Friday, August 3, 2012

Access to the Profession of Lawyer and Attorney


This Act in its final provision states that enter into force five years after its publication in "Official Gazette", ie October 31 2011.El enabling new model will start the year next, in 2012, so that the first batch of law graduates who is affected by this Act shall be the end of his university studies in the 2011-2012 academic year starting next October.

The main purpose of the law is to improve the professional training of lawyers and solicitors, in order that citizens are guaranteed a consulting, legal defense and a quality technical representation as essential to the exercise of the fundamental right to protection effective judicial.

However it has not been without controversy, first basing its supporters to leave the school who is unable to exercise, there is little preparation and this will ensure a quality legal services. Then there are the law students who claim that it is a discriminatory law where the wording is not enjoyed the view and hearing the students, who are really interested, since it will be the future lawyers and solicitors , depending unfair because if you get the degree before October 2011 can pay colegialización and be exempt from examination and course, assuming that the payer is qualified to practice, that the spirit of this law is to improve quality, because This would be enough to improve the quality of education with a curriculum in line with market practices and subjects more adapted to the reality of the law, being a law that favors the law schools and universities as they will raise money on courses

To obtain the professional title of lawyer or attorney of the courts are required to comply with the following requirements:

a) Hold a degree in Law, Diploma in Law or other equivalent university degree which meets the requirements of Article 3 of this regulation.

b) Accreditation of overcoming some of the comprehensive training of all the powers necessary for the exercise of professions in the terms provided in these rules. The new master will Bologna 60 credits (European Credit Transfer System or ECTS), which account for about 600 hours more than 900 other personal work. This postgraduate course will last for one academic year. Aspiring lawyers must pass a master to take a practical approach to law which may be offered by public or private universities in the framework of the teachings for obtaining a university official master, even combining credits from different plans studies Official postgraduate degrees, which facilitates specialization on the practice of law schools created by law schools and approved by the General Bar Council or jointly by the universities and schools of legal practice.

c) Training:

Develop a training period of practice in activities related to the practice of law or in activities of procurement, in law firms, legal services companies, NGOs, associations, etc., or public administration, public notaries and the like.

The practice should be half the training content of training courses. They will be supervised by attorneys or attorneys who have practiced law for at least 5 years.

During the placement, the aspiring lawyer may not have a contractual relationship, but the regulation leaves open the possibility that perceived or not some kind of retribution in another concept.

d) Pass the final assessment test proving the respective training.

Evaluations for access to law and seeks access to be unique and identical for each profession throughout the Spanish territory but was held simultaneously in different cities, at least once a year and will be aimed at testing the practical training sufficient for professional practice. Shall be convened by the Ministries of Justice and Education at least annually. In every community there will be an independent evaluation committee whose members are appointed by the Ministries of Justice and Education.

The first part is a battery of test questions to be predatory, and second, to be held the same day will consist of a case study. But if he passes the first will not be corrected or exceed the second test. There will be no grades, so that applicants will only get a fit or unfit. Those suspended will have to wait for the next call,

You can see the Law: Law 34/2006, of October 30, access to the professions of Barrister and Solicitor of the Courts

Author: M ª Dolores Ortiz

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