Key Benefits:
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Exhibition of Motives
The new Statute of the Order of Lawyers, deching out the fundamental traits of the regime
approved by Law No. 15/2005 of January 26, amended by Decree-Law No. 226/2008,
of November 20, and by the Law No. 12/2010 of June 25, which revoked the then-beholdant
Decree-Law No. 84/84 of March 16, aims to conform to statutory standards so far in
vigour with Law No. 2/2013 of January 10 laying down the legal regime for creation,
organization and operation of professional public associations, taking advantage of the
ensejo to change rules there is a lot under discussion within the Bar of Lawyers,
dignifying, thus, the profession and strengthening the role of the lawyer while subject with
express constitutional recognition, which plays the important task of
cooperate for the good administration of justice.
In the first place, honoring the special mission with constitutional seat incumbent
to lawyers, and who has been since soon plastered in Article 20 of the Basic Law, reinforces-
if the role of the Bar of Lawyers itself, to which, as a public association
representative of the professionals performing the advocacy, is expressly assigned to
nature of a collective person of public law, provided for in Law No. 2/2013 of January 10,
which did not, however, find from the statutory standard until now beholded, thereby recognizing the
important public powers that impend on the same in the performance of their
attributions.
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On the other hand, and in what concerns the territorial scope of the Order of Lawyers,
abandons the old paradigm based on districts, which gives way to the new structure-based
in regions, as propugnated by Law No. 2/2013, of January 10, and in compliance
with the new organization of the justice system, passed by Law No. 62/2013, of 26 of
August, and regulated by the Decree-Law No. 49/2014 of March 27.
The new internal structure of the Order of Lawyers is reflected, for, in the cast of the organs,
for what so far termed assemblies and county councils metamorphosed
in regional bodies. Still in what concerne the organs of the Order of Lawyers, and having
in account that the said Law No. 2/2013 of January 10 prescribed as an organ
obligatory a supervisory body of the management and financial management, which includes a
official reviewer of accounts, the tax advice is created, which, among other assignments, is
competent to monitor and control the financial management of the Order and scrutinise the
organization of accounting of the same. In addition, and as provided for in Law No. 2/2013,
of January 10, the possibility for the general council to be designated, on a proposal from the
bastonic and in the case of such if warranted, a provider of the customers, whose mission is to defend
the interests of the recipients of the services provided by the lawyers.
Regarding the exercise of social positions, the new Statute of the Order of Lawyers
determines that the holders of any organ can only be elected to the same organ
elapsed from the period of a full term after the termination of duties at the organ in
cause and that the election for the post of bastonary is done concurrently with the election for the
board general, being elected the list that gets more than half of the votes validly
expressed, and designated as a bastonary the first candidate of the winning list,
advancing to second suffrage if it does not lode to obtain the number of votes referred to,
to which to compete the two most voted lists. These changes welcome and accommodate the ratio
legis of Law No. 2/2013 of January 10, by imprinting transparency in the electoral system and the
exercise of the social posts, as they harmonize the regime to the elections for the
job of bastonarium and to the general counsel, who, given the assignments conferred on these
organs, they should stick to their exercise by the permanent sharing of gestionary principles.
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On the other hand, it introduces the possibility of holding referendums on issues of
particular relevance to the Order of Lawyers who fall in the respects assignments,
institute this one that found no reception in the regime until now beholded but that the Law
n. 2/2013 of January 10 expressly provides.
With respect to the standards for the exercise of the law firm is bounded on specialties
and the respective professional titles of expert lawyer, attributing relevance
statutorily to the same and thus contributing to the dignifying of the profession and to the
transparency of forensic practice.
As for disciplinary action, alongside the remission to the General Labor Law in Roles
Public, applicable diploma subsidarily, consact, on the one hand, the punishability of the
attempt and, on the other, proceeds to the graduation of the disciplinary infractions, which rank
in light, serious and very serious, further clarifying the penalties applicable to them.
