What is the difference between a lawyer and an attorney in Estonia?

A lawyer is a person who usually has a legal education. Practising merely as a lawyer is not separately regulated by law. An attorney is a member of the Estonian Bar Association who has generally passed the Bar examination and is subject to professional secrecy, continuing professional education and supervision by the Bar. Attorneys are either attorneys-at-law or assistant attorneys-at-law. Attorneys-at-law have the broadest powers. For example, in civil contentious proceedings before the Supreme Court, a party may act only through an attorney-at-law, except in a few cases provided by law, such as a bankruptcy trustee’s right to represent the debtor.

At a glance: lawyer, assistant attorney-at-law and attorney-at-law

• A lawyer is usually a person with a legal education. Practising merely as a lawyer is not separately regulated by law, no professional examination is required and the Bar does not supervise the lawyer’s work. A lawyer holding at least a master’s degree in law may represent you in civil and administrative matters in county, administrative and circuit courts and, in criminal proceedings, as the victim’s representative. They may act as defence counsel for a suspect or accused only with the permission of the body conducting the proceedings.
• An assistant attorney-at-law is an attorney and a member of the Estonian Bar Association who has passed the assistant attorney-at-law examination and practises under the supervision of a patron who is an attorney-at-law. Like an attorney-at-law, they are subject to the requirements of professional practice and professional ethics for attorneys and to the duty of professional secrecy. They cannot act before the Supreme Court in civil contentious proceedings.
• An attorney-at-law is an attorney with the broadest statutory powers. A person generally becomes an attorney-at-law after practising as an assistant attorney-at-law for at least three years and passing the attorney-at-law examination.

Who is a lawyer?

A lawyer is a person who usually has a legal education. A lawyer may work, for example, in a company, public authority, legal services firm or as an independent consultant. Many lawyers are highly skilled specialists in their field.

Working as a lawyer is not generally a regulated profession in Estonia. Access to the role is not controlled by the Bar or another professional body, and Bar membership, Bar supervision and the professional safeguards laid down in the Bar Association Act do not apply merely because a person is a lawyer. In practice, this means that almost anyone may call themselves a lawyer and nobody checks it. As a result, when hiring a lawyer you do not generally have the same safeguards and assurance as when instructing an attorney whose work is supervised.

Who is an attorney?

An attorney is a member of the Estonian Bar Association. In Estonia, legal services under the professional title of attorney may be provided only by a member of the Bar (as an exception, lawyers from other European Union Member States may also practise in Estonia under the professional title of their home country). To be admitted to the Bar, a person must, among other requirements, hold at least a master’s degree in law or an equivalent qualification. They must be proficient in Estonian, be honest and ethical, and have the abilities and personal qualities required for practising as an attorney. As a rule, a person is admitted to the Bar after passing the Bar examination.

Attorneys are either attorneys-at-law or assistant attorneys-at-law. Both are subject to the requirements of professional practice and professional ethics for attorneys, but their powers differ.

What is the difference between an attorney-at-law and an assistant attorney-at-law?

Both an attorney-at-law and an assistant attorney-at-law are attorneys and members of the Estonian Bar Association. An assistant attorney-at-law is not an attorney’s assistant, but an attorney who is subject to the requirements of professional practice and professional ethics for attorneys, including the duty of professional secrecy, and to supervision by the Bar.

An assistant attorney-at-law has passed the assistant attorney-at-law examination and practises under the supervision of a patron who is an attorney-at-law. A person can generally become an attorney-at-law after practising as an assistant attorney-at-law for at least three years and passing the attorney-at-law examination.

The difference lies in their powers. In civil contentious proceedings, an assistant attorney-at-law cannot represent a client before the Supreme Court; there, the client is represented by an attorney-at-law. In criminal and administrative matters and in civil non-contentious proceedings, an assistant attorney-at-law may also represent a client before the Supreme Court. An assistant attorney-at-law may not act as a bankruptcy trustee and needs permission from the Board of the Bar to act as an arbitrator or conciliator.

What safeguards does the attorney profession provide to clients?

The attorney profession comes with statutory safeguards that protect the client. They arise, among other things, from the Bar Association Act.

• Verified professional knowledge. Becoming an attorney generally requires passing a professional examination, and becoming an attorney-at-law requires passing the attorney-at-law examination as well. No professional examination is required to practise merely as a lawyer.
• Mandatory continuing education and regular assessment. An attorney must continuously develop their knowledge and skills. Every five years, the Bar’s professional suitability committee assesses whether the attorney has completed sufficient continuing education.
• Quality standard. By law, an attorney’s legal service must be timely and competent and must be based on a thorough examination of the facts, evidence, legislation and case law.
• Supervision and the Court of Honour. The Estonian Bar Association supervises attorneys’ work and compliance with ethical rules. If an attorney breaches professional requirements, the Court of Honour may issue a reprimand, impose a fine of up to 16,000 euros, suspend the attorney’s practice for up to one year or expel the attorney from the Bar.
• Professional secrecy. An attorney must keep confidential everything they learn while handling your matter. As a rule, even the fact that you approached the attorney and the amount of the fee paid are confidential. The duty is unlimited in time.
• Protection of confidentiality. An attorney or an employee of a law office may not be questioned as a witness about circumstances learned while providing legal services. Information media relating to an attorney’s legal services are inviolable.
• Professional liability insurance. The holder of a law office must have professional liability insurance covering, to the extent provided by law, direct financial loss caused in connection with providing legal services.
• Independence and prohibition of conflicts of interest. An attorney is independent when providing legal services and may not assist, in the same matter, a person whose interests conflict with yours.

