BRUSSELS LAW FIRMS AND CORPORATE EU LOBBYING

The role of law firms in corporate EU lobbying is often underestimated. Indeed a number of the Brussels law firms appear keen to promote their lobbying activities to potential clients. Many law firms advertise their lobbying services via their own websites  and highlight how they offer clients strategic policy advice and help to shape EU legislation and administrative decisions. A large part of their work relates to shaping draft EU legislative measures. They analyse the potential effect of draft legislation on their clients’ business activities and in co-operation with their clients define threats, opportunities and strategic goals. They then devise and implement detailed campaigns, encompassing both legal and public affairs advice. In providing such services, law firms are often competing directly with Brussels-based public affairs consultancies.  

The European Public Affairs Directory lists 110 law firms specializing in international and/or European law. Not all of these law firms offer lobby consultancy services to corporate clients, but many do and prominently so. Under the EU Transparency Register, Law firms  are not required to register their activities – the Commission’s register remains voluntary for all interest representatives. The following activities are exempt from registration:  

'Activities concerning the provision of legal and other professional advice, in so far as they relate to the exercise of the fundamental right to a fair trial of a client, including the right of defense in administrative proceedings, such as carried out by lawyers or by any other professionals involved therein. In particular, the following do not fall within the scope of the register (irrespective of the actual parties involved): advisory work and contacts with public bodies in order to better inform a client about a general legal situation, his or her specific legal situation, or whether or not a particular legal or administrative step is appropriate or admissible under the law as it stands; advice given to a client to help him or her ensure that his or her activities comply with the law; representation in the context of a conciliation or mediation procedure aiming to prevent a dispute being brought before a judicial or administrative body. Insofar as an individual company and its advisers are involved in a specific legal or administrative case or proceeding in which they are party, any activity directly related to this case, not aiming as such at changing the existing legal background, does not fall within the scope of the register."

The Belgian bars are of the opinion that lawyers may practise lobbying and register in the transparency register provided s/he obtains the explicit agreement of the client, the lawyer is entitled to communicate the name of the client and the financial information required under the Transparency Register i.e. the total fees generated by lobbying and the part of the fees which relate to such client.'