In the Boe of 8 March, the new Royal Decree has been published, which amends that the Regulation of the Law on access to the professions of lawyer and court attorney, of 30 October 2006, which established the need to a professional qualification that goes beyond a university degree alone, both for the attainment of the professional title of lawyer and the professional title of solicitor.
The new rule states that in order to gain access to both professions, the following must be done training courses which will have to include a period of external internships and pass an evaluation afterwards.
The new Royal Decree approved reforms the existing rule, in order to that the test consists only of a written part of answers or multiple-choice questions with theoretical questions and case studies on real-life situations that will confront the future lawyers and solicitors.
With this regulation, a system is guaranteed that will allow the assessment of compulsory theoretical-practical training, which will benefit applicants by allowing for greater agility in the final qualification and, therefore, in obtaining the necessary qualifications to practice the profession for which they have been trained, according to government representatives.
Now, with the new wording, the weighting percentages between the qualification obtained in the training course and that obtained in the final assessment are reconsidered, so that the latter is not the only means of assessment, but forms part of a set of successive assessments.
The text establishes that the final grade will be the weighted average of 70% of the grade obtained in the assessment and 30% of the grade obtained in the training course received. Prior to this reform, the theoretical-practical test represented 20%.
The text of the resolution is as follows:
"Law 34/2006, of 30 October, on access to the professions of Lawyer and Court Attorney deemed it necessary to acquire a professional qualification beyond the mere acquisition of a university degree, both for the attainment of the professional title of lawyer -necessary for the performance of legal assistance in those judicial and extrajudicial proceedings in which the current regulations impose or authorise the intervention of a Lawyer and, in any case, to provide legal assistance or legal advice using the title of lawyer-, as well as for the professional title of Court Attorney - essential to assume the procedural representation of the parties in legal proceedings, as well as to use such title.–.With the aim of achieving a coherent system of assessment of professional aptitude, which allows the compulsory theoretical-practical training to be assessed with absolute objectivity, and which at the same time benefits the candidates, allowing greater flexibility in the final qualification and therefore in obtaining the necessary qualifications to practice the profession, and entailing the lowest possible costs, it has been considered appropriate to replace the format of the two-part test with a single written test of multiple answers or answers with theoretical questions and practical cases on real situations that future lawyers and solicitors will be faced with. This ensures that the issuing of professional qualifications is based on the sufficiency of the knowledge, aptitudes and competences of the applicants.
It has also been considered appropriate to reconsider the weighting percentages between the qualification obtained in the training course and that obtained in the final assessment, so that the latter is not the only means of assessment, but rather, as stated above, forms part of a series of successive assessments during the period of theoretical and practical training to ensure that future lawyers and solicitors have acquired the necessary knowledge to prepare them for the practice of these professions.
This Royal Decree is issued under the same State powers that underpin Law 34/2006, of 30 October, and in accordance with the provisions of the second final provision of the aforementioned law, which empowers the Government, the Ministries of Justice and Education and the other competent ministerial departments to issue as many regulations as are necessary for its development and implementation. The General Council of Spanish Lawyers, the General Council of Spanish Court Attorneys, the Council of Universities, the General Conference on University Policy and the Ministry of Finance and Public Administrations have been consulted in its processing.
In view of the foregoing, at the proposal of the Ministers of Justice and of Education, Culture and Sport, in agreement with the Council of State and following deliberation by the Council of Ministers at its meeting of 7 March 2014,
PROVIDES:
Sole article. Amendment of Royal Decree 775/2011, of 3 June, approving the Regulations of Law 34/2006, of 30 October, on access to the professions of Lawyer and Court Attorney.Royal Decree 775/2011, of 3 June, approving the Regulations of Law 34/2006, of 30 October, on access to the professions of Lawyer and Court Attorney, is amended as follows:
One. Paragraph 3 of Article 17 shall read as follows:
"3. The assessment shall consist of an objective written test of theoretical-practical content with answers or multiple answers".
Two. Paragraph 2 and 3 Article 20 shall read as follows:
"2. The final grade shall be the weighted average of 70% of the grade obtained in the assessment and 30% of the grade obtained in the training course regulated in Article 4.
3. Each applicant shall receive the mark individually and anonymously.".
Sole final provision. Entry into force.
This Royal Decree shall enter into force on the day following its publication in the Official State Gazette.
Given in Madrid, on 7 March 2014."
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