American Lawyers vs. Avvocati Italiani

American Attorneys, Avvocati Italiani and differences between them

There are perhaps more similarities than differences when comparing American and Italian lawyers, but there are key points of departure nevertheless. Before jumping into what those are, let us pause to consider the terminology used when referring to legal practitioners in the two countries.

In the United States attorneys-at-law, or lawyers, are legally qualified to prosecute or defend actions in a court of law on the retainer of clients. Unlike other common law jurisdictions, the US legal system makes no distinction between lawyers who plead in court and those who do not. To practice law in the US, admission to the bar in a particular state or territorial jurisdiction is required.

While many lawyers in the US limit their activities to specialized areas of practice, for the most part distinctions between types of lawyers are not formalized. In fact, some states forbid or discourage these types of distinctions unless the lawyer has been certified in a specialized area by the state bar.

An avvocato Italiano is generally translated as Italian lawyer (more generally) or Italian attorney (using the American parlance). A qualified Italian attorney handles legal proceedings in any type of court (civil, criminal, family, labor, tax, etc.). Like their American counterparts, lawyers in Italy must pass the bar exam, known as the Esame di Stato, in order to practice law.

In addition to arguing on behalf of clients in court, Italian lawyers may also may also act as representation, if necessary in place of the client, on a range of legal matters such as contract signing, submission of affidavits or drafting of documents.

Some differences between the legal profession in Italy and that of the United States can be observed, however, when looking at training, jurisdiction and even the formation of law firms. 

Before taking the bar exam in Italy, it is customary to train for at least 18 months at a qualified law firm. The trainee is entered into the Register of Trainee-Lawyers and works under the supervision of certified lawyer (who themselves have no less than five years of experience). These types of training prerequisites are not the norm for those seeking to take the American bar exam.

Another distinction involves jurisdiction. American attorneys are qualified to practice in the particular state or territory where they have taken the bar. They generally don’t practice outside those jurisdictions, although some states do have reciprocal agreements allowing attorneys to practice in each others state without sitting for another bar exam. 

Conversely, once an Italian lawyer has passed the bar exam in Italy they are certified to practice anywhere in the country. As previously mentioned, Italian lawyers can also conduct proceedings in any type of court. While there are certainly different types of attorneys in Italy (with different areas of expertise), once an attorney is licenced to practice law, they can argue any case they choose and anywhere that is required (within national borders).

Finally, there is the matter of law firms themselves. An Italian law firm must have at least one Italian attorney on staff and may also have multiple Italian lawyers. They are also normally run as unlimited liability partnerships. American law firms, on the other hand, are quite often limited liability companies (LLC).

If you require any type of legal assistance in Italy, find out how qualified Italian attorneys can move your case forward. My Lawyer in Italy provides a range of services to meet all your legal needs and has a team of dedicated, English-speaking lawyers ready to represent you in Italy. Call us today for your free consultation.