APEC economy: Mexico; Jurisdiction: Mexico
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer cannot obtain a limited licence entitling them to offer advisory services in foreign and international law (i.e. become a foreign legal consultant).
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction. The relevant legislation is:
- Federal Law for article 5th of the Constitution regarding the practice of Professions in Mexico City (Ley Reglamentaria del artículo 5° constitucional relativo al ejercicio de las profesiones en el Distrito Federal).
- Regulations to the Regulatory Law for article 5th of the Constitution, regarding the practice of Professions in Mexico City (Reglamento de la Ley Reglamentaria del artículo 5° constitucional relativo al ejercicio de las profesiones en el Distrito Federal). The governing body responsible is the General Directorate of Professions.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must:
- If Mexico has signed an Agreement with the country where the foreign lawyer comes from, there are no more requirements than those agreed on the treaty.
- If an agreement between Mexico and the foreign lawyer’s country does not exist, this type of professional services will be subject to reciprocity, as well as fulfilment of the administrative requirements provided in the Mexican Law.
- If the foreign services supplier acquires the immigrant or immigrated status, regardless of the country where he/she comes from, even if there is no reciprocity or an agreement with that country, the Certificate/Licence will be granted, previous revalidation of studies.
- Federal Law for article 5th of the Constitution regarding the practice of Professions in Mexico City (Ley Reglamentaria del artículo 5° constitucional relativo al ejercicio de las profesiones en el Distrito Federal).
The following links provide the specific requirements:
These requirements are the same as the rules applicable to a local applicant, except that there must be demonstration of authenticity of foreign studies.
Commercial association between lawyers and law firms
In this jurisdiction:
- Local lawyers may be employed by another local lawyer of a local firm.
- Local lawyers may be employed by a foreign lawyer or a foreign firm.
- Foreign lawyers may provide services in some other form of commercial association with local lawyers.
- Foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law, provided that for foreign participation to establish a law firm beyond 49% requires a favourable resolution from the Foreign Investment National Commission (CNIE).
- Foreign firms are permitted to enter into commercial association with local lawyers or law firms, provided that for foreign participation to establish a law firm beyond 49% requires a favourable resolution from the Foreign Investment National Commission (CNIE) and that in order to practise local law, they have to hire local professionals.
Other regulatory issues
In this jurisdiction:
- There are no specific rules in relation to advertising by lawyers or law firms.
- There are specific rules relating to use of names by lawyers or law firms. These provide that, when establishing a commercial presence, the name must be approved by the Ministry of Foreign Affairs. This requirement applies to local firms as well.
Contacts
Category | Name | Website or other contact details |
---|---|---|
Organisation(s) that controls licensing of lawyers | General Directorate of Professions | http://www.sep.gob.mx/wb/sep1/sep1_Direccion_General_de_Profesiones_ |
Peak professional association representing the legal profession | Barra Mexicana Colegio de Abogados, AC | http://www.bma.org.mx/ |
Ilustre y Nacional Colegio de Abogados de México, AC | http://www.incam.org/ | |
Asociación Nacional de Abogados de Empresa, AC | http://www.anade.org.mx/ Anade@Anade.Org.Mx |