Law 49/2014, 18 December, In The Exercise Of The Profession Of Attorney And Of The College Of Attorneys Of Andorra

Original Language Title: Llei 49/2014, del 18 de desembre, de l’exercici de la professió de procurador i del Col·legi Oficial de Procuradors d’Andorra

Read the untranslated law here: https://www.bopa.ad/bopa/027004/Pagines/lo27004007.aspx

lo27004007 law 49/2014, 18 December, in the exercise of the profession of Attorney and of the College of Attorneys of Andorra law 49/2014, 18 December, in the exercise of the profession of Attorney and of the College of Attorneys of Andorra since the General Council at its session of 18 December 2014 has approved the following : Law 49/2014, 18 December, in the exercise of the profession of Attorney and of the College of Attorneys of Andorra preamble as it shows the different references that is contained in chapter VI of book II of the Manual Digest, written in 1748 by Antoni Fiter i Rossell, centuries ago that the attorneys exist in the Principality of Andorra and collaborate with their judicial organisation. However, these professionals, who represent customers who have to appear before the magistrates and courts, all facilitating the carrying out of acts of procedural communication, did not have until after the approval of the establishment of a regulatory framework that emparés the exercise of the profession, further specific rules that only made reference, such as the Decree of permanent delegates on the dispute relating to the rates of entry of goods to Andorra , of July 13, 1977, or the Decree of permanent delegates on the status and the procedure of the Tribunal of Taxes, 31 March 1979.
By virtue of the law of Justice, on 3 September 1993, the Solicitors, together with the judicial police and lawyers, were recognized as cooperators of the administration of Justice, and they regulate the conditions of transitional form succinct and access to the exercise of the profession and of intervention in trial, as well as the duty of professional secrecy. In this sense, the third chapter of title VII of the law of Justice, dedicated to the attorneys of the courts, established by means of a single article 102 that, when in a trial the parties do not want to appear personally, you have to make a lawyer or a solicitor represented by Andorra, unless the law of the applicable procedure authorize otherwise. Also has that attorneys must keep secret of the facts or the news you know by reason of their professional activity. And that, while the law does not establish special conditions that have been to require the attorneys andorrans, the Superior Council of Justice should be set every year, with the previous report of the public prosecutor's Office, the list of people who are allowed to perform procedural representation of the parties before the jurisdictions of Andorra.
Thus, this partial regulation, inadequate and with temporary vocation makes it necessary to promote a law that defines joint and detailed form, on the one hand, the content and the functions of the profession of Attorney; 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 tries, and that on the other hand creates and regulates the object, the purposes and powers of the College of Attorneys. All this, taking into account relevant social function that involves the exercise of the profession of Attorney and the public interest associated with the functions that the solicitors have entrusted and the services they provide, closely linked to the exercise of the rights and fundamental freedoms.
In effect, the court officers collaborate with the Andorran judicial system and act as a juridicoformal link between the magistrates and the courts on the one hand, and the physical and legal persons that are subject of a judicial process, on the other hand. Therefore, not only contribute to the achievement of the right to the jurisdiction that enshrines the paragraph 1 of article 10 of our Constitution, but also to guarantee compliance with the principle of equality of the parties to the litigation. Of which in ressurt that the function they wield and the services they provide 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, three transitional provisions, a repealing provision and three final provisions. The first chapter, devoted to General provisions, defines and lists the functions of the solicitor, that is configured as a free and independent professional who provides a service to society in public interest. The name of the solicitor is reserved for people who are registered in the official College of Attorneys of Andorra as members exercents, and establish the principles that should govern its performance; to know: freedom, independence, and free and loyal competition. It also regulates the field of action of attorneys, with express mention of the activities exercised exclusively, which are technical representation of clients in any procedure, without prejudice to the concurrent functions of lawyers. Finally, reference is made to the intervention and the replacement of the solicitor.

