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lo27004006 Law 48/2014, 18 December, in the exercise of the profession of lawyer and of the Association of Lawyers of Andorra law 48/2014, 18 December, in the exercise of the profession of lawyer and of the Association of Lawyers of Andorra since the General Council at its session of 18 December 2014 has approved the following : Law 48/2014, 18 December, in the exercise of the profession of lawyer and of the Association of Lawyers of Andorra preamble the Manual Digest, written in 1748 by Antoni Fiter i Rossell, contains numerous references to lawyers as people knowledgeable of the law, which testifies to the fact that for centuries they exist and intervene in the Andorran judicial system , and that they do it as a legal science and technology specialists. By way of example, the chapter VI of book II States that "for best estas Consultes [...] will be very Combenient, qe. quiscun of the Magistrates have a 3 Atbocats friends men of integrity, of Ciencia y Conciencia, ab los which, and that difficult for las Causas literature of Magistrates, it would be impossible, that these may Eixirne; […] separately the demanantlos Cause you opinion, and they found it in the Selected Writings enque injustices Caussa ab a ab Consultarla Atbocat, in another on the same way of course, that this Thing of senor Atbocat, and other query should be uniform on the substance without opinion polls, los los declaran Magistrates month Consultes; but in the case of discordar los dos Questions of lawyers in Substance, it will Consult the cause with a third atbocat, no he sepia Thing of other queries, on the same way, and then declared him Mayor arrimantse to declare which of the 3 have agreed to two lawyers allo ".
The need of the intervention and the performance of lawyers in criminal justice is established for the first time in the Principality of Andorra under the Decree of the veguers of 30 December 1975, which are seen as advocates of law and justice. Shortly after, on 10 April 1976, the veguers passed Decree on criminal procedure, with the aim of developing the principles contained in the regulations of the existing criminal justice until then and translate them into complete procedural rules. In chapter IV of the preliminary title of the normative text, titled "attorneys", regulate the basic conditions of exercise of lawyers in Andorra before the criminal courts. Subsequently, the procedural rules of the Decree on the criminal procedure of 10 April 1976 they rehash and update in accordance with the Decree of the code of criminal procedure of 18 January 1984 and of the Decree of the criminal procedure code of 16 February 1989, which since then has become the object of successive modifications.
However, the qualified law on modification of the code of criminal procedure in force, of 10 December 1998, continues dedicating the chapter IV of the preliminary title lawyers, with a pretty content close to the Decree of 10 April 1976, without prejudice to modifications specific materials. There are appropriate requirements of nationality or of residence, and also of membership dues, in order to exercise in front of the criminal courts; the intervention of the Court of Justice and the public prosecutor's Office in order to give their final discharge a lawyer at the College of lawyers of Andorra; the obligation to respect the professional secrecy, and the regulation of the defence of trade and free in front of the criminal jurisdiction.
At the same time, on 14 April 1976, on demand of several Jurists, the General Council approved a decree that formally recognized for the first time the liberal practice of the profession of lawyer, and establishes the requirements to be able to exercise their activity. This Decree echoes the importance of the functions which are legal professionals had played up to that time, and regulates access to and the exercise of the profession of lawyer in order to ensure the technical knowledge, moral values and the quality of service they provide. As it is clear from this policy, in order to exercise the profession had to obtain the prior authorization of the General Council, linked to compliance with the appropriate requirements in terms of qualifications, of good conduct and of residence in the Principality of Andorra. Subsequently, this regulation was completed by means of a decree on the exercise of liberal professions in the Principality of Andorra, approved by the General Council on July 6, 1977, which defined the concept of liberal profession and regulated with general access to and the exercise of those professions in Andorra. On the other hand, on 1 September 1982, the Executive Board authorized the establishment of the College of lawyers of Andorra and approved the statutes, which since then have made the object of several modifications.
The Decree of 4 February 1986 veguers, which was enacted in order to adapt and update the laws of civil procedure also contains specific provisions in relation to the intervention of lawyers in the civil process, in particular with regard to the fees and the way how they have to present the writings.
But it was not until after the approval of the Constitution, by virtue of the law of Justice, on 3 September 1993, that the lawyers were erected in cooperators of the administration of Justice. The second chapter of title VII of the qualified law of Justice governs the scope of the assistance and literacy intervention before the courts andorrans, and establishes some rights and duties inherent in the exercise of the profession, although succinct form. In particular, articles 97 and following of the law of justice relates to the principles of freedom and independence, to the professional secrecy and to the compulsory registration at the College of lawyers of Andorra in order to act before the magistrates and the courts, unless acting in defense of the general administration.
Since then and up to the approval of the law 6/2008, May 15, on the exercise of liberal professions and educational institutions and professional associations, the set of legal regulations referred to above have set up the regulatory framework applicable to the exercise of the profession of lawyer in the Principality of Andorra. Law 6/2008, which meanwhile has been amended by law 10/2012, June 21, foreign investment in the Principality of Andorra, and by law 26/2013, of 19 December, on the modification of the law 6/2008, although it has allowed us to provide the most comprehensive regulation of a legal system and modern liberal professions, and adapt it to the European framework in the field of qualifications , does not answer, as a result of reach to the specificities of the profession of lawyer. In this regard, several provisions, such as in the area of the incompatibilities, of professional secrecy and mandatory benefits, law 6/2008 makes reference to the specific law of each profession.
Thus, the generic regulation in some cases partial and scattered, and in other cases, it is necessary to promote a law that defines joint and detailed form, on the one hand, the content and the functions of the profession of lawyer; the scope and the modalities of action and intervention; the requirements of access to and exercise of the profession; the duties, the obligations and the rights that are inherent; and the disciplinary regime itself and adapted to the characteristics of the legal profession, and on the other hand regulates widely the object, the purposes and powers of the Association. All this taking into account relevant social function that involves the exercise of the legal profession and the public interest associated with the functions that the lawyers are assigned to and the services they provide, closely linked to the exercise of the rights and fundamental freedoms.
In effect, the lawyers intervene effectively and decisively in the task of imparting justice and contribute, therefore, to the realization of the right to the jurisdiction that enshrines the paragraph 1 of article 10 of the Constitution. Equally, the Supreme rule recognized in the sections 2 and 3 of the same article the right to defence and to the assistance of a lawyer, and the right to free justice when necessary to guarantee the principle of equality. So, in ressurt that the function they wield and the services they provide are lawyers are deserving of a specific law and own the content base and offer a sufficient regulatory framework to that effect.
