The title of ”advokat” (lawyer in Swedish) is a protected designation in Sweden, governed by strict regulations and a code of conduct known as ”god advokatsed.” Upholding these standards is crucial for maintaining public trust and ensuring ethical legal practice. Breaching these rules can lead to severe consequences, including expulsion from the Swedish Bar Association (Advokatsamfundet), the governing body responsible for overseeing the legal profession in the country. Currently, a disbarred lawyer can still be employed in a legal capacity, such as an assistant lawyer, within a law firm, potentially offering legal advice despite their expulsion. This loophole raises concerns about client protection and the overall integrity of the legal system.
Addressing this vulnerability, the Swedish Bar Association has implemented a significant change set to take effect on January 1, 2025. This new regulation will prohibit lawyers who have been disbarred from working in law firms, strengthening the safeguards for clients seeking legal counsel. The aim is to ensure that individuals seeking legal assistance from a law firm can have confidence in the ethical standing and professional integrity of everyone providing services. This measure reinforces the public’s trust in the legal profession by guaranteeing that those offering advice have not been sanctioned for professional misconduct. It also aims to deter potential exploitation of the legal system, particularly in the context of rising organized crime, where individuals might attempt to manipulate or utilize lawyers for illicit purposes.
The decision to implement this new regulation underscores the growing concern over maintaining the integrity of the legal profession, especially in the face of increasing challenges such as organized crime. Recent high-profile cases involving disbarred lawyers implicated in serious criminal activities have highlighted the necessity for stronger regulations. One such case involved a female lawyer disbarred in 2022 for a relationship with a member of a criminal gang. Another prominent case involved two lawyers, nicknamed ”The King” and ”The Prince,” who were disbarred and subsequently imprisoned in 2021 after a lengthy legal process. These cases, described as unprecedented in their severity, emphasized the need for more stringent measures to protect the legal system from exploitation and maintain public trust.
In response to these concerns, the Swedish Bar Association established a supervisory unit in 2023. This unit, along with the Bar Association itself, played a key role in developing the new regulation prohibiting disbarred lawyers from working in law firms. However, the regulation’s scope is limited to law firms and does not extend to legal services offered by juristbyråer (legal services firms), since ”jurist” (legal professional) is not a protected title and falls outside the Bar Association’s jurisdiction. While lawyers are bound by the code of conduct (”god advokatsed”), legal professionals working in juristbyråer are not subject to the same ethical constraints. This distinction creates a potential loophole for disbarred lawyers, although the Bar Association maintains that the number of individuals affected by this change is relatively small.
The number of disbarred lawyers in Sweden is indeed relatively low, with only a handful of cases annually. Out of approximately 6,700 lawyers in the country, four were disbarred in 2024, one in 2023, and four each in 2022 and 2021. Despite the small number of cases, the Swedish Bar Association emphasizes the importance of this regulation on principle, stressing its significance in upholding professional standards and public trust. The Bar Association reassures the public that there is no cause for concern when seeking legal advice from a law firm. They encourage anyone uncertain about a lawyer’s standing to contact them directly for verification. Furthermore, the new regulation does not apply retroactively, meaning that formerly disbarred lawyers currently employed by law firms are permitted to continue their work.
The Swedish Bar Association functions as the gatekeeper of the legal profession in Sweden, responsible for admitting and regulating lawyers. It emphasizes the importance of ”god advokatsed,” the ethical code that guides legal practice. Any suspected breaches of this code can be reported to the Bar Association’s disciplinary board, which is composed of eight elected lawyers and three government-appointed public representatives. This board investigates alleged misconduct and has the authority to issue sanctions ranging from reprimands and warnings to fines and, in the most serious cases, expulsion. To ensure transparency and accountability, all decisions made by the Bar Association in disciplinary matters are subject to review by the Justice Chancellor (Justitiekanslern, JK), who has the power to appeal decisions to the Supreme Court. This multi-layered oversight system aims to uphold the highest ethical standards within the legal profession and protect the interests of the public.