The second chapter creates and regulates the official College of Attorneys 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. In the latter case, you must be in full possession of the civil and political rights and to have a higher education qualification in the field of law, issued or recognized by the Government. The requirement of the degree is a significant innovation and has become quite necessary, attention to the functions that the solicitors have entrusted and that are closely related to the field of law, which requires that they be knowledgeable; and with more reason if you take into account the increasing complexity of the legal regulations in force, or that they will be in the future, in particular procedural. On the other hand, in the case of the ones registered exercents also require complementary requirements designed to ensure the good conduct of attorneys, such as the absence of a criminal record and the inexistence of causes of incapacity or incompatibility. 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 attorneys. It also has an impact on the modalities of exercise of the profession, individually or through civil societies of professional attorneys. 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 of representation and, if appropriate, free of charge.
The fourth chapter is devoted to the regime of responsibility. Beyond the civil and criminal responsibility of the attorneys 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 three transitional provisions relating to the establishment of the College of Attorneys of Andorra, to the approval of the new by-laws and the election of the officers of the Board of Directors; the temporary time in which the Association will get full capacity to act, and to the vicissitudes arising from the new requirement to be in possession of a higher education qualification in the field of the right to be able to show up and practice the profession of solicitor. In this sense is precisely what are the people that should be eximides; to know: people who prove the effective exercise of the procedural representation of the parties before the Andorran jurisdictions for a minimum period and the people who play as a attorneys on behalf of the Government. All this without prejudice to the obligation of attorneys exercents to obtain the authorisation to exercise the profession and to show titled thereon.
With regard to repealing, has an impact on the rules of the law of Justice and the public prosecutor's Office Act that regulate the transitional regime and still applicable to exercise the procedural representation of the parties before the batlles and courts.
The Act concludes with three final provisions, the first of which partially modifying an article and introduces two new articles in the law of Justice, in order to adapt its provisions to the current regulatory framework and establish, as is happening with the lawyers, the obligation of membership dues as members of exercents solicitors who act before the batlles and courts all regulating the specificities of the solicitors acting on behalf of the Government and how it is structured the procedural representation of these administrations. Finally, the last two final provisions qualify the provisions that derogate, modify or expand the qualified law of Justice and fix the date of the entry into force of this law.
Chapter first. General provisions Article 1 definition and functions of Attorney 1. The solicitor is a free and independent professional who provides a service to society in public interest.
2. The solicitor has as function the technical representation of the parties in any proceedings and the performance of other functions and powers attributed to it by the law, in order to contribute to the effectiveness of the fundamental right to jurisdiction and to the improvement of Justice in the substantiation of procedures and in the execution of the judgments.
3. Are attorneys and are in this name the people who are duly registered as members of the exercents Association of Attorneys of Andorra.

4. In the exercise of their profession, the Attorney 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 ethical standards of high specific solicitor, 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 solicitor exerts 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 Procurator exercises his profession in free and loyal competition with other attorneys, 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. Without prejudice to the provisions of article 102, paragraph 1 of the law of Justice, and article 4, paragraph 1 of this law, the Procurator exercise the professional activities that have assigned exclusively by the law and, in particular, the technical representation of clients in any procedure.
2. Also exercises other functions or provide the services that you are entrusted in its status as a cooperator of the administration of Justice.
Article 4 replacement and Intervention of Attorney 1. The professional work of a solicitor in any procedure and in front of any jurisdiction is not compulsory, unless you expect to do so by law.
2. The specific representation with which the solicitor is involved in a procedure is credited by empowering sufficient, given in accordance with the legal provisions.
3. The relationship between the solicitor and the client are governed by the provisions contained in the laws, the statutes of the Association, the rules concerning the contract of mandate and other norms and the uses that are enforceable.
4. The attorneys can be replaced, in the exercise of their profession, by another solicitor, with the simple acceptance of the client, except for cases in which you need a new empowering enough, 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 solicitor who cease the representation of a client is forced to return to the client or to the new solicitor 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 Attorney the information necessary to continue on the effective exercise of the representation of the client.
Second chapter. The official College of Attorneys of Andorra Article 5 creation of school and general provisions 1. The official College of Attorneys of Andorra, 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.
2. The College of Attorneys 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 Attorneys 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.
Article 6 Object and purposes 1. The official College of Attorneys of Andorra has as its object the regulation and organisation of the exercise of the professional activity of attorneys in any of its forms, and also the safeguarding of its ethical and deontological principles.
2. The College of Attorneys of Andorra brings together professionals who have or may exercise the profession of solicitor 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) reported on the legislative initiatives that concern him the exercise of the profession, when he requires within the sphere of its powers.
h) ensure, organize and manage the procedural representation by means of the turns of the corresponding Office, in accordance with the laws or regulations that have to be applied.
I) 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.
j) to promote and facilitate the continuing professional training of the members.
k) Approve the rules that direct in terms of fees that must be applied in the absence of agreement between the solicitor and the client, and also in the case of conviction in coasts.
the) issue the reports requested are jurisdictional 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.
m) Approve their budgets and to regulate and fix the contributions of the members.
n) 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.
or) Perform other functions 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 the licensing 1. The official College of Attorneys 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 exercise the profession of Attorney must show as exercents members. Is meant by "professional" the provision, usually paid, of the services of technical representation of the parties in any proceedings and, in particular, the exercise of the activities set out in paragraph 1 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, 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 prohibition to exercise the profession.
d) Obtain the authorization to exercise the profession entitled to part of the Government.
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 incorporated in a professional Office is no longer 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 Attorney: a) The physical or mental impairments that by their nature or entity prevent the fulfillment of the functions assigned to the attorneys.
b) The disqualification or suspension in the exercise of the profession of solicitor, 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 Attorney 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 the High Council of Justice.
c) With the exercise of the profession of lawyer.
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 one solicitor exerts 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 solicitor 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 Attorney certifies that it has ceased the situation of incompatibility.
4. In the event that the Procurator exercise 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 ups and downs