The importance of professional secrecy is also illustrated by Law Firm NAMM’s case on stronger protection for client confidentiality in interception. In its ruling of 10 October 2025 in case no. 1-24-7248/21, the Supreme Court emphasised that intercepting confidential telephone conversations between an attorney and a client significantly interferes with the attorney’s rights.

Who may represent you in court?

• In a civil matter, a representative may be, among others, an attorney or a person holding at least a master’s degree in law. In civil contentious proceedings before the Supreme Court, procedural acts may generally be performed only through an attorney-at-law. You may, however, apply for procedural assistance yourself and submit your position on the other party’s appeal. As an exception, the state may be represented before the Supreme Court by a minister or a representative appointed by the minister, and a bankrupt debtor by the bankruptcy trustee. In non-contentious proceedings, a participant may act in person or through an attorney.
• In administrative court proceedings, a representative may be, among others, an attorney or a person with a master’s degree in law. Before the Supreme Court, an attorney may represent the client, but a person whose right of representation is based solely on legal education may not.
• In criminal proceedings, the victim, civil defendant and third party may be represented in court by an attorney or a person holding at least a master’s degree in law. A lawyer with the required education may also act as contractual defence counsel for a suspect or accused, but only with the permission of the body conducting the proceedings. State-appointed defence counsel is always an attorney. A cassation appeal to the Supreme Court may be filed by the prosecutor’s office, by defence counsel who is an attorney and, as a rule, by the other parties through an attorney.

Even where the law allows a lawyer who is not an attorney to represent you, the safeguards of the Bar Association Act, such as Bar supervision and mandatory professional liability insurance, do not apply to them.

What is the difference between a law office and a legal services firm?

Legal services through a law office are generally provided only by attorneys. Attorneys are subject to professional secrecy, continuing education requirements and supervision by the Bar, and the holder of the law office must have professional liability insurance. A legal services firm is not a form of providing legal services regulated by the Bar Association Act. It is an ordinary business in which lawyers work and to which attorneys’ obligations do not apply. A law office may also employ assistants and other staff. Legal services there are generally provided by attorneys. As an exception, a patent attorney may also provide legal services through a law office within the scope of their own profession.

Why is an attorney often more expensive than a lawyer?

An attorney’s services are usually more expensive than a lawyer’s, and there is a reason for that. Running a law office involves, among other things, the costs of mandatory professional liability insurance, continuing professional education and compliance with professional and ethical requirements, while the law requires attorneys to meet a high standard of work. The client therefore pays not only for time spent, but also for the assurance that the matter is handled by a person with verified knowledge who is accountable for their work and bound by professional secrecy.

When a great deal is at stake, choosing the cheaper option may ultimately cost more. Incorrect advice, a missed deadline or a poorly drafted document may cost more than high-quality legal assistance from the outset.

How to find the right attorney

A good attorney is someone who knows the area of law relevant to your problem and whom you can trust.

1. Identify the area of law involved. A criminal matter, employment dispute, inheritance matter or damages claim each require different expertise.
2. Review the attorney’s experience. Similar previous cases, court decisions, articles and public appearances may be useful indicators.
3. Check that the person is actually an attorney. All Estonian attorneys are listed in the Estonian Bar Association’s list of attorneys, which also shows whether the person is an attorney-at-law or an assistant attorney-at-law. If someone offers services as an attorney but is not on the list, they are not an Estonian attorney.
4. Ask the important questions at the first meeting: who will actually handle your matter, how the fee is calculated, what the next steps are and what the main risks are.
5. Put the agreement in writing. The client agreement should set out the scope of work and the fee terms.
6. Act quickly when time matters. Deadlines are short in criminal matters, redundancy disputes and many court proceedings.

Frequently asked questions

What is the difference between an attorney and an attorney-at-law?

Attorney is the general term. Estonian attorneys are either attorneys-at-law or assistant attorneys-at-law. An attorney-at-law has the broadest statutory powers. For example, in civil contentious proceedings before the Supreme Court, a party may generally act only through an attorney-at-law.

Is every attorney a lawyer?

Yes. Attorneys are subject to a legal education requirement: as a rule, they must hold at least a master’s degree in law or an equivalent recognised qualification. Every attorney is therefore a lawyer. Not every lawyer is an attorney, however, because becoming one generally requires passing the Bar examination and becoming a member of the Estonian Bar Association.

Can an assistant attorney-at-law represent me in court?

Yes. An assistant attorney-at-law is an attorney and may represent you in county, administrative and circuit courts and, in criminal and administrative matters and civil non-contentious proceedings, also before the Supreme Court. In civil contentious proceedings, an assistant attorney-at-law cannot represent you before the Supreme Court.

Can a lawyer represent me in court?

In civil and administrative court proceedings, yes, if the lawyer holds at least a master’s degree in law. Before the Supreme Court, a lawyer cannot represent a client merely on the basis of legal education. In criminal proceedings, a lawyer with a master’s degree may represent the victim and, with the permission of the body conducting the proceedings, also act as defence counsel for a suspect or accused. State-appointed defence counsel is always an attorney.

Where can I find a good attorney?

Start by identifying the area of law involved and look for an attorney with experience in that field. Law office websites show attorneys’ practice areas and previous cases. You can check whether a person is an attorney in the Estonian Bar Association’s list of attorneys.