Diana Klimiuk European Legal Studies Civil Law

The practice of any legal profession in Spain requires : academic qualification: Law degree - La

Facultad de Derecho

Being a member of a professional law association

Main areas of practice of the legal profession

Prevention of disputes

Settlement of disputes

Professions that ensure legal certainty through:

- advice - documentation - registration services

Legal profession practicing in the area of prevention of disputes

Lawyers
(abogados)

Notaries

Property and commercial registrars

Lawyers

legal advice documentation

Notaries

attestation
advisory services

Property and commercial registrars

registers recording important legal acts advice on registers

Professions involved in litigation

- representation of the parties - direction of legal proceedings - decision on disputes

Legal profession practicing in the area of settlement of disputes

Lawyers (abogados)

Court Lawyers (procuradores)

Court Clerks (Secretarios judiciales)

Judges (Jueces y

Magistrados)

Lawyers Court lawyers Court Clerks Judges

Direction to the litigation

Dispute resolution

Representation in the court

Documentation and expediting legal documents

Dispute ruling

Other legal professions: graduados sociales

Dealing with legislative matters special qualification (not necessary a law degree) Member of professional association

Art 436 of the Organic Law on the Judiciary Art 8 of the Lawyers Statute

Advising and defending:

* parties to all kinds of legal proceedings * with regard to administrative bodies, associations, corporations and public agencies of all kind *with regard to any private entity or individual where necessary in the exercise of their functions

Legal advice and counselling

Representation of the client

Spanish national / EU Member Country national / Country that is a party to the 1992 Agreement Creating the European Economic Area Age and to disqualification to practice Spanish / equivalent foreign (and officially approved) degree in law Member of the Colegio de Abogados (Bar Association)

Independent members of a liberal profession Lawyers are not civil servants Free and fair competition Art 1 of the Lawyers Statute Laws/statutes/code of ethics/conduct for the profession

National level > General Council of Lawyers Autonomous Community > the Council of the Bar Associations Province -> district Bar Association

Fixed fee Periodic payments Fees per hour No contingent fees To be fixed between the client and the lawyer Fees are based on the tentative fees set by the Bar Association Free legal aid can be requested by the client

Representation of the rights and interests of the parties in the lawcourts Supervision of the autenhication of the communication between the courts and the parties

Spanish nationality Appropriate age Law degree Title of procurador Registration with the Colegio de Procuradores

The Governing Body of the Colegios de Procuradores

Fixed by the Ministry of Justice

Judges assistance Paperwork for court proceedings Record of the proceedings Information provided for the judges Supervision of the the staff of courts and tribunals

Law degree Competitive examination followed by a course at the training college

Ministry of Justice and the Government Secretaries of each of the higher courts of justice

Notaries (notarios)

Performance of conferring authenticity on documents in private legal transactions Drafting and formalising documents Authentication of the contracts Advising individuals Certification of acts, facts and transactions Issue of the documents required for making registrations in the Property and Commercial Registers

Civil status acts Wills Marriage contracts Contracts in general Declarations and requests by heirs Formation, alteration and dissolution of partnerships and commercial undertaking Loans and recognition of simple, secured an mortgage debts Acquittances and discharges Powers of attorney Protests of bills Declaration of intestate heirs Other legal documents

Notarial Regulation of 2 June 1944: Open competition Spanish nationality Over required age Law degree/doctorate

Ministry of Justice Directorate General for Registers and Notary Services Colegios Notariales Organic Law on the System of Notaries of 28 May 1962 and the Notarial Regulation Royal Decree 1426/1989

Ministry of Justice

General Council (Consejo

General del notariado)

Colegios Notariales (16 in Spain)

Fees for services are fixed by the Government in the Royal Decree 1426/1989 Fees are obligatory Preliminary consultations are free of charge Certain reductions

Degree in law Competitive examination

Classification of the documents for registration Public advise on matters relating to registers Authentication of traders books

- civil servants

Ministry of Justice Directorate-General for Registers and Notary Services Spanish National Association of Registrars

Fees fixed by the State Fees paid by the members of public

Magistrados del Tribunal Supremo (judges of the Supreme Court)

Magistrados (higher court judges)

Jueces (judges)

Highly competitive examination Two years training in the Escuela Judicial de Barcelona
25% of the places are reserved for lawyers with at least 10 years experience 20% of the places are reserved for lawyers with at leat 15 years experience (magistrados)

No fee for this State service Exception: the case of legal persons with a turnover above a certain level
Nonetheless, litigants must pay the fees of lawyers, court lawyers etc

Public Prosecutors are civil servants Law degree Competitive examination Fiscalia General del Estado

Supervision of the judicial function Criminal and civil actions which arise as a consequence of criminal offences Action in criminal and civil proceedings Supervision of victim protection and others

The right to practice fir an indefinite period of time with the qualification obtained in the country of origin with the possibility to incorporate into the profession after three years of practice Recognition of the professional qualification obtained in the country of origin

Qualifications to be officially recognised Application for a dispensa legal de nacionalidad (exemption of the grounds of nationality)

Consejo General de la Abogaca Espaola http://html.rincondelvago.com/abogacia-en-espana.html http://www.aprendemas.com/Noticias/DetalleNoticia.asp? Noticia=5667 http://www.ec.europa.eu/civiljustice Riob, E., Colegiarse ya no ser suficiente para ejercer la profesin de abogado, Mastermas Reportajes, December 2008 Barcia Lago, M., Abogaca y ciudadana. Biografa de la abogaca ibrica - Dykinson, 2008 Juaniz Maya, J., R., La abogacia en Espaa, EL PAIS, 5th July, 2007 http://www.abogacia.es/portalABOGADOS/printPortal.do? urlPagina=/S007007001/es_ES.html&capaActiva=encabez ado5&false

Merry Christmas and a Happy New Year!