By Chilean Attorney Zandra Valenzuela

As self-flattering as it would be to think every foreigner needing an attorney in Chile would only wish to hire us to represent them, it is likely impossible that we could handle all the work or solve every legal problem if they did. So some basic advice and considerations about selecting Lawyers and Law Firms in Chile would seem to be in order.

The obvious first thing to consider in selecting an attorney in Chile, and by extension the law firms in Chile they work for, is to ask yourself just how important or complex is the legal problem you are facing. This can be tricky, as what many foreigners assume to be simple in their home country can be very complex in Chile. For example, Americans almost take for granted what is involved in the formation of a corporation or LLC. Often in other countries a lawyer is not even required to start a simple company. Even things such as apparently simple as rental contracts are much more involved in Chile. Handled incorrectly, they can have very expensive consequences in the future.  A good place to start is to ask yourself what do you stand to loose if something goes wrong? Is it worth the risk to hire a cheaper or less experience attorney? What are your special requirements or needs as a foreigner, that an average Chilean might not have?

Legal Education in Chile
The two oldest and most respected law schools in Chile are the University of Chile (my personal alma mater) and the Pontificia Universidad Católica de Chile in Santiago. They are the Yale and Harvard of Chile. Diego Portales, Andres Bello, and Universidad del Desarrollo, are a few of the best private Universities with excellent law programs and long well earned prestige. The University Austral in the south of Chile has also earned a reputation for high standards in recent years both nationally and internationally. There are other good law schools in Chile.

That said, All that glitters is not gold in Chilean law schools or their graduates. The increasing popularity of law as a profession in Chile has created more than a few degree mills among law schools. Some food for thought is that there is currently a wait of over Two years for law school graduates to complete their mandatory public service internships and receive an invitation to the swearing in ceremony at the Chilean Supreme Court.

In recent years The Supreme Court has begun rejecting applicants to practice that have already graduated from Law school because the law schools failed to provide for the basic required classes.  This has sent many law school students back to school, even those that are already practicing law. Chilean Supreme Court Judges such as Milton Juica have been very critical of the system in recent years, in regards to the lack of oversight in the quality of legal education, and that it is a well known practice for some universities to accept failed students from other universities allowing them to obtain a degree by completing very few requirements. Keep in mind that the Colegio de Abogados (similar to the Bar Association in the U.S.) has no powers of regulation or oversight. Quantity and quality of attorneys is a serious issues in the legal profession in Chile.

Chilean Licensing of Lawyers
That brings us to the subject of law licenses in Chile. There is no license required to practice law in Chile strictly speaking, except to appear in court. There is also no ongoing education requirements for an attorney to maintain their license. A licensed Chilean attorney simply means they were accepted to  practice law by the Supreme Court after graduation by having met all the requirements of education and practice, and they have performed their yearly pro bono public service hours.

There is very little oversight as to what attorneys can and can not do apart from engaging in blatant criminal activity. The Supreme Court can forbid an attorney from practicing, but asking an attorney if they are “licensed”, really does not mean that much. In fact, most will confuse “license” with the false congitive in Spanish to mean they have a law degree. Many graduates of law schools in Chile never actually complete the bar exam or are accepted by the Supreme court.  You would need to check with the supreme court to verify an attorney has been accepted to practice law.  So, the issues that follow are all the more important when considering what attorney to hire.