Professional societies: the simultaneous practice of law and procurement is now possible | Legal

As of next November 13, the date of entry into force of Law 15/2021, of October 23, published in the BOE yesterday, legal professional societies may incorporate attorneys as partners, as well as that the societies of professional prosecutors may incorporate lawyers, each preserving their own competencies, responsibilities and obligations.

That’s right, the new Law 15/2021, of October 23 (which modifies Law 34/2006, of October 30, on access to the professions of lawyer and court attorney, as well as Law 2 / 2007, of March 15, of professional companies, Royal Decree-Law 5/2010, of March 31, which extends the validity of certain temporary economic measures, and Law 9/2014, of 9 May, General of Telecommunications), enables multidisciplinary professional societies the simultaneous exercise of the legal profession and the solicitation to be able to offer and provide a comprehensive defense and representation service.

With this new norm, the aim is to accommodate Spanish legislation to the provisions of European law and specifically to the provisions of articles 15, 16 and 25 of Directive 2006/123 / EC of the European Parliament and of the Council, of December 12 of 2006, relating to services in the internal market, and in articles 49 and 56 of the Treaty on the Functioning of the European Union, which is specified in three specific areas of action. In the first place, the one related to the existence of an activity reserve for the exercise of the procurement. Secondly, that of the prohibition of multidisciplinary companies, which may include prosecution and advocacy, and, finally, the modification of the tariff system.

Multidisciplinary firms

With regard to professional societies, lawyers and attorneys are authorized to join the same professional entity as an exception to the provisions of Law 2/2007, of March 15, on professional societies. This only allows such companies to carry out various professional activities when their performance has not been declared incompatible by legal norm.

However, in order to ensure fairness and independence of the exercise of the respective professional activity, in addition to the incompatibility of the simultaneous exercise of the professions of law and procurement, in accordance with Organic Law 6/1985, of July 1, of the Judicial Power, and Law 1/2000 , of January 7, of Civil Procedure, it is established that the statutes of 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 necessary provisions to guarantee that the professionals who assume the defense or representation of their sponsors can act with autonomy and independence and withdraw from any matter when their impartiality may be compromised.

Saturated market

It is a reform that seeks to boost a saturated market, allowing legal and legal professionals to save costs, offering instead greater flexibility in the organization of both groups, while preserving the role of each of the groups. professionals in a clearly differentiated way.

Ultimately, it will be possible to demand and offer, through a single professional society, the two services required by the defense in court of rights, receiving comprehensive care without any loss of the independence of each of the professionals that comprise it.

The articles are completed with three transitory provisions. The first of them provides for the application of this Law to those who at the time of entry into force of this were already registered or in a position to do so in the associations of lawyers or attorneys, in the latter case complying with the requirements established in this same arrangement. The second of them regulates the situation of those who are taking the training course or pending evaluation at the time of entry into force of the law. The third and last regulates the customs duties of the attorneys in the procedures that were being processed at the entry into force of the law.

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