Danish Lawyers and the Confederation of Danish Industry (Dansk Erhverv) are publicly criticizing the government for its slow pace in reforming the Official Legal Advisor (Kammeradvokat) system, a matter outlined in the government’s 2022 foundation document. These organizations are urging the government to make a decision before the summer holidays, expressing concern that inaction could jeopardize the potential for significant reform.
The core issue stems from the government’s 2022 commitment to reassess the Official Legal Advisor system, which has been in place since 1936. An expert group presented recommendations months ago suggesting a break from the existing system in favor of a more competitive model, potentially involving a government attorney and allowing more law firms to participate. However, the government has yet to act on these recommendations, leading to frustration from industry stakeholders.
Karsten Lauritzen, CEO of Danish Lawyers, emphasized the need for a prompt decision, highlighting that the government itself initiated the expert committee’s work. Morten Langager, director of the Confederation of Danish Industry, echoed this sentiment, stressing the importance of seizing the current opportunity for reform with a broad government. Both organizations fear that further delays, possibly due to an early parliamentary election, could derail the entire process.
The debate centers around the Official Legal Advisor’s near-monopoly on providing legal services to the state, a role that resulted in a turnover of DKK 680 million in 2023. Critics argue this system lacks competition and may give the Official Legal Advisor an unfair market advantage.
The expert group’s recommendations include establishing a government attorney and opening up opportunities for other law firms to compete for state legal work. However, the government faces potential risks, including disruptions to the security of supply and the lack of data guaranteeing cost savings from a system overhaul.
Despite these concerns, the business organizations believe increased competition would benefit the state by lowering overall costs and improving the quality of legal services. They also noted that the Official Legal Advisor has removed its controversial name from the central business register, now officially operating as Poul Schmidt, although the name Kammeradvokaten remains in public use.
In response to the criticism, Finance Minister Nicolai Wammen stated the government’s desire to create increased competition for the state’s legal advice, while ensuring that any decisions are based on a solid foundation and take into account security of supply, quality, and economy. He affirmed that the government is actively working on the matter.