The Lawyering After Three Decades

From 1990 to date, many have expressed their impressions, facts or have shared memories regarding institutional reforms, or political movements in the post-communist Albania. But one institution that has not been so much on focus, or has been somehow forgotten, in respect to the reforms, is the legal practice (in Albanian: Avokatia).

Main comments regarding the law practice as a private profession have been analyzing the reasons for its abrogation and then reasons from its re-establishment in 1992. As already known its abrogation was decided considering the private legal services as redundant, as citizens of a happy country could have their rights and freedoms protected by their state. No matter if the state was a prosecutor and judge at the same time, it could function as a defense lawyer, too. So, the reintroduction of the Ministry of Justice and the legal profession in 1991 shortly after the fall of Berlin Wall and the Bronze Statue of Enver Hoxha marks the start of one of the most important reforms in the whole legal system.

We would witness through the years how the two institutions played a signif‌icant role in the set-up of the whole system and drafting of the new modern legislation, and also completing the full structure of institutions that would be contributors to the implementation of the fair process, which was missing for more than four decades before nineties.

In my view, the role of foreign lawyers' associations that sent volunteers to Albania on their behalf, was of a great value. Main contribution came from the Law Society of England and Wales, and British Albanian Law Association, formed in London in the nineties, and later Slynn Foundation. A precious assistance was also extended generously by the American Bar Association through their CEELI (Central and Eastern Europe Law Initiative) supported by ABA (American Bar Association). Their know-how was crucial in the introduction of a set of rules that would make the legal profession to conduct in a fashion that was prevalent in modern societies.

As well, some foreign individual lawyers, who considered Albania as a potential market for their practice, started to get acquainted with Albanian lawyers with the means to select those who were able to understand quickly and grasp the needs of foreign investors and offer services in a conf‌ident and timely manner to them. It was the time when exploring new markets in South East Europe became so attractive because of lots of...