Law is a professional activity that requires active listening and observation of many perspectives. Although it is committed to the individual exercise of the profession, both new lawyers and more veteran lawyers need the same need: collaboration.
In accordance with the meanings contemplated by the Royal Academy of the Spanish Language, “collaborate” can be defined as the work carried out with another or other people to carry out a work or contribute to the achievement of an end. In any case, it is a proactive and enriching action, which allows the sharing of knowledge and experiences.
However, collaboration between lawyers can conflict with other great values of the profession. In fact, independence is a path towards autonomy of decision, indispensable on many occasions for exercise.
At present, in a context marked by a great health, economic and social crisis, numerous questions can be drawn around the cooperation mechanisms that should prevail in the legal profession:
- How should collaboration towards new lawyers be established by veteran lawyers?
- Can collaboration between lawyers be reduced to the fulfillment of mere commercial obligations?
- Should spaces for collaboration be opened with the opposing party’s lawyer at all times?
With regard to the first question, in recent times what was an obligation in the past has been diluted. The 2002 Dentistry Code, already repealed, contemplated in art. 12.2 the following obligation:
“The Lawyer with the longest standing in the professional practice must selflessly provide guidance, guidance and advice in a comprehensive and effective way to those of recent incorporation who request it. Reciprocally, they have the right to request advice and guidance from experienced lawyers, insofar as it is necessary to fully discharge their duties ”.
Probably, from the approval of the new Code of Ethics, the General Council of Spanish Lawyers was able to understand that the possibilities for professional collaboration and cooperation offered by the Official Master’s degrees for access to the profession and the Schools of Legal Practice of the Colleges are the ideal space in which this mandate is fulfilled. But, the collaboration with the new lawyers cannot be reduced to the fulfillment of mere formalities. You just have to look at the relationship between the lawyer and the intern, comparable to the relationship between a teacher and a disciple.
Similarly, and in response to the second question, it is true that collaboration between lawyers can acquire an economic connotation. This relationship can even be agreed in various ways, either through a commercial contract, an employment relationship, etc. Despite this necessary economic aspect, collaboration between professionals who seek to defend the rights of citizenship requires an intense commitment and involvement. Ultimately, if a partner asks you for your help in a polite way, you should give it to them.
Finally, on occasions the defense of totally opposite and distant proposals is maintained with other colleagues. Faced with these complex scenarios, should lawyers allow themselves to be carried away by passion or value spaces for loyal negotiation and collaboration? Undoubtedly, it is an obligation that goes unnoticed, since the leases of professional services are also conditioned to the fulfillment of clients’ objectives. Specifically, art. 11 of the Code of Ethics in force, regarding professional relations between lawyers, orders that violent and conflictive attitudes be avoided, as well as favoring the extrajudicial solution of conflicts and giving preferential attention to the colleague in the office, even in front of the client himself.
In short, collaboration between lawyers is a reality that must be present in the legal profession, beyond the ethical or professional obligations. Ángel Ossorio has already pointed out that “we all mean something personal and our own, and we are all missing in the world.” Today for you tomorrow for me.
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