This law is broken down into thirty-three articles, divided into four chapters, two transitional provisions and final provision. The first chapter, devoted to General provisions, defines and lists the functions of the advocate, which is configured as a free and independent professional who provides a service to society in public interest. The name of lawyer is reserved for people who are registered in the official school of Lawyers of Andorra as members exercents, and establish the principles that should govern its performance; namely: the freedom, independence and the free and loyal competition. It also regulates the field of action of lawyers, with express mention of the activities exercised exclusively, which are the activities of management and legal advice, defense or representation of the parties in the administrative and judicial procedures, without prejudice to the concurrent functions of attorneys; and the activities that they can play in a shared. Finally, reference is made to the intervention and the replacement of the lawyer.
The second chapter regulates the official College of lawyers of Andorra, which is defined as a corporation of public law and professional character to the service of Justice and of their associations, with legal personality and full capacity to act for the fulfillment of its purposes. Establish the principles of operation of the school, and enable to adopt appropriate rules of self-regulation of the Corporation and of the profession, without prejudice to the authority of the Government to control its legality. Next, you define the object and the purposes of the Association, and fix the requirements for licensing, distinguishing the requirements of associations exercents and those that are not. While in the latter case it is sufficient to be in full possession of the civil and political rights, and have the appropriate qualifications, in the case of the ones registered exercents required complementary requirements meant to ensure good conduct and the technical training of lawyers, such as the absence of criminal records, the inexistence of causes of incapacity or incompatibility, and the obtaining of the certificate of aptitude for the exercise of the profession. In this sense, are listed the cases of disability and the aforementioned incompatibility, as well as loss of the status of Member. Ultimately, regulate the governing bodies of the Association are the General Assembly and the Board of Directors.
The third chapter refers to the exercise of the profession and describes in detail the duties, the obligations and the rights of lawyers. It also has an impact on the modalities of exercise of the profession, individually or through professional civil societies of lawyers. Then defines the conflict of interest and the duty of abstention that falsehood stems, as well as the advertising of professional services, which must be carried out with respect for the dignity of the profession and avoiding unfair competition or illegal. Finally, it regulates the operation and the regime in the area of fees that falsehood stems for the defence and support of literacy and free of charge.
The fourth chapter is devoted to the regime of responsibility. Beyond the civil and criminal responsibility of lawyers in the exercise of their profession, establishes the disciplinary responsibility of associations exercents and exercents not, for acts that perform or omissions incurred in the exercise of the profession, or that violate the duties and obligations contained in the law, the articles of Association or the rules and uses, as well. Next will determine who and how is disciplinary, and lists the rights of the Member who is the subject of a disciplinary procedure. It also regulates precisely the development of disciplinary procedure and the interim measures that can be adopted. It will then review and was broken down the professional offences on the one hand, and boys on the other hand, as well as the penalties that are associated with. It also notes the prescription of infringements and penalties mentioned, the graduation of these sanctions, the extinction of the responsibility and the annotation procedure and sanctions, as well as the rehabilitation.
The law follows with two transitional provisions relating to the approval of the new by-laws of the Association and its subsequent registration, and in the vicissitudes arising from the new certificate of aptitude for the exercise of the profession. In this sense is precisely what are the people that should be eximides, the deadline in order to approve the regulation determined by the requirements for this certificate, and diploma that meanwhile replaces this certificate. Finally, the law concludes with a final provision that fixes the date of the entry into force.
Chapter first. General provisions Article 1 definition and functions of counsel 1. The lawyer is a free and independent professional who provides a service to society in public interest.
2. The lawyer exercises his profession by applying science and technology to achieve the legal effectiveness of the rights and fundamental freedoms, to find the solution of the conflict between individuals, between the latter and the public administrations, and between the public administrations, and also to contribute to the improvement of Justice.
The lawyer carries out its activity by means of the Council and the conciliation Court, or with the exercise of the relevant actions in front of the administrative bodies or courts.
3. Are lawyers and in this name the people who are duly registered as members of the exercents Association of Lawyers of Andorra.
4. In the exercise of their profession, the lawyer is subject to the Constitution, the law, the statutes of the Association and to the rules and uses that make up the professional codes of the profession.
The rules and the uses mentioned above constitute the code of conduct and high ethical standards specific to the lawyer, and are intended to ensure the good implementation of the functions that you have assigned to it.
Article 2 principles of freedom, independence and free and loyal competition 1. With the limitations established by law, the articles of Association and the rules and uses as well, the lawyer carries out its professional activity with full independence and freedom of judgement, opinion and decision, in order to accept a Commission or not, or to withdraw it when it deems appropriate, all in order to avoid causing a damage or vulnerability of the client.
2. The lawyer exercises his profession in free and loyal competition with the other lawyers, and should apply at all times the rules of respect, courtesy and consideration due, in accordance with the law, the articles of Association and the rules and uses, as well.
Article 3 exercise and scope 1. The lawyer acts as the professional activities that have assigned exclusively by the law and, in particular, protects the rights and freedoms as Director, legal counsel, representative or advocate of the interests that have been entrusted by the customer.
Also exercises other functions or provide the services that you are entrusted in its status as a cooperator of the administration of Justice.
2. The lawyer plays exclusively the professional activities of advice or legal advice and direction, defense or representation of the parties in any judicial or administrative procedure, without prejudice to the functions attributed equally to the attorneys in the matter of representation.
3. The lawyer may also exercise the professional activities of consulting, processing, management, administration, representation, negotiation, contract, mediation, advocacy, consultation, study and issuance of reports or reports relating to any legal business, transaction, transaction, right or interest, or any other activity related to the applicable regulations and their interpretation, in all areas of law.
Article 4 replacement and Intervention of counsel 1. The professional work of the lawyer in any proceedings and in front of any jurisdiction is mandatory when you foresee their compliance laws.
2. The specific representation with which the lawyer is involved in a procedure is credited by empowerment or designate enough, granted in accordance with the legal provisions.
3. The relationships between the lawyer and the client are governed by the provisions contained in the laws, the statutes of the Association, the rules relating to contracts of lease services and mandate, and the other rules and the uses that are enforceable.
4. The lawyers can be replaced, in the exercise of their profession, by another lawyer, with the simple acceptance of the client, except for cases in which you need a new attorney or sufficient means, in accordance with the law.
