Writing in NLJ this week, Hirra Tung and Lucia Bonetto of McNair International compare legal services restrictions, licensing arrangements and challenges to designation.
In Britain, general licences permit certain legal fee payments, subject to caps, reporting and record-keeping requirements. Challenging designation presents a ‘very high threshold for claimants’, with courts recognising the cumulative impact of sanctions.
EU restrictions cover certain non-contentious advice but preserve exceptions for defence rights and access to proceedings. Successful designation challenges show that proximity to Russia alone may be insufficient without an objective link.
The US has no comparable broad prohibition on legal advice, instead applying licensing rules and client-specific restrictions. Courts generally defer substantially to executive decisions.
The authors highlight the differing exemptions and judicial approaches practitioners must navigate across the jurisdictions.