Regarding enrollment in the Order of Lawyers, and considering the provisions of the Act
n ° 2/2013 of January 10, it is lit that the same is done in the general council, the
process to be prepared by the competent regional council. As for the
stage, as provided for in Law No. 2/2013 of January 10, establishes the duration
maximum of 18 months for the same, keeping the two phases up to then foreseen, which
findam now with the realization of a single final proof of aggregation, of whose approval
depends on enrollment as a lawyer. It thus simplifies the access to this Order
professional, not discuring, for, the importance of rigor in admission and training
initial, in this profession that has a key role in the pursuit of the administration of the
justice, role that has been recognized since soon, as noted above, by our Constitution.
Still relatively at the stage, it clarifies the incumbencies of the patron during the period
of the stage.
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It should also be noted that the internship has started at least once in each calendar year, to the
contrary to the two times imposed so far and that, in practice, they did not lograde to achieve the
desiderato who was present at the time of his consecration, which was presaged with the
possibility granted to the finalists in law to finish their course only in
september, in season of appeal. It clarifies, on the other hand, the regime of the suspension and the
prolongation of the internship, such as the duties of the trainee lawyers, and distinguishes itself the
stage of the Order of Lawyers regarding the professional internship promoted by the
public employment service, aspets that laced a further dilution at home
statuary.
In what concerns the revenue of the Order of Lawyers, in particular to the quotas, it introduces
the compulsory payment of their payment also for the lawyers ' societies, given the
relevance of these in forensic practice, being comprised of your non-payment by term
greater than 12 months with the introduction of the respective disciplinary process, which applies
equally to the attorneys individually considered, thus making it effective to be referred to
mandatory payment. In addition, the rogo of the Bar of Advogados itself, the
debt certificate issued by the general council is now executive title, having been
created, by its shift, a coercive collection mechanism that consists of the issuance of a
warning for payment of the values in debt.
The new Statute of the Order of Lawyers robustness, on the other hand, the policies of free
provision of services and freedom to exercise the profession and establishment of the
European Union emphasized by Law No. 2/2013 of January 10, updating the standard
referring to the recognition of the professional title to the entry of Croatia into the European Union,
enabling the exercise of activity in our territory through electronic commerce and
by suppressing the examination of aptitude required of lawyers in other Member States, which
numbness the exercise of activity on the part of these liberal professionals in our country.
It further allows, in addition to the recognition of lawyers ' societies from other states-
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Members, the exercise of advocacy on the part of associative organizations of professionals
of other Member States and other providers of law services, facilitating-
if, also at this headquarters, the practice of this profession in our country. The rules ora introduced,
which aim to strengthen the freedoms of exercise of advocacy and facilitate their practice by part
of nationals of other Member States, are accompanied, as it could not leave from
be, by the pertinent prediction of the disciplinary responsibility of the professionals who presently
services on national territory in free provision of services, which are
equated with lawyers for disciplinary effects, responsibility for this that already existed in the
transact regime.
With regard to lawyers ' societies, and taking into account the special nature of the
lawyer function, prohibits the creation of multidisciplinary societies. In effect, the
lawyers, collaborating in the administration of justice, are found to be required to observe the
respect of strict deontological rules specific to their activity, which remain and
deserve respect to safeguard the public interest underlying this profession, which
do not have to be observed by the generality of the professionals and, even when some
of them have to be observed by certain categories of professionals, the are in a degree of
intensity that is incomparable with the degree that is required of lawyers. Ora, the possibility of
joint exercise by attorneys and by other professionals of distinct activities, so many
sometimes confrontational, it's certainly a factor of difficulty for those norms
deontological can be strictly adhered to. Advocacy is, thus, a profession that
pursuits a mission of public interest, which obstinates that they are developed, in a manner
associative, diverse activities in which so many times there are conflicting interests with the
reserved character of that.
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It underscores, incidentally, that lawyers have access to a panoply of personal data, which, the
admitting the existence of multidisciplinary societies, could be used with greater
ease, illegitimate and abusively, by non-attorneys inserted into the society-like structure,
causing serious damage in the legal sphere of customers, maxime , violating your reservation of the
intimacy of private life.
