§ 2. Definition and legal status of Bar Association
(1) Estonian Bar Association, founded on 14 June 1919, is a self-governing professional association which organises the provision of legal services in private and public interests and protects the professional rights of advocates.
(2) The Bar Association is a legal person in public law.
(3) The Bar Association shall operate pursuant to the law, legal acts of the bodies of the Bar Association, and good morals.

§ 22. Members of Bar Association
(1) Sworn advocates, senior clerks of sworn advocates and clerks of sworn advocates are members of the Bar Association (advocates).
(2) All persons who comply with the requirements provided for in this Act and have passed the advocate's examination may be members of the Bar Association.
(3) In Estonia, only members of the Estonian Bar Association may provide legal services as advocates, unless otherwise provided in this Act.
(4) Membership in the Bar Association is certified by a Bar Association membership certificate and an advocate's certificate. The advocate's certificate shall contain the information specified in clauses 21 (2) 2) – 8) of this Act.

§ 23. Requirements for advocates
(1) A person may be admitted to the Bar Association, if he or she:
1) has active legal capacity;
2) resides in Estonia or is a citizen of the Republic of Estonia or of a Member State of the European Union;
3) has fulfilled an accredited law curriculum of academic studies
4) has oral and written proficiency in Estonian;
5) is honest and of high moral character.
(2) In order to be admitted to the Bar Association, a person must submit a written application and pass an advocate's examination. In the application, a person shall certify that the circumstances provided for in sub section 27 (1) which exclude admission of a person to the Bar Association do not exist with respect to the applicant.
(3) Members are admitted to the Bar Association by a resolution of the Board.
(4) The Board of the Bar Association shall publish notices concerning admission of advocates to the Bar Association in the official publication Ametlikud Teadaanded3.

§ 65. Recognition of professional qualifications
(1) A person who has the right to practice as an advocate on a permanent basis in a foreign state is admitted to the Bar Association on the basis of a written application and without passing a sworn advocate΄s exam, if his or her professional qualifications are recognised according to the Recognition of Foreign Professional Qualifications Act (RT I 2000, 29, 168).

§ 74. Advocates of foreign states
(1) An advocate of a foreign state means a person who has the right to practise as an advocate on a permanent basis in a member state of the European Union and who is not a member of the Estonian Bar Association.
(2) The provisions of § 41 of this Act apply to the professional activities of advocates of foreign states, taking into account the specifications provided for in this section.
(3) An advocate of a foreign state may not practise as an advocate on a permanent basis in Estonia.
(4) In Estonia, an advocate of a foreign state may represent or defend a client in court only together with a sworn advocate.
(5) In Estonia, the requirements for the professional activities and professional ethics of advocates applicable to members of the Estonian Bar Association also apply to the activities of advocates of foreign states, without prejudice to the requirements for professional activities applicable to him or her in the corresponding member state of the European Union

§ 75. Use of professional title by advocates of foreign states
(1) In provision of legal services in Estonia, an advocate of a foreign state shall practice under the professional title of an advocate which grants hime or her the right to practise as an advocate in a member state of the European Union. The name of the body who granted such right or the name of the court where the advocate of the foreign state practises in a member state of the European Union shall be added to the professional title.
(2) The professional title of an associate member shall be expressed in at least one official languages listed in subsection (1) of this section in a manner that enables it to be clearly differentiated from the professional titles of Estonian advocates.

§ 76. Supervision over professional activities of advocates of foreign states
(1) Supervision over the professional activities of advocates of foreign states in Estonia shall be performed by the Board of the Bar Association.
(2) An advocate of a foreign state shall have the obligations specified in subsection 46 (2) of this Act. The Board of the Bar Association may require an advocate of a foreign state to verify his or her right to practise as an advocate in a member state of the European Union.
(3) Upon commencing provision of legal services, an advocate of a foreign state shall submit a corresponding notice to the Board of the Bar Association.

§ 77. Commencement of proceedings of court of honour against and imposition of disciplinary penalties on advocates of foreign states
(1) Proceedings of the court of honour are commenced against advocates of foreign states on the bases and pursuant to the procedure provided for in this Act.
(2) The court of honour may impose penalties specified in clause 19 (2) 2) of this Act on an advocate of a foreign state or deprive him or her of the right to practise as an advocate of a foreign state in Estonia. A decision of the court of honour on deprivation of a person of the right to practise as an advocate of a foreign state in Estonia shall take firce as of the approval thereof by the Board of the Bar Association.

§ 78. Notification of competent authority of member state of European Union
(1) The Board of the Bar Association shall notify the competent authority of a member state of the European Union of the commencement of proceedings of the court of honour against an advocate of the foreign state or of imposition of a disciplinary penalty of an advocate of a foreign state, and communicate the relevant information to the competent authority.
(2) The Board of the Bar Association shall comply with the requirement to maintain confidentiality while using and preserving information concerning an advocate of a foreign state received from the competent authority of a member state of the European Union.

¹ RT = Riigi Teataja = State Gazette
² Riigi Teataja Lisa = State Gazette
³ Ametlikud Teadaanded = Official Notices
⁴ Riigikogu = the parliament of Estonia


Source: Estonian Legal Translation Centre
http://www.legaltext.ee/indexen.htm