1. 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 take place in the 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 solicitor, 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 professional Attorney.
Article 12 governing bodies of the Association 1. The governing body of the College of Attorneys 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 of the Association 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, it is possible to 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 duties of solicitors 1. The fundamental duty of the solicitor is to develop well and faithfully the function of representation that confer, and provide other services that the laws you infected. The attorneys have to act in all cases with professionalism, honesty, loyalty, diligence, respect and firmness in defending the interests of its represented.
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 have agreed with its 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 solicitor, 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 secrecy is the moral and legal principle that the Attorney on duty and the right of 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 Attorney knows the position of Member of the Board of Directors of the Association, or as a solicitor partner or collaborate with another Attorney.
The professional secrecy, which is a duty of the solicitor and a client's law, can only be lifted in cases established by law, when the Attorney 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 solicitor concerned, in cases in which the maintenance of secrecy can damage in a notoriously unfair and serious the same solicitor , the lawyer, the client or a third party, and at the same time not entity would lead to damage comparable to the customer.
The Attorney has a duty to reserve about conversations and correspondence maintained with other attorneys and lawyers, and may not 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. Are duties of attorneys are that the laws, statutes, rules and resolutions of the governing bodies of the Association are deontological or uses are imposed for the proper representation of their represented, adequate substantiation of procedures and the effective execution of judicial decisions, and other features and services that are transmitted by law. In any case, have the obligation to:

to get the updated books in which Affairs) 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 solicitor in the exercise of its functions.
g) Exercise of trade and, if appropriate, free of charge, under the terms established by the laws, the regulations and the bylaws of the Association.
h) appear before the Batllia and the Andorran courts, as well as before administrative bodies, in order to take knowledge and sign locations, the quotes and the notifications you need to perform.
4. The 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.
5. The obligation established by the letter c) of paragraph 3 is also required to exercents not registered, in the terms decided by the School.
Article 14 Right of solicitors 1. The attorneys have the right to: a) ask for the protection of the school when their freedom, independence and dignity are ignored by the administrative bodies or professional 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.
The attorneys 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.
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 attorneys can exercise his profession individually or by binding in civil societies of professional attorneys, 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 tries and that the company is owned mostly by attorneys.
The individual exercise of the profession of attorney can do for themselves, as the owner or partner of a law firm either individual or collective, or another, as a partner of a law firm either individual or collective, in accordance with the applicable labour legislation.
2. the attorneys contributors to an 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 Office holders or members.
3. The associations of attorneys with other professionals outside the exercise of try 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, the attorneys may not represent more than one client in the same affair.
2. the attorneys have to refrain from exercising the representation 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 attorneys associated with or collaborators cannot assume, in any case, the representation of litigants who have contrasting procedural positions or when there is or may be a conflict of interest among its customers.
Article 17 Advertising 1. The attorneys, 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 the other attorneys and illicit competition.
Article 18 procedural representation of trade 1. The official College of Attorneys of Andorra appoint a solicitor, by the turn of the corresponding Office, when in accordance with the applicable regulations, the competent court decides that a person must be represented by a solicitor, regardless that his speech is or is not mandatory.
Procedural representation under shifts automatically implies that the person represented has to satisfy the Attorney appointed accrued fees, which have to adjust to the rules established by the direct Association.
The Attorney appointed is not the duty of meeting the expenses caused, unless the person represented has made delivery of the provision of sufficient funds.

