Italian correspondent counsel for foreign law firms

Who instructs Italian counsel, and in what position

The firms that contact us are not looking for a referral; they have a client already and need somebody admitted here to act. The positions are recognisable, and naming yours at the start shortens the opening conversation.

Some firms act for an individual who is under arrest or investigation in Italy and has asked for a lawyer from home. The client speaks a different language from the Italian authority, and the foreign firm needs a counterpart who can attend interviews, hearings and applications and report back in terms the firm can use.

Others act for a client who is wanted by Italy, or who is being asked to give evidence for proceedings elsewhere. The firm is dealing with a warrant, a request for assistance or a summons from an Italian authority, and needs to understand what is being asked, what the client can refuse, and how the Italian procedure will run.

A further group are advising companies. An enterprise with operations in Italy, or a bank with a branch there, may face an inquiry that touches managers, and the home firm wants Italian criminal counsel working alongside the corporate team. A smaller number need a written opinion on an Italian criminal-law question for proceedings elsewhere, such as a dispute about whether conduct is an offence here.

The reverse position also exists: Italian firms and individuals asking for counsel abroad. That arrangement is described further down. In all of these, the Italian lawyer acts for the instructing firm and, through it, for the client, within the limits the firm sets.

What the instruction changes for the firm and its client

Bringing in Italian counsel alters the way a matter is run on the foreign side as well as on the Italian. The client's expectations change as soon as they learn that decisions will be taken by a lawyer in another country. They want to know who is responsible for what, who they may call, and how often they will hear. A firm that agrees these points at the outset avoids the complaints that otherwise arise some weeks into a matter.

Billing and file management also change. Fees for an Italian lawyer follow Italian practice and are agreed in advance, usually in a written letter, and costs for translators, experts and travel are separate. The instructing firm needs to decide whether to pass these through to the client or absorb them, and to say so clearly.

Confidentiality has to be organised. What is protected at home may not be protected in Italy, and documents sent to an Italian lawyer should be shared on terms that both sides understand. Material that the firm would be happy to see in a foreign court may become part of an Italian file, and the reverse. The client's business needs attention too: a manager held in Italy cannot sign contracts, a founder with a travel restriction cannot attend a board meeting, and a student must tell a university. The Italian lawyer should know of these pressures, because they influence which applications are worth making and when.

Decisions at the moment of instruction

Decisions are normally taken in the opening call, and each has a cost.

Scope of the instruction. A narrow instruction, for example to attend a hearing, is quick to agree and cheap, but it leaves the Italian lawyer without the context to advise on other steps. A wider instruction, covering the whole case, lets the lawyer act on deadlines and applications without waiting for the firm. Most matters settle on a middle path: full authority for urgent steps and consultation before anything that changes the strategy.

Who speaks to the client. The Italian lawyer can deal with the client directly, with an interpreter, or only through the firm. Direct contact is faster and is often needed for a client in custody. Indirect contact keeps the firm in control but adds delay. The firm should state its preference at the outset and say whether it wants to attend meetings.

How much to disclose. A firm may want to send the whole file, or only an extract. Sending the whole file avoids surprises, but it may include material that is better kept at home. Sending an extract saves time but may lead to advice built on a partial picture. Sensible practice is to send the core documents straight away and to agree what else follows.

What the instructing firm should send

Italian counsel can start work as soon as the following material arrives. Send it in the order below, with a short covering note stating what is urgent.

• The client's full name as in the passport, date and place of birth, nationality, and the address where official papers can reach them.
• A summary of the case in the working language of the firm, stating the status of the client: suspect, witness, person sought, or injured party.
• Every document received from an Italian authority, in the original and in photograph form, with the envelope or email showing the date of delivery.
• Any warrant, request for assistance or summons, with its translation if the firm holds it, and a note of what has already been done in answer.
• A statement of known deadlines, with the date from which each runs, because short deadlines in Italian procedure start from service.
• Information about conflicts: other parties the firm acts for, and related proceedings in any country.
• The firm's instructions on language, reporting, contact with the client, and who may approve costs.
• Details of any interpreter, expert or local correspondent already involved, so that work is not duplicated.

Where documents are not ready, send what exists and say what is missing and when it will follow. A partial file received today is more useful than a perfect file received after a deadline has passed, and the studio will tell you which gaps matter and which can wait.

Questions an instructing firm should put to Italian counsel

These questions cover the ground that foreign colleagues often find unfamiliar, and they produce answers that can be passed to the client.

• In what capacity can you appear for the client at each stage, and is a power of attorney from the client needed before you act?
• Which authority is dealing with the file, and which court would decide any application?
• What deadlines are running, from what date, and what is lost if a deadline is missed?
• How does your office handle requests for mutual legal assistance in both directions, and what is the usual path of a request?
• Where the client is wanted under a European arrest warrant, what can be argued in Italy and what must be argued in the issuing state?
• How will you report to us, how often, and in what language?
• Which costs will fall outside your fee, such as translation and experts, and how are they approved?
• If Italian counsel is needed for an investigation conducted by the defence, what can you do, and what must be left to the authorities?

