FINLAND Law and Practice Contributed by: Marja Norrena, Maija Ahtiainen and Valmari Keskimäki, Lieke Attorneys Ltd
Labour Court handles disputes arising from collective agreements, while the Insurance Court handles certain social security matters. The Finnish court system also includes the High Court of Impeachment, which hears charges brought against high-level state officials. The length of legal proceedings can vary significantly between individual courts. In general courts, in par- ticular, substantial delays are not uncommon between the commencement of proceedings and the main hearing. 1.3 Court Filings and Proceedings Court filings and proceedings are generally open to the public. Publicity can only be restricted on statu- tory grounds, some of which the court is required to apply of its own accord, while others require a party to request confidentiality. For example, courts must always ensure the secrecy of information that would likely endanger the external security of the state or cause substantial harm to Finland’s international rela- tions, as well as sensitive information concerning an individual’s private life, health, disability or social wel- fare. In contrast, the court may protect, for example, trade secrets at the request of a party. However, if a document includes trade secrets of a third party, the court should assess confidentiality on its own initia- tive. 1.4 Legal Representation in Court As a general rule, parties are entitled to represent themselves in Finnish courts. In civil proceedings, legal representation is only mandatory in the Supreme Court for matters concerning a complaint based on a procedural error or the annulment of a judgment. An attorney-at-law, a public legal aid lawyer and a licensed legal counsel may represent a client in Finn- ish courts. In addition, in-house legal counsel are entitled to represent their employer in court, provided they hold a Finnish Master of Laws degree, are hon- est and are otherwise suitable and competent for the task, are not bankrupt, and their legal capacity has not been restricted. The same applies to lawyers in the service of a labour market organisation when the case concerns employment or is heard before the Labour Court, as well as to public authorities whose statutory duties include assisting with legal proceedings. There
are also certain types of cases where a law degree is not required for representation in court. Lawyers from other jurisdictions are entitled to prac- tice in Finnish courts, provided they are qualified attor- neys-at-law in a European Economic Area member state or a country with which the European Union and its member states have an agreement on the mutual recognition of attorneys-at-law’s professional quali- fications. There are no statutory regulations in Finland concern- ing third-party litigation funding. In general, third-party litigation funding is permitted in Finland, except for class actions, which may not be funded by third par- ties that are competitors of the defendant or depend- ent on the defendant (see 3.7 Representative or Col- lective Actions , for more information on class actions). 2.2 Third-Party Funding: Lawsuits There are no restrictions on the type of lawsuits that can be funded by third parties, save for the aforemen- tioned exception concerning class actions. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is possible for both the claimant and the defendant. 2.4 Minimum and Maximum Amounts of Third-Party Funding Third-party funding is not subject to any minimum or maximum amount requirements. 2.5 Types of Costs Considered Under Third- Party Funding Typical costs that a third-party funder may agree to fund include legal fees for counsel and expert fees. A third-party funder may also consider funding adverse costs if the claim is unsuccessful. 2.6 Contingency Fees 2. Litigation Funding 2.1 Third-Party Litigation Funding Contingency fees can be used under Finnish law. However, if the legal representative is a member of the
308 CHAMBERS.COM
Powered by FlippingBook