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What it is

Lawyers and court representatives: shared access and mixed firms

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 1 October 2020. Introduced by: Gobierno.

Official title: Government bill amending Law 34/2006, of October 30, on access to the professions of Lawyer and Prosecutor of the Courts, as well as Law 2/2007, of March 15, on professional companies, Royal Decree-Law 5/2010, of March 31, by which the validity of certain temporary economic measures is extended, and Law 9/2014, of May 9, General Telecommunications Law.

Follow this law

Source: Congreso de los Diputados, file 121/000032· updated 11 Nov

Automatic summary, not yet reviewed

  1. A single professional title is created for both professions: the same law degree, the same master's program and the same evaluation. With that title you can join one bar association or the other, but you cannot practice both professions at the same time.
  2. Professional companies will be able to practice law and court representation at the same time, with partners from both professions. Their bylaws must guarantee each professional's autonomy and independence.
  3. Court representatives' fees in a single case cannot exceed €75,000, and the fee system cannot set minimums. A judge can authorize exceeding the limit exceptionally.
  4. Those already registered, or eligible to register, when the law takes effect can practice the other profession if they meet requirements, such as passing the training course and evaluation within two academic years.
  5. Courses and evaluations already underway, and those for the 2021-2022 academic year, continue under the previous system until completed.
  6. The Government must adapt the access regulations by royal decree within six months and reform the court representatives' fee schedule within one year. The law takes effect twenty days after publication in the BOE.

Who it affects

  • People who want to become lawyers or court representatives: they will need the single title and registration with one association only.: New access requirements.
  • Registered lawyers and court representatives: they can access the other profession by meeting the transitional requirements.: New practice option.
  • Professional companies of lawyers and court representatives: they can be mixed and offer defense and representation together.: Change in how they organize.
  • Court representatives: their fees per case will have a €75,000 maximum and no minimums.: New pay limits.

Words worth knowing

Procurador de los Tribunales
A professional who represents parties in court proceedings and acts as a link with the courts.
Colegiación
Registering with the relevant professional association, required to practice.
Arancel
Official list of the amounts a professional may charge for services.
Sociedad profesional
A company formed by professionals who provide a service together, such as a law firm.
Tutela judicial efectiva
The right to go to court and obtain a fair ruling.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced1 October 2020Someone registers the text in the Congreso.
  2. Admitted6 October 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments9 October 2020Groups propose changes.
  4. Committee21 April 2021A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate29 June 2021The Senate can pass it, amend it or veto it.
  7. BOE14 October 2021It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Dec 2020Mar 2021Jun 2021Sept 202111. 1 October 2020: Presentación22. 6 October 2020: Comisión de Justicia Publicación desde 06/10/2020 hasta 09/10/202033. 6 October 2020: Calificación44. 9 October 2020: Comisión de Justicia Enmiendas desde 09/10/2020 hasta 21/04/202155. 21 April 2021: Comisión de Justicia Informe desde 21/04/2021 hasta 15/06/202166. 15 June 2021: Comisión de Justicia Aprobación con competencia legislativa plena desde 15/06/2021 hasta 29/06/202177. 29 June 2021: Senado desde 29/06/2021 hasta 30/09/202188. 30 September 2021: Pleno Enmiendas o veto del Senado desde 30/09/2021 hasta 14/10/202199. 14 October 2021: Concluido - (Aprobado con modificaciones) desde 14/10/2021 hasta 16/11/2021

14 October 2021

How did the plenary vote?

More votes in favour 204 yes · 52 no · 90 abst.

Voted on: The amendments from the Senate are voted on jointly.

Source: Congreso de los Diputados, vote 17 of sitting 124· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc and GPlu. Against, most of VOX. 4 deputies voted differently from their group.

By province: in 33 most voted in favour; in 1, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 33
  • Against: 1
  • Abstained: 3
  • Tie: 15
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
6 in favour
Mixto10
7 in favour · 1 abst. · 2 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc35
35 in favour
GPlu12
9 in favour · 3 abst.
Popular en el Congreso88
86 abst. · 2 did not vote
VOX52
52 against

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 15/2021, of October 23, amending Law 34/2006, of October 30, on access to the professions of Lawyer and Court Agent, as well as Law 2/2007, of March 15, on professional companies, Royal Decree-Law 5/2010, of March 31, extending the validity of certain temporary economic measures, and Law 9/2014, of May 9, General Telecommunications Law

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error