2. If he determines the Government through regulatory, procedural representation under shifts of craft will be able to get free of charge for the people who have been awarded this benefit by the competent court.
In this case, the fees should not be satisfied by the person represented in the Procurator, 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 eventually for regulation.
3. The assignment to shift trade is compulsory, unless the by-laws of the Association I have otherwise. The bylaws may also establish that 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 effectiveness of turns to trade.
The fourth chapter. Civil and Criminal Liability Article 19 liability 1. The attorneys, in the exercise of their profession, are subject to civil liability when, by actual malice or negligence, may damage the interests of which the representation has been entrusted.
2. the attorneys are subject to criminal responsibility for the crimes and the criminal contravencions they 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 professional Office of a solicitor, you should come and assist in the proceedings that practice, for the purpose of ensuring the protection of professional secrecy. In any case, the solicitor who is in this situation may 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 attorneys exercents 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 articles of 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, the expedientat Attorney free choice 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 disciplinary procedure.
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 a 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 three exercents members, appointed by the Board of Directors and who have not been part of the Disciplinary Board of the first instance or have been appointed instructors 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 mild schoolboy constitutes an infringement.
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 the member against which it 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 solicitor.
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 of profession entitled to part of the Government.
f) the exercise of the profession without having opened a professional Office or without having joined a professional Office 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 3, 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 solicitor in the practice of the profession.
k) breach of the obligation to exercise the procedural representation under shifts automatically, 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 of this article, when you don't have enough organization 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 in trade, 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 attorneys 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) the non-compliance of 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 attorneys 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 day on which you've 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 termination of the disciplinary procedure.
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 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 of no more than) a 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 an infringement has 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 official College of Attorneys 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 will start counting 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 College of Attorneys of Andorra, within a period of six months from the entry into force of this law, shall convene an extraordinary general Assembly, which will have the character of constituent Assembly, which must approve the definitive statutes of the Association and to choose the people who will occupy the corresponding positions in the Board of Directors in accordance with this law in order to fulfil its provisions.
2. the definitive statutes, once approved, together with the certification of the minutes of the constituent 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 the official College of Attorneys of Andorra will get full capacity to act on the basis of the Constitution of their governing bodies.

Third transitional provision 1. Are relieved of the requirement to be in possession of a certificate of higher education in the field of law, delivered or recognized by the Government, referred to in article 7, paragraph 2, letter b) of this law, in order to obtain the authorisation to exercise the profession entitled Attorney, and also in order to be admitted to the College of Attorneys of Andorra, the professionals who at the date of entry into force of the law to comply with the following requirements cumulative form : in) That appear on the latest list of people admitted to exercise the procedural representation of the parties before the Andorran jurisdictions that have established the High Council of Justice.
b) that prove reliably, within a period of six months from the entry into force of this law, by the Government and the Board of Directors of the College of Attorneys of Andorra, which have effectively exercised the procedural representation of the parties before the Andorran jurisdictions for at least the last year from the date of entry into force of this law , or for at least five consecutive years in the last fifteen years from the date of entry into force of this law.
2. Are also eximides the requirement to be in possession of the qualifications mentioned in the preceding paragraph the persons who on the date of entry into force of this law to work on behalf of the General Council, of the Government, of Commons or of the Caixa Andorrana de Seguretat Social, or of the organs that depend on it, and that at the same time hold as attorneys on behalf of the past and to fulfil the requirements set out in the letter b) of the preceding paragraph.
3. The persons who at the date of entry into force of this law are to exercise the profession of Attorney and are in possession of the degree mentioned in section 1 of this transitional provision or that otherwise meet the requirements set forth in the same paragraph (1), are required, in order to continue to exercise the profession mentioned, to obtain the authorisation to exercise of the profession of Attorney and admitted to be called College of Attorneys of Andorra as members exercents , within a period of six months from the entry into force of this law.
Repealing provision 1. Repealing paragraph 3 of article 102 of the law of Justice, on 3 September 1993.
2. the last sentence is hereby repealed paragraph 14 of article 3 of the law on the public prosecutor's Office, on 12 December 1996.
First final provision 1. Modifies the paragraph 1 of article 102 of the law of Justice, on 3 September 1993, which is worded in the following terms: "Article 102 1. When the parties do not wish to appear personally in a trial must make represented by a solicitor or a barrister enrolled as members of the exercents Association of Attorneys of Andorra or Andorra Bar Association, respectively, unless the laws of procedure it established otherwise.
(…)”
2. It introduces a new article 102 bis to the law of righteousness, on 3 September 1993, which is worded in the following terms: "Article 102 bis to act in front of magistrates and the courts in the terms provided for by this law and by other laws that are enforceable, the attorneys must be obligatorily registered as members of the exercents Association of Attorneys of Andorra , unless you act on behalf of the General Council, of the Government, of Commons or of the Caixa Andorrana de Seguretat Social, or of the organs that depend on it, without prejudice to the foresee the law that regulates the exercise of the profession of attorney. "
3. It introduces a new article 102 ter to the law of righteousness, on 3 September 1993, which is worded in the following terms: "Article 102 ter representation in court, in front of any jurisdiction, the General Council, of the Government, of Commons or of the Caixa Andorrana de Seguretat Social, or of the organs that depend on it, corresponds to their legal departments affiliated attorneys , notwithstanding that they may hire the services of other attorneys in certain cases. "
Second final provision in section 1 of the repeal, which derogates the paragraph 3 of article 102 of the law of Justice, on 3 September 1993, and also the first final provision, which modifies the paragraph 1 of article 102 and introduces two new articles 102 bis and 102 ter to the law of righteousness, on 3 September 1993 , have the character of law. The rest of the provisions of this law shall have the character of ordinary law.
Third 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.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra