Already in BOE reform lawyers act as attorneys

Today, October 25, 2021, the Law 15/2021, of October 23, which modifies, among others, the Law 34/2006, of October 30, on access to the professions of Lawyer and Court Attorney.

Although it will enter into force 20 days after its publication in the BOE, in general terms, the reform comes to accommodate Spanish legislation to the provisions of European law and specifically to the provisions of the arts. 15, 16 and 25 of Directive 2006/123 / EC of the European Parliament and of the Council, of 12 December 2006, on services in the internal market, and in arts. 49 and 56 of the Treaty on the Functioning of the European Union, which is specified in this Law that affects the following three specific areas of action:

Activity reserve for the exercise of the procurement

The activity reserve for the exercise of the procurement is made more flexible and It enables lawyers to act as attorneys assuming the technical representation of the parties and developing the rest of the functions that are proper to the search for cooperation and assistance of the Courts. Of course, in no case can the simultaneous exercise of the legal profession and of the solicitation.

The minister, Pilar Llop, receives the official portfolio of the ministry from the hands of her predecessor, Juan Carlos Campo. (Photo: EFE)

To make the above possible, the aforementioned Law 34/2006, of October 30, is modified, subjecting the sole access to the legal profession and procurement under the following conditions: a same academic title (law degree or degree) and a same training (the same master) for both professions, in such a way that, those who pass the evaluation, may indistinctly practice law or solicitation with no other requirements than membership in the professional association. That is to say, the same qualifying title is established for the exercise of two different professions in the well understood sense that the functions of the procurement they must be separated of the proper function of the legal profession because that redounds to the benefit of the Administration of Justice.

In short, the reform is strictly subject to the provisions of the art. 23.3 of Law 1/2000, of January 7, on Civil Procedure, and in arts. 542 and 543 of Organic Law 6/1985, of July 1, on the Judicial Power, of which it turns out that it continues to be incompatible the simultaneous exercise, by the same natural person, of the repeated professions of law and procurement.

Possibility of joining multidisciplinary companies

The reform encourages lawyers and attorneys to join a same professional entity as an exception to the provisions of the Law 2/2007, of March 15, on professional societies, which only allows professional societies to carry out various professional activities when their performance has not been declared incompatible by legal norm

Despite the foregoing, in order to guarantee the impartiality and independence of the exercise of the respective professional activity, it is established that the statutes of the professional companies whose corporate purpose consists of the provision of comprehensive legal services of defense and representation will contain, in accordance with what the deontological standards of the respective professions prescribe, the provisions necessary to ensure that the professionals who assume the defense or representation of their sponsored can act with autonomy and independence and withdraw from any matter when its impartiality may be compromised.

Ultimately, with this regulatory amendment, legal professional societies will be able to incorporate prosecutors as professional partners, just as legal professional societies will be able to incorporate legal professionals, each preserving their competencies, responsibilities and own obligations.

In particular, according to the explanatory memorandum of the Law published today, it seeks to “energize a saturated market, allowing save costs to lawyers and prosecutors, offering instead greater flexibility in the organization of both groups, while preserving the role of each of the professionals in a clearly differentiated way “. Thus, from now on it will be possible to sue and offer, through a single professional society, the two services required by the defense in court of rights receiving a comprehensive care without any reduction of the independence of each one of the professionals that constitute it.

Modification of the tariff system

The third block of the reform affects the only additional provision of the Royal Decree-Law 5/2010, of March 31, which extends the validity of certain temporary economic measures.

In particular, the new regulations leave behind the model that is still in force, which focuses on the existence of tariffs. minimums mandatory and bet on a system of tariffs maximums The development and implementation of which will form part of the royal decree that, in due course, will reform the one currently in force, Royal Decree 1373/2003, of November 7, approving the tariff of rights of court attorneys.

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