5. Without prejudice to the have the Statute of Association and the rules and uses tools in this matter, the lawyer who defended the termination or the representation of a client is forced to return to the client or to the new lawyer documentation that is in their power as soon as possible and, in any case, within a maximum period of fifteen calendar days since it is required formally to this effect , and also to facilitate the new lawyer the information necessary to continue on the effective exercise of the defence or the representation of the client.
Second chapter. The Association of Lawyers of Andorra Article 5 General provisions
1. the Association of Lawyers of Andorra is a corporation of public law and professional character to the service of Justice and of their associations, with legal personality and full capacity to act for the fulfillment of its purposes.
2. The Association of Lawyers of Andorra is governed by this law, its statutes and internal regulations, and the remaining should be linked to government ministries competent in matters of Justice, titled professions and professional bodies, as well as with other public administrations when appropriate, for their professional activities.
3. The functioning, structure and organisation of the College are governed by the principles of autonomy and internal democracy.
4. your territory is the Principality of Andorra.
5. Without prejudice to the provisions of the following section, the official College of lawyers of Andorra may adopt, in accordance with this law, the rules of self-regulation of the Corporation and of the profession in all areas of its activity.
It also is empowered, in accordance with this law, to provide the ethical standards necessary to preserve freedom, independence, the free and loyal competition, the dignity of the profession and the professional secrecy, as well as to prevent the conflict of interest, the infiltration and the irregular professional activities.
6. The articles of Association approved and its modifications should be sent to the Government because in terms the adaptation to the legality, in the available registration in the corresponding section of the register of qualified Professionals, schools and professional associations, and order the publication in the official bulletin of the Principality of Andorra.
The articles of Association and their amendments enter into force as of the publication in the official bulletin of the Principality of Andorra.
7. The Government determine the regulatory regulation of the access to the professional, through the establishment of the necessary requirements to obtain the certificate of aptitude for the exercise of the profession of lawyer.
In any case, the certificate of aptitude for the exercise of the profession of lawyer should be linked to the achievement of a level 4 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government, and issued in the Principality of Andorra or abroad as determined by the regulations.
Article 6 Object and purposes 1. The Association of Lawyers of Andorra has as its object the regulation and the regulation of the practice of the professional activities of lawyers in any of its forms, and also the safeguarding of its ethical and deontological principles.
2. The Association of Lawyers of Andorra brings together professionals who have or may exercise the profession of lawyer in the Principality of Andorra, with the following purposes: a) Represent exclusively the profession and to defend the rights and professional interests of its members.
b) to propose, approve and implement the decisions necessary for the proper development of the exercise of the profession.
c) to ensure that the practice is in accordance with this law, the statutes of the Association and to the rules and uses as well, so that they respect the rights and the interests of the recipients of the professional performance.
d) watch over so that members can exercise their profession in accordance with the principles of freedom, independence and free and loyal competition and, in particular, that do not occur acts of infiltration and illegal exercise of the profession, and irregular professional activities.
e) complying with and enforcing the legal provisions governing bodies and that the profession of any kind, as well as statutory and other rules and the uses that are enforceable, and to ensure the observance of the rules and the decisions taken by the governing bodies of the Association on matters of their competence.
f) Cooperate actively in the smooth operation and improvement of the administration of Justice.
g) Collaborate with the other public administrations and organizations, corporations, and agencies, and public or private national or foreign, in the study of law and legal science and in their effective implementation.
h) to promote the progress of the legal sciences, the perfecting of laws and other legal regulations, the rule of law in the relations between people and in social relationships, and the good administration of Justice.
and Facilitate the use of arbitration) in private law, mediation and the composition as a means for the resolution of individual disputes between individuals or groups.
j) report on the legislative initiatives that concern him the exercise of the profession, when he requires within the sphere of its powers.
k) ensure, organize and manage the defence and technical assistance by means of literacy shifts and corresponding guard, in accordance with the laws or regulations that may apply, as well as any other service or legal provision that is expected in general interest or in accordance with the social function that involves the exercise of the profession of lawyer.
the) maintain and foster feelings of solidarity and Union among associations and relations of respect and cooperation between the latter and with the administration of Justice.
m) to promote and facilitate the doctrinal and practical legal education of members, and, if applicable, of the students of the law.
n) Approve the rules that direct in terms of fees that must be applied in the absence of agreement between the lawyer and the client, and also in the case of conviction in coasts.
o) Issue reports that request the jurisdictional bodies in the incidents on fees, resolve appeals and evacuate the consultations made and issuing judgements and arbitral awards, prior or subsequent to the issuance of the minutes, at the request of members or customers.
p) Approve their budgets and to regulate and fix the contributions of the members.
q) exercise control of ethics and disciplinary function and, if necessary, impose appropriate sanctions in accordance with this law, while respecting the principles of contradiction and audience.
r) perform the other functions that correspond, as long as they are related to the purposes of the profession in general, and of the Association or associations in particular.
Article 7 requirements for licensing
1. the Association of Lawyers of Andorra has two licensing regimes: with professional practice as a registered member and without professional practice as a member not registered. All are full members of the Association, without prejudice to the rights and duties deriving from each of the two licensing schemes.
2. To be admitted to the Association it is necessary, in any case, meet the following requirements: to) Be in full possession of the civil and political rights. In the case of national non-andorrans, the estate is understood to have referred to their countries of origin.
b) be in possession of a level 2 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government.
3. People who want to practice the profession of lawyer should show as exercents members. Is meant by "professional" the provision, usually paid, of the services of assistance, advice and legal defence of the rights of aliens and, in particular, the exercise of the activities set out in paragraphs 1 and 2 of article 3.
4. to be admitted to the College as a registered member you must meet, in addition to the requirements set forth in paragraph 2 of this article, the following requirements: a) not being convicted of major crimes, while wrongdoing has not been produced by the cancellation of criminal records, or in the Principality of Andorra or abroad.
b) not be inability to exercise the profession, to attend any of the circumstances set out in article 8.
c) not be included in any of the causes of incompatibility for the exercise of the profession set out in article 9, or prohibit the exercise of the profession.
d) Obtain the authorization to exercise the profession entitled to part of the Government.
e) be in possession of the certificate of aptitude for the exercise of the profession of lawyer delivered by the Association.
f) have been admitted to acting in front of the Andorran courts, according to article 10 of the law for the modification of the code of criminal procedure.
5. Without prejudice to the provisions of the previous sections, the admission at the College as a registered member cannot be effective until the person concerned has opened a professional Office or firm, or incorporated in a professional Office or already open, that guarantees freedom and independence in the exercise of the profession.