A reply that names deadlines and capacity in precise terms is a good sign. A reply that avoids them should prompt another question, put in writing so that the answer can be kept on the file.

Jurisdictions that share a file

Most instructions arrive with legal systems from different countries in play, and the practical work lies in the places where they touch. Documents are the plainest example. A judgment, a certificate or a power of attorney from the home jurisdiction usually needs a certified translation and, in many cases, a formal certification of its origin before an Italian authority will accept it. Italian documents travel in the other direction under the same constraints. Allow time for both, and ask the Italian lawyer which items are urgent.

Post and service raise their own issues. A summons delivered to a former address in Italy still counts, even if the client never saw it. The firm should establish where the client is formally notified and should ask the client to tell Italian counsel of every change of address.

Calls between lawyers must be arranged around time zones and working days that may differ, particularly if the firm is outside Europe. Short written updates avoid misunderstandings, and urgent matters should always be confirmed in writing. The client's consulate can verify identity, supply copies and visit a person in custody, but it cannot choose counsel or enter into the merits. Where evidence is gathered in Italy for use abroad, the Italian lawyer should be told early what the foreign court will need, as the form of the evidence matters. Counsel working in parallel in both countries need a shared account of the facts, because statements made in either country are read in the other.

How the studio works with foreign firms

An instruction starts with a message from the partner or associate in charge, which can be in English, setting out the client, the status and the urgent point. The studio replies with a short list of what it needs and, if the matter is urgent, a call is arranged the same day. Offices in Rome, Milan and Naples allow the studio to attend hearings in different parts of the country, and urgent arrests are covered at any hour.

A written letter of engagement fixes the scope, the reporting line and the fees. The client also signs a power of attorney in a form that Italian authorities will accept, and the studio explains how to sign it if the client is abroad or in custody. Documents are sent as PDF files, and the studio confirms receipt.

The studio reads the file, identifies the authority and the deadlines, and sends a written note to the firm in the working language setting out the position, the options and the costs. Reports follow after each hearing or step, and the firm remains the client's main contact unless it asks otherwise. The studio does not take instructions from a client who is represented by a firm without the firm's agreement, and it does not promise results. Where an expert, a translator or a local correspondent in another country is required, the studio proposes a candidate and the firm approves the cost.

What a foreign firm should avoid

Some actions taken in good faith by experienced foreign colleagues cause difficulty in Italy. The following are worth keeping in mind.

• Do not allow the client to speak to the Italian police or prosecutor before Italian counsel has been briefed. Statements cannot be withdrawn, and rights of a suspect differ from those at home.
• Do not contact Italian witnesses to take statements yourself. Italian procedure sets strict forms for this, and a statement taken informally may be useless or harmful.
• Do not describe the likely outcome to the client in terms drawn from the home system. Brackets, procedures and timings differ.
• Do not send documents without checking whether they carry confidential information about outside parties, since the Italian file may become visible to others.
• Do not assume that a deadline can be extended by agreement. Procedural deadlines in Italy often cannot be moved.
• Do not let a client leave Italy or ignore an Italian summons without advice from Italian counsel. Absence can be interpreted as flight.
• Do not delay instructions until a summons turns into a warrant. Early advice is cheaper.

These errors share a cause: the wish to act quickly for a client in distress. The remedy is a brief call to Italian counsel before anything is said to an Italian authority, because that call costs little and prevents the damage that is hardest to undo.

Italian terms the firm will see in the papers

Documents from the Italian authorities carry words that translators sometimes render unevenly. These are most likely to appear.

• Mandato d'arresto europeo is the European arrest warrant, which a judicial authority issues for the surrender of a person between member states.
• Estradizione is extradition, the handing over of a person to a state outside the European arrangement.
• Rogatoria is a request from an authority to another abroad for evidence or assistance, usually transmitted through formal channels.
• Misure cautelari are the measures taken before judgment, such as detention, house arrest, reporting duties and travel bans. Applications about them are urgent.
• Difensore is the defence lawyer, and a difensore di fiducia is a lawyer chosen by the client, as distinct from a lawyer appointed by the authority.
• Procura is the prosecutor's office, the authority that directs the investigation.

Send any word that is unclear to the studio before replying to the authority, since a poor translation can lead to a wrong answer. Terms of this kind often hide differences between systems: a lawyer chosen by the client has a different standing from a lawyer assigned by the authority, and a measure taken before judgment is not a punishment even though it can restrict liberty for a long time. When a translation uses a word that seems oddly mild or oddly harsh, the Italian original is usually the better guide, and the studio will read it for you.