The figure of attorneys is fundamental for many daily activities: they represent their clients in court, provide legal services, offer general legal advice, and much more. However, their duties may vary based on the country they’re in. In this case we’ll be analysing the major differences between American and Italian lawyers/attorneys, focusing on the main characteristics of the latter.

For example, one of the main differences we can list is between the roles and responsibilities of attorneys: in the United States, many lawyers limit their activities to certain areas of practices, while Italian attorneys can take care of legal proceedings in any type of court (criminal, labor, civil..). Also, they have the possibility to represent their clients not only in court, but also in all the contexts in which a legal signature is required for example:

— sign contracts
— submit affidavits
— draft documents, etc

Another difference is that once Italian lawyers pass their bar exam, they can practice anywhere they want within their country; on the contrary, American attorneys can only practice in their jurisdiction (sometimes, some states have specifical agreements that allow attorneys to practice also outside of their state).

Becoming an Attorney in Italy

Lawyers in Italy are licensed professionals who provide legal advice and assistance and work on behalf of private citizens, businesses, private and public entities/bodies.

Obviously, after the five-year-degree program, in order to practice law, lawyers must train for a period of 18 months at a law firm and, eventually, pass the national bar exam, which will allow them to practice anywhere in the country. They competently represent their clients before a judge, presenting arguments in favour of the party they’re assisting with the aim of defending them.

Additionally, they provide legal advice on their client’s rights, for example by suggesting the best course of action and their duties can vary depending on what area they specialise in: property law, labor law, administrative law, to name some. Obviously, whatever case they’re working on, it is required that they have an in-depth knowledge of who they’re assisting and of their situation, and they must be knowledgeable about the law.

Also, they must maintain professional secrecy and avoid conflicts of interest at all times.

Lastly, it is important to point out the fact that in Italy there are many lawyers specialized in real estate affairs. However, not all lawyers have this type of specific expertise. Make sure you consult a real estate attorney that is able to meet your needs, in order to have a flawless experience.

Buying a house in Italy: the main figures involved in this process

Buying property in Italy can appear quite complex at first, so it is crucial that you find qualified people to work with during this time-consuming process, allowing you to have a positive experience without language difficulties or so.

First of all, it is recommended to find a professional real estate agent that can help you get around the Italian property market, providing you with the best advice regarding properties, negotiating prices, and so on. Real estate agents usually require a commission between 2.5% and 3% of the purchase price.

However, the most important thing when buying a house in Italy, is to have both an attorney and a notary.

Attorneys specialised in real estate affairs mainly deal with legal issues related to the purchasing or selling of properties, they provide legal advice during the entire process, ensure the upmost professionalism and can act as an intermediary between parties.

The notary, instead, is a legal professional who assists you during every purchase transaction, representing the Italian State. Among his most important duties are acquiring several documents including the planning permission building certificate, the certificate of habitability and the energy rating certificate. Generally, the notary fee amounts to 1% of the purchase price. The presence of the notary is fundamental for the closing (called “rogito”) of the purchasing process.

Regarding mortgage, your lawyer might be able to provide you with suggestions, for example the best banks you can collaborate with. In relation to mortgages, there are a few differences whether you’re a resident in Italy or not. In the case of foreign citizens who are legally live in Italy, holders of a regular employment contract, they must meet the following requirements:

— residency in Italy for at least 2 years;
— employment for at least 6 months.

Once these conditions are met, there are a series of documents required to open mortgage paperwork, including current residence permit, bank or postal account, copy of contract, etc.

If you’re interested in buying property in Italy, feel free to contact ItalyLawFirms, who offers its clients free consultation, providing great assistance thanks to its team of professionals.

Inheriting property in Italy

American inheritance laws are very different from the Italian ones: for example, Italian inheritance laws provide protection to family members no matter the wishes of the testator. In fact, the law of succession is governed by what is called “forced heirship”, meaning that certain family members are entitled to receive part of the will.

If there is no will, legitimate succession will be put into act, appointing the legitimate heirs and what proportion of the will they inherit. Normally, the whole procedure is run by the notary, who is in charge of verifying the validity of the will and, lastly, allocating the portions of the asset.

In conclusion, regarding paying inheritance taxes, the amount of tax may vary: this clearly depends on the value of the property, the relationship between the “owner” and its heirs, etc.


So, if you have to resolve legal, administrative or financial issues while in Italy, make sure you always reach out to a qualified and reliable Italian lawyer, who can best help you even in the most complicated situations.