Article 8 1 Disability. Are circumstances that make for the exercise of the profession of lawyer: a) The physical or mental impairments that by their nature or entity prevent the fulfillment of the functions assigned to the lawyers.
b) The disqualification or suspension in the exercise of the profession of lawyer, by virtue of a judicial, administrative or schoolboy firm.
c) the expulsion of the Association by a resolution schoolboy firm.
2. The disabilities disappear when you terminate the causes which have motivated or when it has expired the corresponding disciplinary or criminal responsibility.
Article 9 Incompatibilities 1. The exercise of the profession of lawyer is incompatible: in) With the exercise of the responsibilities of the head of Government; speaker or Deputy Speaker general; Member of the Superior Council of Justice; a member of the Government; Consul higher or lower; Secretary of State; Secretary general of the Government, the General Council, the Higher Council of Justice or common one; Head of the head of Government; auditor-general of the Government or a common; Director of an autonomous body or a company; Batlle; magistrate; Attorney general, and Assistant Prosecutor.
b) with the provision of services in statutory or work on behalf of the public administration, the administration of Justice, and also of the Superior Council of Justice.
c) With the exercise of the profession of solicitor.
d) in other cases in which it established the laws or international treaties that form part of the Andorran legal system.
2. If the Attorney incurred in any of the causes of incompatibility laid down in the previous section, you must communicate in the briefest period possible in the Board of Directors of the Association and must cease immediately the situation of incompatibility.
3. If the Board of Directors of the Association is aware that a lawyer exercises the profession in a situation of incompatibility, you must require so that regularitzi your situation within a period of fifteen days, without prejudice to any disciplinary responsibilities that may arise.
If you do not do so, the Board of Directors decides, by means of a reasoned decision, the suspension of the lawyer in the exercise of the profession and, once the decision has become firm, it communicates to the Superior Council of Justice and the presidents of the Court of Batlles, the Court of Corts and of the Superior Court of Justice.
The Governing Board cancels the suspension when the lawyer certifies that it has ceased the situation of incompatibility.
4. In the event that the lawyer exercising simultaneously other professions or activities, you have to respect the duty of assistance to the Council and to the courts when it is cited to this effect.
Article 10 applications for membership dues and affiliation and termination 1. Corresponds to the Board of Directors of the Association to resolve on the applications for membership dues. The decision has been taken by a grounded decision.
2. The Governing Board may not refuse the membership dues as members do not exercents or exercents of the people who meet the requirements established by respectively paragraphs 2 and 4 of article 7.
3. The Secretary of the Association must notify the ups and downs that occur at school to the Ministry in charge of the professional associations, the Superior Council of Justice and the presidents of the Court of Batlles, the Court of Corts and of the Superior Court of Justice.
Article 11 loss of status as a member of the 1. The status of Member is lost, with the consequent immediate termination of the Association, in the case of: a) the death of the Member.
b) voluntary resignation of the Member.
c) expulsion from the Association by a resolution schoolboy firm.
d) repeated failure of payment of the fees of the Association, if they anticipate the bylaws of the College, regardless of disciplinary violation provided for in the letter b) of paragraph 3 of article 26. However, the payment of outstanding dues of the Association should lead to the immediate rehabilitation of the high schoolboy.
2. The person is disabled for the exercise of the profession of lawyer, by virtue of a judicial, administrative or schoolboy firm, loses the status of a registered member, but can be registered as a non-practising member of the request if it is to fulfil the requirements laid down in paragraph 2 of article 7.
3. The Board of Governors of the College decided the loss of status as a member, through a grounded decision that, once it has become firm, must notify the Ministry in charge of the professional associations, the Superior Council of Justice and the presidents of the Court of Batlles, the Court of Corts and of the Superior Court of Justice.
4. The batlles and courts must send the school a copy of official of the judicial resolution in which they decide the disabling or the suspension of a lawyer.
Article 12 governing bodies of the Association 1. The governing bodies of the Association of Lawyers of Andorra are the General Assembly and the Board of Directors, chaired by the Dean.
2. The Board of Directors is the organ member of management and administration of the College.
The statutes of the Association have to develop the system and Constitution, the functioning and the composition of the Board of Directors, as well as the procedure of appointment, resignation and renewal of its members, and the duration of his term.
3. Resolutions adopted by the Board of Directors can be traversed before the same Board of Directors, within a period of one month from the day after the day it is notified. The Board of Directors has a period of 15 working days to solve the formulated. Sold out this way, you can lodge an appeal before the Administrative Section of the Council, under the terms of the administrative and tax jurisdiction law, of 15 November 1989.
4. The General Assembly is the supreme organ of Government of the College, and you can meet in ordinary or extraordinary session.
The statutes of the Association have to develop the system and Constitution, as well as the functioning and the composition of the General Assembly.
5. The statutes of the Association must also regulate the economic regime schoolboy.
Third chapter. Exercise of the profession Article 13 obligations and obligations of lawyers 1. The fundamental duty of the lawyer is to develop well and faithfully its function, advising, reconciling and defending the interests that you are confident in terms of law. The lawyers must act in all cases with professionalism, honesty, loyalty, diligence, respect and firmness in the defense of these interests.
They shall also cooperate with the jurisdictional organs for the proper functioning of the administration of Justice, and are forced to act before administrative bodies and courts with probity, loyalty, truthfulness in his statements or statements, and with respect and consideration.
Equally are bound to respect the contractual agreements that they have agreed with the customers, and to comply with the professional received with due diligence that is required, by applying the appropriate ethical, ethical, and technical requirements.
2. The lawyer, with respect of the right to defense of the customers and the quality and dignity of the profession, is bound to respect the professional secrecy.
It is understood that the professional moral and legal principle is the secret that is the lawyer in the obligation and the right not to disclose any fact or situation of which it becomes aware by reason of the exercise of their profession. For this reason cannot be compelled to testify in relation to these same facts, documents or situations. This obligation is extensive to the facts that the lawyer knows the position of Member of the Board of Directors of the Association or as a lawyer partner or collaborator of another lawyer.
The professional secrecy, which is a duty of the lawyer and the client's right, can only be lifted in cases established by law, when the advocate is expressly authorized by the customer or their heirs or, exceptionally, by a reasoned decision of the Board of Directors of the Association at the request of the interested party, lawyer in the cases in which the maintenance of secrecy can damage in a notoriously unfair and serious the same lawyer the Attorney, the client or a third party, and at the same time not entity would lead to damage comparable to the customer.
The lawyer has a duty to reserve about conversations and correspondence maintained with other lawyers and attorneys, and cannot reveal or make use of them, in court or out of court, without your prior consent. However, if you are meeting a severe cause justified, the Board of Directors of the Association may authorize it for motivated the revelation or presentation in court without the consent mentioned.
3. The lawyer may not become involved either directly or indirectly, the lawyer of the counterpart in the litigation or the interests in dispute, and must avoid all personal allusion that you refer.
4. the specific duties of lawyers are that the laws, statutes, rules and resolutions of the governing bodies of the Association are deontological or uses are imposed for the proper exercise of the Advisory services and legal advice, and direction, defense and representation of the parties in any judicial or administrative procedure, and the other services and functions that are entrusted to the laws. In any case, have the obligation to: a) to bring the books to date of the issues that are involved and the accounts with their clients, that may be it for computer media.
b) accountable to their clients, specifying and detailing the amounts they received and payments made on your behalf, and insofar as, for listing when they are required for this purpose, the amount of the fees and introduced actions that correspond.
c) Meet in ordinary or extraordinary deadlines association dues.
d) take out insurance to cover the risks of responsibility in which they may incur as a result of the exercise of the profession, the minimum amount of which has to be established by the statutes of the Association.
e) know at the College are acts of infiltration and illegal exercise of the profession, as well as the irregular professional activities.
f) Do know at any event that affects the independence or freedom of a lawyer in the exercise of its functions.
g) Exercise the defence and assistance of literacy and free of charge under the terms established by the laws, the regulations and the bylaws of the Association.
5. Breach or violation of duties and obligations described above may lead to the imposition of appropriate disciplinary sanctions, without prejudice to the civil or criminal liability that may arise.
6. The obligation established by the letter c) of section 4 is also required to exercents not registered, in the terms decided by the School.
14 articles. Lawyers ' rights 1. The lawyers have the right to: a) ask for the protection of the school when their freedom, independence and dignity are ignored by the administrative organs or partnership or jurisdictional.
b) Be paid by customers in a fair and appropriate by reason of services provided, as well as being rescabalats of the expenses that have caused the provision of these services and, in particular, as a result of the actions of a court, in accordance with the rules of the mandate.
Lawyers can be arranged freely with the client the amount of professional fees. In the absence of agreement, the fixing of fees must be made in accordance with the rules established by the direct Association, which also apply to imperative form in the case of conviction in coasts of the counterpart in a lawsuit.
Lawyers can also be arranged freely with the client the payment of fees in a fixed part and a variable part, according to the results actually obtained by the client in the legal or judicial dispute resolved in the transigida or litigiosament.
c) participate with voice and vote in the General Assembly of the Association, formulate requests and proposals, and access, on terms of equality, to the positions of the Association, in the manner and in accordance with the requirements of the College statutes foresee their compliance.
2. non-registered exercents also have the rights established by the letter c) of paragraph 1, in the terms established by the bylaws of the Association.
Article 15 arrangements and responsibility in the exercise of the profession 1. The lawyers may exercise their profession individually or by binding in civil societies of lawyers, under any of the forms allowed by law. In the latter case, it is necessary that you keep as exclusive object of the company the professional exercise of the legal profession and that the company is owned mostly by lawyers.
The individual exercise of the profession of lawyer can do for themselves, as the owner or partner of a law firm or law firm either individual or collective, or alien, as a partner of a law firm either individual or collective, in accordance with the applicable labour legislation.
2. The attorneys contributors to a firm or individual or collective Office are subject to the obligations and the obligations of the Association and are individually responsible for the actions that they have conducted close to their customers, without prejudice to the responsibility can fall in the Attorney or attorneys of the law firm or the firm's owners or members.
3. The associations of lawyers with other professionals outside the exercise of the legal profession are prohibited if set or can put at risk the confidentiality, independence, freedom, free and loyal competition or professional dignity.
Article 16 conflict of interest 1. In case of conflict of interests between various clients or serious risk that befalls this type of conflict, lawyers cannot advise, represent or defend more than one client in the same affair.
2. The lawyers will have to refrain from exercising their functions in the Affairs of all customers concerned by a conflict of interest earned between them, when there is risk of violation of professional secrecy or when you compromise your independence.
Neither can accept the Commission of a new client if there is significant risk of violation of the confidentiality of the information received from a former client or if the knowledge of the Affairs of the former client may favour the new client unreasonably.
3. The advocats associats or collaborators cannot assume, in any case, the defence of litigators who have contrasting procedural positions or when there is or may be a conflict of interest among its customers.
Article 17 Advertising 1. Lawyers, whether they exercise their profession individually, as if they do so, they can be associated with advertising its services on the terms that are in the statutes of the school. wil
2. The advertising can be done as long as it respects the dignity of the profession and avoid disloyalty towards others and illegal competition.
Article 18 defense and literacy assistance and guard 1. The Association of Lawyers of Andorra has appointed a lawyer, by the turn of the corresponding Office, when in accordance with the applicable regulations, the competent court decides that a person has to be defended and assisted by a lawyer.
The defense and the technical assistance by virtue of literacy shifts automatically have free of charge for the people who have been awarded this benefit on the part of the competent court. Otherwise, the person defended and assisted should be put in charge of the sum that the Government, through the Ministry responsible for Justice, meets the lawyer designated by way of fees, in accordance with the rates or the scales approved by the regulations. In this case, the designated lawyer can claim equally the person defended and assisted the corresponding fees, provided that the total amount of fees according to the rules established by the direct Association.
The designated lawyer is not the duty of meeting the expenses caused, unless the person defended and assisted has made delivery of the provision of sufficient funds.
2. The Association has to organise the necessary guard shifts in order to guarantee the right to defence of the persons suspected or arrested that provide statement to the police, or in relation to which it has to carry out a House record or a recognition of identity, and of the people who appear before the magistrates and the courts as an encausades or inculpades near the criminal jurisdiction in accordance with the applicable legislation, and in other cases established by the applicable regulations.
In these cases, the fees should not be satisfied by the person assisted and defended to the lawyer, without prejudice that will have to be paid by the Government, through the Ministry responsible for Justice, in accordance with the rates or the scales approved by the regulations. On the other hand, unless it has been granted to the person defended and assisted the benefit of Defense and technical assistance free literacy, the Government can claim the payment to the lawyer by way of fees, if you established in the applicable regulations and the relevant court decision.
3. The assignment to the shifts and guard is compulsory, unless the by-laws of the Association I have otherwise. The statutes can establish the necessary fulfillment of certain requirements in order that the lawyers are assigned to these shifts.
The by-laws of the Association may also provide that the members of the Board of Directors, during his tenure, are released from the obligation to belong to these shifts.
4. The Association must ensure the continuity and efficiency of lathes and on duty.
The fourth chapter. Civil and Criminal Liability Article 19 liability 1. The lawyers, in the exercise of their profession, are subject to civil liability when, by actual malice or negligence, may damage the interests of the defence, or the performance of which has been entrusted.
2. Lawyers are subject to criminal responsibility for the crimes and the criminal contravencions who commit in the exercise of their profession.
3. In the event that the Dean of the College, or the person replacing it in accordance with the articles of Association, is required by the competent governmental or judicial authority for the practice of a record in the buffet or the professional Office of a lawyer, you have to come in and assist in the proceedings that practice, for the purpose of ensuring the protection of professional secrecy. In any case, the lawyer that you are in this situation you can request the presence of the Dean or the person replacing it.
Article 20 disciplinary Liability 1. Regardless of the criminal or civil liability in what may have incurred, the exercents collective are also subject to disciplinary liability arising from the breach of professional duties and obligations that are specific.
2. In the terms established in this law and in the by-laws of the Association, the latter exercised through the corresponding disciplinary bodies in relation to the registered exercents or not exercents by any act carried out or to the defaults they incur in the exercise or on the occasion of the profession, or that violate the duties and obligations contained in this law by-laws of the Association or the ethical standards approved by the Association.
3. The disciplinary responsibility is separate from civil and criminal liability may be incurred by the same bodies in which the facts.
Article 21 disciplinary 1. In relation to the disciplinary bodies is carried out by the Disciplinary Board, which can be set up in two instances.
2. Sanctions are imposed by the Disciplinary Board, by grounded decision that is taken in a secret ballot and with the favourable vote of the absolute majority of its members, except when the sanction that can be imposed involves disabling more than three months for a professional or expulsion from the College, in which the resolution has been adopted with the favourable vote of two-thirds of the members of the Disciplinary Board.
However, the offences may be sanctioned by the Board of Directors of the Association and, on its behalf, by the Dean, without any other formality than hearing or written allegations of the Member expedientat.
3. If in the course of the processing of disciplinary proceedings is manifest evidence of conduct that may constitute a criminal offence, the Disciplinary Board must make the Court and suspend, then the processing of the case mentioned, which interrupts the calculation of terms of prescription and expiry, until until a firm resolution in the criminal field.
On the other hand, when you are instructing or judging a criminal proceedings for the same facts that have originated or shall behave in a disciplinary file, or other events that are closely linked, they should start the processing of the disciplinary file, if it has not been started before, and then suspends the processing, which interrupts the calculation of terms of prescription or expiry date until until a firm resolution in the criminal field.
In any case, the statement of facts that can be proven to the Criminal Court is binding on the Disciplinary Board.
Article 22 Rights The Member who is the subject of a disciplinary procedure has the following rights: a) the right to be informed of the facts that you were charged, the infractions that these facts may constitute, of sanctions that may be imposed, the identity of the person designated as an instructor and the competent body to impose the sanction.
b) right of access to the disciplinary file, to know the State of their processing and to obtain copies of documents, under the terms of the code of the administration.
c) right to formulate allegations, to come up with the evidence as it deems appropriate and to use all means of Defense admitted by the legal system and they are coming from.
d) the right to the presumption of innocence and not to testify against himself.
e) the right to be assisted by a lawyer during the processing of the file, of free choice on the part of the lawyer expedientat and at your expense.
f) the right to obtain a reasoned resolution.
g) any other rights that recognize the Constitution or the laws.
Article 23 Disciplinary Procedure 1. The disciplinary procedure start the Board of Directors of the Association through the opening of disciplinary proceedings, ex officio or following a complaint or a communication addressed to the Dean or the Board of Directors, which will apply with respect to the General principles of the system of sanctions.
2. The Board of Directors designates an instructor among its members to instruct the transcript and to formulate, within a maximum period of one month, the corresponding charges, which must include the facts charged, with expression of the infringements allegedly committed and the sanctions that apply to you.
3. The Governing Board must be notified in writing to the Member expedientat the opening of the file, the designated instructor and the schedule of charges. The Member expedientat has a period of ten working days to make allegations and request, if this is the case, the practice of testing understanding necessary for his defence.
Answered the charges or after the deadline without doing so, the instructor can do the tests requested as it deems appropriate within a month. Then, you must give the file to the Member of the expedientat, so that in the period of ten working days to provide the conclusions it deems appropriate.
The Member expedientat can defend himself, or by another lawyer.
4. The Board of Directors is made up of seeds in first instance Disciplinary Board, under the chairmanship of the Dean, and which may not be part of the designated instructor.
The first instance Disciplinary Board must issue within the period of 15 working days the corresponding resolution, which must be motivated and cannot include facts other than those which have based the charges, without prejudice to the legal assessment that you do. If the resolution is to impose penalties, it must accurately determine the offences committed, the precepts in what remain classified and the sanctions imposed.
The resolution is adopted with the favourable vote of the majority or two-thirds of the members of the Disciplinary Board of the first instance, in accordance with paragraph 2 of article 21, except the designated instructor. The Dean has voting rights ruling in the case of a tie.
5. Against the decision handed down by the Disciplinary Board of first instance can be lodged an appeal before the Second Instance Disciplinary Board within the period of one month from the day after the day of notification of the decision.
The Second Instance Disciplinary Board is made up of nine members exercents, appointed by the Board of Directors and who have not been part of the Disciplinary Board of the first instance or have been appointed instructor of the transcript.
The Second Instance Disciplinary Board, which is chaired by the Member with the most seniority in the exercise of the profession, it must issue within the period of 15 working days the corresponding resolution, which must be motivated.
The resolution is adopted with the favourable vote of the majority or two-thirds of the members of the Disciplinary Board of the Second Instance, in accordance with paragraph 2 of article 21. The president has a ruling vote in case of a tie.
6. the members appointed as members of the Disciplinary Board cannot be inhibited, except justified that the Dean appreciated. The lack of assistance or in fulfilment of the functions for which they have been designated constitutes an infraction serious schoolboy.
The members of the Disciplinary Board can also be objected to and, if so, resolves the Dean.
7. The decision of the Disciplinary Board of Second Instance over administrative and can be challenged before the Administrative Section of the Council in the terms provided by the law of the administrative and tax jurisdiction, of 15 November 1989.
Article 24 Provisional Measures 1. The Disciplinary Board may, by a reasoned resolution and with the prior audience granted to the person concerned, the provisional suspension in the exercise of the profession of practising member of the bar against which follows a disciplinary record, bearing in mind the seriousness of the acts committed and the circumstances that attend.
2. The period of provisional suspension may not be higher than the penalty that could be imposed for the offence allegedly committed, and the elapsed time should be taken into account for the purposes of computing the period of the possible sanction of professional disqualification that may impose in the disciplinary file.
Article 25 professional Offences 1. Are professional established behaviour offences as such for this law, related to the exercise of the profession of lawyer.
2. The professional offences are classified as minor, serious and very serious.
3. professional violations Are very serious: a) the exercise of the profession without being in possession of the certificate of higher education in the field of law, delivered or recognized by the Government, sufficient for the exercise of the profession.
b) the exercise of the profession without being registered at the College as a registered member.
c) firm condemnation by the Commission of a crime, in any level of participation, which occur as a result of the exercise of the profession.
d) the exercise of the profession in a case of professional disqualification or provisional suspension, or in a case of incapacity or incompatibility established in articles 8 and 9 respectively, or prohibition to exercise the profession.
e) the exercise of the profession without having obtained authorisation to exercise the profession entitled to part of the Government, or without being in possession of the certificate of aptitude for the exercise of the profession.
f) the exercise of the profession without having opened a professional Office or a buffet, or without having joined a professional Office or a law firm is no longer open.
g) the breach of duties or professional obligations set out in this Act or in the articles of Association, when in is a serious prejudice to the people who have hired their services.
h.) the violation of the duty of professional secrecy.
I) disguise of acts of unauthorized or unlawful exercise of the profession, as well as the irregular professional activities.
j) the persistence in carrying out an act of advertising of professional services with non-compliance of the requirements established in this Act or in the articles of Association, having been required for dismissal to the Board of Directors.
k) the Commission two violations serious professionals, even if they are of different nature, provided that they commit within the period of one year from the first of the infractions and that the author has been sanctioned for this infringement.
4. professional violations Are serious: a) the exercise of the profession without fulfilling the requirements established in this law, provided that it does not constitute a very serious professional infringement.
b) the breach of duties or professional obligations set out in this Act or in the articles of Association, when it cannot be described as a very serious professional infringement.
c) failure to comply with the ethical standards approved by the College and who are essential in the exercise of the profession.
of) the lack of appearance close to the jurisdictional or administrative organs, repeatedly and without justified cause.
e) breach of the obligation to bring the books to date of the issues in which participation and accounts with customers.
f) breach of the obligation to pay bills to customers in the sense that article 13, paragraph 4, letter b).
g) breach of the obligation to take out insurance to cover the risks of liability which may be incurred as a result of the exercise of the profession, in the terms established by the statutes of the Association.
h) breach of the obligation to make know the school acts of infiltration and illegal exercise of the profession, as well as the irregular professional activities.
and) the acts considered unlawful or unfair competition and have been declared as such by the competent body.
j) breach of the obligation to make know the College any act that affects the independence or freedom of a lawyer in the exercise of the profession.
k) breach of the obligation to exercise the defense and technical literacy in virtue of the turns and guard, after having been duly required to this effect, and unless you can prove that it concurs a justified reason that make impossible the fulfilment of this duty.
the) the exercise of the profession in a case of conflict of interest.
m) carrying out an act of advertising of professional services in breach of the requirements provided for in this Act or in the articles of Association of the Association when its dissemination or for other circumstances, have special significance.
n) the Commission of two professional infractions minor, even if they are of different nature, provided that they commit within the period of six months from the first of the infractions and that the author has been sanctioned for this infringement.
5. professional violations Are mild: a) the breach of duties or obligations provided in this law and in the by-laws of the Association, or the ethical standards approved by the College, as long as they do not constitute a serious violation or very serious.
b) The offences set forth in paragraph 4, when you don't have enough entity to be classified as serious or very serious offences.
Article 26 Offences of the Association 1. Are Association planned behaviour offences as such by this law that refer to the relationship of the individual Member with the Association and with the other people in the Association field of operation of the College.
2. Infringements of the Association are classified as minor, serious and very serious.
3. very serious offences Are the children: a) the breach of duties or obligations set forth in this law or in the articles of Association, when a special gravity and not revisit establishing professional infringement.
b) non-payment of dues of the Association ordinary or extraordinary.
c) failure to comply with the decisions or resolutions adopted by the bodies of the Association on issues relating to shifts and guard, when it is not considered a professional infringement.
d) carrying out acts that impede or severely altered the normal operation of the school or its organs.
e) acts, expressions or actions that infringe the dignity or honor of lawyers in the exercise of the profession, when gravity of particular special.
f) the Commission of acts that constitute an affront to the dignity of the profession or to the ethical standards that govern when a particular special gravity.
g) the Commission of two serious violations of the Association, even if they are of different nature, provided that they commit within the period of one year from the first of the infractions and that the author has been sanctioned for this infringement.
4. serious violations of the Association Are: a) the breach of duties or obligations set forth in this law or in the articles of Association, when it is not considered a professional infringement or it can be described as a very serious infringement schoolboy.
b) failure to comply with the decisions or resolutions adopted by the bodies of the Association on matters that affect their economic livelihoods, as long as it cannot be described as a very serious infringement schoolboy.
c) acts, expressions or actions that infringe the dignity or honor of lawyers in the exercise of the profession, when it cannot be described as a very serious infringement schoolboy.
of) the Commission of acts that constitute an affront to the dignity of the profession or to the ethical standards that govern, when it cannot be described as a very serious infringement schoolboy.
e) the two infractions minor boys, even if they are of different nature, provided that they commit within the period of six months from the first of the infractions and that the author has been sanctioned for this infringement.
5. minor offences Are the children: a) the breach of duties or obligations set forth in this law or in the articles of Association, when it is not considered a professional infringement or it can be described as a very serious infringement or serious schoolboy.
b) infringements provided for in paragraph 4 of this article, when you don't have enough organization to be classified as very serious or serious violations of the Association.
c) The negligence or delay in the performance of administrative procedures inherent in the licensing and operation of the services of the Association.
Article 27 prescription of infringements 1. Very serious offences prescribed in four years, the grave at the end of two years and the slight at the end of six months. These terms will be calculated from the date of granting, or from the date on which it has had to have knowledge.
2. The prescription period is interrupted by any action performed with formal knowledge of the interested party schoolboy who speak to the initiation, processing or the decision of the disciplinary file.
The interruption ceases to have effect if not disciplinary record incoa or is paralyzed for more than six months due to causes not attributable to the individual offender. In this case, the calculation of the period of limitation starts again from the date of the latest record performance in the disciplinary file.
3. In the case of suspension of the processing of the file due to prejudice criminal law, the period of prescription of the offence remains suspended until the Disciplinary Board have reliable proof of the firm resolution relapse in the criminal field.
Article 28 Penalties 1. The very serious professional infringement may be subject to the following sanctions: a) professional Disqualification for a period not exceeding five years.
b) Fine of no less than € 5,001 and no more than 50,000 euros.
2. The serious professional infringement may be subject to the following sanctions: a) professional Disqualification for a period not exceeding one year.
b) Fine of no less than EUR 1,001 and not exceeding 5,000 euros.
3. The minor professional offences can be subject to the following sanctions: a) written Reprimand.
b) Fine not exceeding 1,000 euros.
4. in the case of very serious professionals and serious offences can also be imposed, as a complementary penalty, the obligation of professional or ethical training activities, when the violation occurred due to the breach of duties or obligations that affect the exercise or professional ethics.
5. If the person who has committed the infringement has obtained an economic gain, the sanction of fines can be expanded up to the amount of the profit obtained.
6. very serious infringements of the Association may be subject to the following sanctions: a) expulsion from school, only for the repeated Commission of offences very serious Association set out in letters a) and b) of paragraph 3 of article 26.
b) Fine of no less than € 5,001 and no more than 50,000 euros.
7. The serious violations of the Association may be subject to the penalty of fine of no less than EUR 1,001 and not exceeding 5,000 euros.
8. The infractions minor children may be subject to the following sanctions: a) written Reprimand.
b) Fine not exceeding 1,000 euros.
9. The sanctions of expulsion from school of professional disqualification and the written reprimand as a result of a single infringement are compatible with the penalty of fine.
10. The sanctions are only executives when the resolution that imposes is firm, because of not being susceptible of administrative or court.
11. The Association of Lawyers of Andorra has competition to run by itself its sanctioning resolutions, under the terms of the code of the administration.
Article 29 professional Disqualification and expulsion 1. The sanction of professional disqualification by the professional during the time for which it has been imposed.
When the same person there are various penalties of disqualification successive, the deadline in each of the sanctions begin to count from the previous sanction ultimate fulfillment.
2. The sanction of expulsion impairs the person sanctioned professional until they have spent four years at least.
Article 30 Graduation of sanctions sanctions will graduate according to the circumstances in each case are met, in accordance with the General principles set out in the legislation and, in particular, in accordance with the following criteria: a) Intentionality.
b) Prejudice caused.
c) amount of benefit obtained or that it was intended to get.
d) Reiteration or recidivism.
e) That the same facts have been sanctioned in the penal field.
Article 31 prescribing penalties 1. The sanctions imposed for very serious offences prescribed in any of four years; penalties for serious offences, within two years, and the penalties for infractions minor, after six months.
2. The sanctions that give rise to the professional disqualification for a period exceeding four years prescribed once after the deadline for which was imposed the sanction.
3. The term of prescription of sanctions will start counting from the next day of the day in what has become a firm resolution that imposes.
4. The period of prescription is interrupted by the home, with formal knowledge of the person concerned, of the execution of the penalty.
The interruption left to take effect if the execution rest stop for more than a year due to causes not attributable to the person sanctioned. In this case, the calculation of the period of limitation is to start again from the date of the last action that the record in the case of execution.
Article 32 Termination of liability 1. Disciplinary liability is terminated by the fulfillment of the sanction, the death of the individual Member, the prescription of the offence and prescribing the penalty.
2. The disciplinary liability of the non-terminated Association which has incurred the someone member during the period of high, but the temporary file of disciplinary procedure and the possible suspension of the sanctions imposed, which must be fulfilled if the person becomes a member to give to the School.
Article 33 scoring and communication of sanctions and rehabilitation 1. Disciplinary sanctions are stated in the personal file of the Member of the sanctioned and the annotation can be canceled, for the purpose of rehabilitation, unless incurred in new disciplinary responsibility, when six-month deadlines have passed in the case of sanctions of reprimand or fine; one year, in the case of professional disqualification sanctions no longer than six months; three years, in the case of higher professional disqualification sanctions in six months, and four years in the case of sanctions of expulsion.
2. The expiry period for rehabilitation is counted from the day after the day on which it has fulfilled the sanction. The cancellation of the annotation, once fulfilled the terms indicated, can be made ex officio or at the request of the person concerned.
3. The Board of Directors of the Association must notify the Ministry in charge of the professional associations, the Superior Council of Justice and the presidents of the Council, the Court of Corts and of the Superior Court of justice sanctions firm of professional disqualification or expulsion.
First transitional provision 1. The members of the Board of Directors of the Association of Lawyers of Andorra, within a period of six months from the entry into force of this law, shall convene an extraordinary general Assembly, which must approve the new by-laws of the Association in accordance with this law, in order to comply with its provisions.
2. the definitive statutes, once approved, together with the certification of the record of the Assembly, they have to refer to the register of qualified Professionals, schools and professional associations, affiliated to the Ministry in charge of Justice, for the purpose of registering them in the appropriate section, once you have qualified the adaptation to law.
Second transitional provision 1. Are eximides of the obtaining of the certificate of aptitude for the exercise of the profession of lawyer referred to in article 7, paragraph 4, letter e) of this law the persons who have been, prior to their membership dues as members exercents, the charges or the functions of judge, Mayor, Attorney general, Assistant Prosecutor, law clerk or lawyer at the legal offices of the General Council , of the Government, of Commons or of the Caixa Andorrana de Seguretat Social, as well as persons who have been discharged as exercents members in the Association of Andorran law prior to the entry into force of this law.
2. While the Government does not approve the regulation determined by the requirements for the certificate of aptitude for the exercise of the profession of lawyer, the substitutes, with the same efficiency, the postgraduate diploma in Andorran law issued by the University of Andorra.
The regulation has been approved within a maximum period of one year from the date of the entry into force of this law.
However, during this period, people who are in possession of a title of level 4 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government, are eximides to the award of postgraduate diploma in Andorran law issued by the University of Andorra for the exercise of the profession of lawyer.
Final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 18 December 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra
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