On the other hand, the new Statute of the Order of Lawyers provides that the societies of
lawyers are subject to the rights and duties applicable to lawyers who are
compatible with its nature, morally at a disciplinary headquarters, thus effecting the
collective responsibility of who intends to exercise advocacy through a structure
that, if it allows for cost-sharing and better management of human resources, materials and
financial, also requires that the collective person created for the purpose can respond by
disciplinarily unsuitable ducts that come to adopt in the market.
Finally, standards are introduced that aim to expedite the practice of the profession by giving
compliance with the provisions of Law No. 2/2013 of January 10, such as those reaching the counter
single, which imposes the use of an electronic means in the communications to be carried out between the Order and
the professionals, the information that must appear on the Internet and the cooperation
administrative, being to further highlight the tutelage of the member of the Government responsible for the
area of justice and the mandatory type-approval of the Regulations of the Order of the
Attorneys who show themselves especially relevant to the exercise of advocacy.
Thus:
In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d) from the
n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a
the following proposed law:
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Article 1.
Object
This Act approves the new Statute of the Order of Lawyers, in accordance with
Law No. 2/2013 of January 10 laying down the legal regime for creation, organisation and
operation of the professional public associations.
Article 2.
Approval of the new Statute of the Order of Lawyers
It is hereby approved, in Annex I to this Law and that it forms an integral part, the new Statute of the
Order of Lawyers.
Article 3.
Transitional arrangement
1-The amendments made by this Law shall apply to the stages commenuating,
as well as to the disciplinary proceedings instituted, after the respective date of entry into
vigour.
2-The provisions of Article 194 (2) of the new Statute of the Order of Lawyers,
approved in Annex I to this Law, applies to trainee lawyers enrolled in the
Order of Lawyers on the date of the entry into force of this diploma, computing
on the deadline there the entire period of internship elapsed since the enrollment.
3-It Is Incumbent on the general council to make the necessary adjustments to the election and installation
of the new organ of the Order of Lawyers.
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4-Lawyers regularly enrolled in the Order of Lawyers and in the House of
Solicitors as enforcement agents, regarding which to check
incompatibilities as a result of the amendments made by the Statute of the Order
of the Solicitors and the Enforcement Agents, shall put an end to such situations of
incompatibility until December 31, 2017.
5-The provisions of Article 193 of the Statute of the Order of Lawyers approved in Annex I
to this Law shall apply one year after the entry into force of this, to those who have
obtained one of the academic degrees there mentioned from the year of the respective
publication, applying until then, in that matter, the regime established by the Statute of the
Order of Lawyers revoked by this diploma.
Article 4.
Abrogation standard
They are revoked:
a) The Act No. 15/2005 of January 26, as amended by Decree Law No. 226/2008, of
November 20, and by Law No. 12/2010, of June 25;
b) The Decree-Law No. 229/2004 of December 10.
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Article 5.
Entry into force
This Law shall come into force 30 days after its publication.
Seen and approved in Council of Ministers of March 12, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX
(referred to in Article 2)
STATUS OF THE ORDER OF LAWYERS
Title I
Order of Lawyers
CHAPTER I
General provisions
Article 1.
Denomination, nature and headquarters
1-Denomina-Order of Lawyers the representative public association of the
professionals who, in accordance with the precepts of this Statute and too much
applicable legal provisions, exercise advocacy.
2-A The Order of the Lawyers is a collective person of public law who, in the exercise of the
its public powers, it performs its functions, including the regulatory function,
independently of the organs of the state, being free and autonomous in their activity.
3-A The Order of Lawyers is based in Lisbon.
Article 2.
Scope
1-A The Order of Lawyers has national scope and is internally structured in seven
regions:
a) Lisbon;
b) Port;
c) Coimbra;
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d) Évora;
e) Faro;
f) Azores;
g) Wood.
2-The attributions and competences of the Order of Lawyers are extensive to the activity of the
lawyers and trainee lawyers in it enrolled in the exercise of the respect profession outside
of the Portuguese territory.
3-The regions referred to in paragraph 1 shall have the following territorial correspondence:
a) Region of Lisbon, the area of competence of the Court of Relation of Lisbon, with
exclusion of the areas covered by the Autonomous Regions of the Azores and the
Wood;
b) Regions of the Port and Coimbra, the area of competence of the Courts of the Courts of the
Relation;
c) Region of Évora, the area of competence of the respecting Court of Relation, with
exclusion of the area covered by the Faro district;
d) Region of Faro, the district of Faro;
e) Regions of the Azores and Madeira, the areas of the respective autonomous regions.
4-The sedes of the regions are, respectively, Lisbon, Porto, Coimbra, Faro, Évora, Ponta
Delgada and Funchal.
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Article 3.
Assignments of the Order of Lawyers
They constitute assignments of the Order of Lawyers:
a) Uphold the rule of law and the rights, freedoms and guarantees of citizens and
collaborate in the administration of justice;
b) To ensure access to the right, under the Constitution;
c) Assign the professional title of attorney and certify the quality of attorney
trainee, as well as regulating access and exercise of the respect profession;
d) To ensure the social function, dignity and prestige of the profession of lawyer,
promoting the initial and permanent training of lawyers and respect for the
values and deontological principles;
e) Represent the profession of lawyer and defend the interests, rights,
prerogatives and immunities of its members, denouncing in the face of
national and international instances the acts that act against those;
f) To strengthen solidarity among lawyers;
g) Exercise, in exclusive, disciplinary power over lawyers and lawyers
trainees;
h) To promote access to knowledge and application of law;
i) Contribute to the development of legal culture and improvement of the
drafting of the Law;
j) Be heard on the projects of legislative diplomas that are of interest to the exercise
of advocacy and judicial sponsorship in general and propose the amendments
legislative ones that are understood to be convenient;
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l) Contribute to the narrowing of links with counterparts
foreigners;
m) Exercising the remaining assignments that result from the provisions of this Statute
or of other legal diplomas, specifically from Article 5 of Law No. 2/2013, of
January 10.
Article 4.
Social security
The social security of the lawyers is carried out by the Lawyers ' Welfare Box and
Solicitors pursuant to the applicable legal and regulatory provisions.
Article 5.
Representation of the Order of Lawyers
1-A The Order of the Lawyers is represented in judgment and outside of it by the bastonary, by the
presidents of the regional councils and the presidents of the delegations or by the
delegates, as they treat themselves, respectively, of assignments of the general council, of the
regional councils or delegations.
2-For the defence of all its members in all matters pertaining to the exercise of
profession or the performance of positions in the organs of the Order of Lawyers, whether
handle responsibilities that are required to them, or from offenses against them
practiced, may the Order exercise the rights of assistant or grant sponsorship in
processes of any nature.
3-A Order of the Lawyers, when intervening as an assistant in criminal proceedings, may
be represented by counsel other than the one constituted by the remaining assistants, if the
there are.
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Article 6.
Resources
1-The acts practiced by the organs of the Order of Lawyers in the exercise of their
assignments admit the hierarchical resources provided for in this Statute.
2-The term of resource interposition is 15 days, when another one does not meet
specially provided for in the law.
3-Of the acts practiced by the organs of the Order of Lawyers rests, still, appeal
contentious for the administrative courts, in the general terms of law.
Article 7.
Correspondence and official requisition of documents
In the exercise of your legal assignments may the organs of the Order of Lawyers
correspond with any public entities, judicial and police authorities, well
as criminal police organs, and may requisition, with exemption from payment of
expenses, documents, copies, certifiers, information and clarifications, including the
shipping of processes in trust, on the terms in which the official bodies must
satisfy the requisitions of the court courts.
Article 8.
Duty of collaboration
1-All public entities, judicial and police authorities, as well as the organs of
criminal police, have the special duty to provide full collaboration to the organs of the Order
of the Lawyers, in the performance of their duties.
2-Private individuals, whether natural persons or collectives, have the duty of collaboration with
the organs of the Order of Lawyers in the exercise of their assignments.
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CHAPTER II
Bodies of the Order of Lawyers
SECTION I
General provisions
Article 9.
Enumeration
1-A Order of the Lawyers pursues the assignments conferred on it in the present
Status and too much legislation through their own organs.
2-Are national bodies of the Order of Lawyers:
a) The congress of Portuguese lawyers;
b) The general meeting;
c) The bastonary;
d) The president of the top council;
e) The top council;
f) The general council;
g) The tax advice.
3-Are regional and local bodies of the Order of Lawyers:
a) The regional assemblies;
b) The regional councils;
c) The chairs of the regional councils;
d) The advice of deontology;
e) The presidents of the deontology boards;
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f) The section assemblies;
g) The delegations and the delegates of section.
4-A The protocolar hierarchy of the holders of the organs of the Order of Lawyers is as follows:
a) The bastonary;
b) The president of the top council;
c) The chairman of the tax council;
d) The members of the top council, the general council and the tax council;
e) The chairpersons of the regional councils and the deontology boards;
f) The members of the regional councils and of the deontology boards;
g) The presidents of the delegations and the delegates.
Article 10.
Elective and temporary character of the exercise of social positions
1- Without prejudice to the set out in Article 62, the holders of the organs of the Order of the
Lawyers are elected for a period of three calendar years.
2-The mandates of the holders of the organs of the Order of Lawyers are renewable only
for once.
3-The impediment of renewal of the mandate referred to in the preceding paragraph shall not apply to the
mandate that has had a duration of less than one year.
4-The holders of any organ of the Order of Lawyers can only be elected to the
same body elapsed the period of a full term after the termination of duties
in the organ concerned.
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5-A Election for the post of bastonary is done simultaneously with the election for the
board general, being elected the list that gets more than half of the votes validly
expressed, not considering as such either the void or blank votes, and designated
as a bastonary the first candidate of the winning list.
6-If none of the competing lists the bastonary and general counsel get the number of
votes referred to in the preceding paragraph, the second suffrage proceeds, to be carried out by the
twentieth day subsequent to the first vote, to which to compete the two most lists
voted in the first suffrage.
7-A The election for the deontology councils is effected in such a way as to ensure the
proportional representation according to the method of the highest average Hondt.
8-It is not impediment to the application:
a) The bastonary, the fact that the candidate has belonged in previous terms of
general advice;
b) To a particular organ, the fact that the candidate has been a member of this in
previous mandates by inherency of functions.
Article 11.
Election of the holders
1-You may only be elected or assigned to any organs of the Order the lawyers with
enrolment in force and in the full exercise of their rights.
2-For the posts of bastonary, president and members of the top council, presidents
of the regional councils and presidents and members of the deontology councils alone
may be elected attorneys with at least 10 years of exercise of the profession and, for
the general council and for regional councils, lawyers with at least five years
of exercise of the profession.
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3-The provisions of paragraph 1 shall not apply to the official reviewer of accounts that integrate the council
tax, with enrollment in force on the professional public association's respective public association.
Article 12.
Submission of applications
1-Except as for delegations, the election for the organs of the Order of Lawyers
depends on the submission of application proposals in the face of the bastonary in exercise
by September 30 of the year immediately preceding that of the beginning of the triennium
subsequent.
2-The proposals for application to bastonarium, the higher council, the general council and the
tax advice are subscribed for a minimum of 500 lawyers with enrollment in
vigour, the proposals for applying for regional councils and deontology advice
of Lisbon and Porto are subscribed for a minimum of 200 lawyers with enrollment in
vigour, and the candidature proposals for the remaining regional councils and councils of
deontology are subscribed to by a minimum of 20 lawyers with enrollment in force.
3-The proposals for application to bastonarium and to the general council must be submitted
together, accompanied by the general lines of the respecting programme.
4-The proposals for application to the higher board, the tax council, the boards
regional and deontology councils should nominate the candidates for president of the
respect organ.
5-The signatures of the proposer lawyers must be authenticated by the board
regional, by the delegations of the area of professional domicile or by the court
judicial of the respected comarch, or be recognized by entities with legal competence
for the purpose, and be accompanied by the indication of the number of the professional ballot and
respects the issuing board, as well as the number, date and issuer of the
respects identification document.
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6-Application proposals must contain declaration of acceptance of all the
candidates, whose signatures must comply with the provisions of the previous number.
7-When no application is submitted for the organs whose election depends on
of such formality, the bastonary declares without effect the convenor of the assembly or the
respects agenda item of the day and, concomitantly, designates date for new meeting
within 90 a to 120 days.
8-A The submission of the application proposals takes place up to 30 days before the date
designated under the terms of the previous number.
9-In the situation provided for in paragraph 7, the members in office shall remain in office until the
taking possession of the new elected members.
10-If no list is submitted, the outgoing body presents one, with dispensation of the
set out in paragraph 2, within eight days after the perennial of the deadline for the
presentation of the lists in the general terms.
Article 13.
Date of elections
1-A Election for the various organs of the Order of Lawyers takes place between the days 15 and
November 30, on date to be designated by the bastonary.
2-The elections for bastonics, general counsel, top council, tax council,
regional councils and deontology councils take place always on the same date.
3-Electoral desks can subdivide themselves in electoral sections.
Article 14.
Vote
1-Without prejudice to the provisions of paragraph 7, only lawyers with enrollment in force and in the
full exercise of your rights have a right to vote.
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2-The vote is secret and compulsory, and may be exercised personally, by means
electro-trophic when provided for in the electoral regulation in force, or by
correspondence, directed, as the case may be, to the bastonary or to the chairman of the board
regional.
3-In the case of a mail-order vote the bulletin is closed in overwriting,
accompanied by letter with the signature of the voter authenticated or recognized by the
form referred to in Article 12 (5).
4-The lawyer who, without a justified reason, does not exercise his right to vote paid fine of
amount equal to twice the value of the monthly quotization, to revert to the Order of the
Lawyers.
5-A The justification of the lack must be submitted by the person concerned, regardless of
any notification, within 15 days of the date of the vote, by directed letter
to the regional board of respect.
6-In the lack of a presentation of justification, or in the event that this is considered
improcedant, there is place for payment of the fine referred to in paragraph 4 within the maximum period of 30
days after notification of the deliberation that determines its application.
7-The companies of professionals provided for in this Statute shall not have the right to vote.
Article 15.
Compulsory and gratuitousness of exercise of functions
1-Constitute duty of the lawyer the exercise of duties in the organs of the Order of the
Lawyers for having been elected or assigned, constituting a lack of disciplinary
refusal to take possession, save in the case of reasoned escuses, accepted by the council
higher or, as for delegates, by the regional board of respect.
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2-The exercise of office in the Order of Lawyers is free of charge, save the post of bastonary,
when in exclusive dedication, with suspension of your professional activity, ressalvated
the possibility of the bastonary being able to make interventions as a lawyer, as long as it does not
remunerated and in defence of the dignity of advocacy, the rule of law and rights
humans, and without prejudice to the right to travel allowance provided for in paragraph v ) from the
n Article 46 (1).
3-The provider of the customers can be remunerated, in the terms of the regiment respect.
Article 16.
Resignation to the office and temporary suspension of the exercise of duties
When it overcomes relevant reason, may the lawyer holder of office in the organs of the
Order of the Lawyers, upon reasoned request, to request the board of higher
acceptance of your resignation or the temporary suspension of the exercise of duties, save as
to the delegates, who ask it to the regional council for respect.
Article 17.
Loss of office in the Order of Lawyers
1-The lawyer elected or designated for the exercise of duties in organs of the Order of the
Lawyers must perform them with assiduity and diligence.
2-Loss the post the lawyer who, without a justified reason, does not exercise the duties
with assiduity and diligence or hinders the functioning of the organ of the Order of the
Attorneys to which belong.
3-A loss of office pursuant to this Article shall be determined by the organ itself,
by deliberation taken by three-quarters of the votes of the members ' respective respects.
4-A loss of the post of delegate depends on deliberation of the regional council that has it
designated, taken by a majority of three-quarters of the votes of the members ' respective respects.
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Article 18.
Effects of disciplinary sanctions on the exercise of posts
1-The mandate for the exercise of any elective office in the Order of Lawyers lapses
where the titular respect is punished disciplinarily with a penalty higher than that of
warning and by effect of the irrestability of the respect decision.
2-In the event of a preventive suspension or disciplinary decision to be brought into an interim
resource, the punished incumbent shall be suspended from the exercise of duties until the decision does not
be liable to appeal.
Article 19.
Replacement of the bastonary
1-In the case of escusa, resignation, loss or expiry of the mandate on disciplinary grounds
or in the case of death or permanent impediment of the bastonary, the first deputy
chairman of the general council takes over the job.
2-In the case of permanent impediment, the top council and the general counsel, in
joint meeting, convened by the president of the top council, deliberates
beforehand on the verification of the fact.
3-Up to the possession of the new bastonary and in all cases of temporary impediment,
exercises the duties, successively, the first vice president, the second
vice president or the third vice president of the general counsel, haventhem, and, in the absence
of these, the member chosen for the purpose by the general counsel.
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Article 20.
Replacement of the presidents of the collegiate bodies of the Order of Lawyers
1-In the case of escusa, resignation, loss or expiry of the mandate on disciplinary grounds
or death, and still in the cases of permanent impediment of the presidents of the organs
Collegians of the Order of Lawyers, the first vice president is the new president and,
of among the eligible lawyers enrolled in the competent frames of the Order of
Lawyers, designates a new member of the said organ.
2-The replacement provided for in this Article shall apply to the provisions of paragraph 2 of the preceding Article
as to the prior verification of the impeditive fact.
3-Until the inauguration of the new President and in all cases of temporary impediment,
exercises the duties of president, successively, the first vice president, the
second vice-president or the third vice president, haventhem, and, in the absence of these, the
vowel that comes to be elected by the members of the body concerned.
4-With respect to the replacement, for any reason, of the Presidents of the Councils of
deontology, the provisions of Article 10 (7) shall apply.
Article 21.
Replacement of the remaining members of collegial bodies
1-In the case of escusa, resignation, loss or expiry of the mandate on disciplinary grounds
or by death, and still in the cases of permanent impediment of the members of the organs
Collegians of the Order of Lawyers, to the exception of the presidents, are the substitutes
designated by the remaining members in exercise of the respective organ, from among the
eligible lawyers enrolled in the competent frameworks.
2-The replacement provided for in this Article applies to the provisions of Article 19 (2)
as to the prior verification of the impediment fact and, with regard to the advice of
deontology, the provisions of Article 10 (7).
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Article 22.
Temporary impediment
1-In the case of temporary impediment of some member of collegial bodies, the organ to
which belongs to the prevented decides on the verification of the impediment and determines its
replacement.
2-A The replacement of the bastonary and the chairmen of the collegial bodies processes in the
an established form, respectively, in Article 19 (3) and in Article 20 (3).
3-A The replacement of the remaining members with specific office, when necessary, is
determined by the organ respects.
4-A The temporary replacement of the delegates is decided by the respected regional council.
Article 23.
Mandate of substitutes
1-In cases provided for in Articles 19 to 21, the substituted, elected or
designated, carry out duties until the expiry of the mandate of the predecessor's respective respects.
2-In cases of temporary impediment, substitutes carry out functions for the period of
time corresponding to the duration of the impediment.
Article 24.
Honours and treatments
1-In the official ceremonies, the bastonary of the Order of Lawyers has honours and
treatments identical to those due to the Attorney General of the Republic, being placed
immediately to your left.
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2-For the effects provided for in the preceding paragraph:
a) The chairman of the top council, the members of the general council and the
top council, the chairman of the tax council and the presidents of the
regional and deontology councils are equated with advisor judges;
b) The members of the regional councils and the deontology councils are
similar to the disembargoer judges;
c) The members of the delegations, the delegates and the remaining lawyers are
equated with the judges of law.
3-The lawyer who exercises or there is exercised office in the organs of the Bar of Lawyers
has a right to use the corresponding insignia, in the terms of the respect of the regulation.
4-The lawyer who performs or has performed duties on the boards of
Order of Lawyers or in the Welfare Box of Lawyers and Solicitors,
as long as you find yourself in the exercise of the posts and in the subsequent six years, it is exempt
of the duty to provide any officious appointment services.
5-In case of justified need, the regional council can make ceasing exemption
predicted in the previous number.
Article 25.
Honorary titles
The lawyer who has exercised office in the organs of the Order of Lawyers retains
honorarily the title corresponding to the highest office that there is exercised.
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Article 26.
Referendum
1-Lawyers may be called upon to comment, at the national level and by title
binding or consultative, on matters of the competence of the general assembly, of the
bastonary or the general council, which should be approved by regulation or
decided by concrete act, excluded the issues of a disciplinary nature or afim and of
financial nature.
2-The referendum is convened by the bastonary, after authorization from the general meeting, under
initiative of the bastonarium itself, by deliberation of the general assembly or at the request of a
tenth of the attorneys enrolled in the Order of Lawyers.
3-In case so result from the referendum, the standard in question should be adopted or the act
corresponding practiced, by the competent body, within the maximum period of six months.
4-The standards approved and the acts practiced that would counter a binding referendum no
produce effects in the three years following its realization, save new referendum.
5-The referendum regime is approved by regulation of the general assembly.
SECTION II
Congress of Portuguese lawyers
Article 27.
Constitution
1-The congress represents all attorneys with enrollment in force, the lawyers
fees and still former attorneys whose enrollment has been cancelled by effect
of reform.
2-Can be invited as delegated observers from legal associations
national and foreign and of professional organizations of lawyers from other countries.
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3-The members of the top, general, regional and deontology boards, delegations and
the delegates participate in the congress, by the title of observers, and in that
quality, intervene in the discussion without right to vote.
Article 28.
Competence
It is incumbent upon the congress to deal with and pronounce on:
a) The exercise of advocacy, its status and guarantees;
b) The administration of justice;
c) The rights, freedoms and guarantees of citizens;
d) The improvement of the legal order in general.
Article 29.
Organization
1-The congress is organized by a commission of honor, an organizing committee and
a secretariat.
2-The organizing committee competes in the drafting of the congress regiment and the
respect program.
3-Compose the commission of honour, which is chaired by a holder of a body of
sovereignty at the invitation of the bastonary, the former bastonaries, the honorary attorneys, the
attorneys who have been awarded the gold medal or the medal of honour
of the Order of Lawyers, the President and Vice-Chairmen of the top council, the
presidents of the deontology boards and, still, national personalities or
international of recognized legal merit and cultural and scientific prestige.
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4-Compose the organizing committee of the congress the bastonary, which presides, a
representative designated by each of the boards of the Bar of Lawyers, the
former bastonaries and the honorary attorneys and, still, in the case that the congress is
convened under the terms of the ( b) of Article 32 (1), two representatives
designated by the attorneys who request their achievement.
5-The secretariat of the congress is the executive body of the organizing committee.
Article 30.
Participation and vote
1-Lawyers are represented by delegates to the congress, elected especially for
the effect, in the area of the respective regional councils.
2-The number of delegates by regional council is proportional to the number of lawyers
enrolled in the respective council, and shall correspond to at least one delegate per
each 100 attorneys with enrollment in force, in the terms to be fixed in the regiment of the
congress.
3-If you run more than one list for delegates, the representative composition of each
regional council is proportional to the number of votes obtained by each of the lists.
4-A voting in the congress is individual by each delegate present.
5-The bastonary of the Order of Lawyers has, by inherence, right to vote.
6-Elections provided for in paragraph 1 shall be held, with the necessary adaptations, in the terms
of Articles 11 to 13.
Article 31.
Convocation and preparation
1-The Portuguese attorneys ' congress is held, ordinarily, from five in five
years.
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2-The congress is summoned by the bastonary with a minimum advance of four
months, by the fixed form for the convening of the general assemblies.
3-In the two months following the convocation, the bastonary promotes the constitution of the
organizing committee of the congress, which proceeds to the elaboration of the regiment and, having
into account the suggestions made by the lawyers and bodies of the Order of Lawyers,
establishes the respective programme, from which the topics to be discussed must appear.
Article 32.
Extraordinary Congress
1-Can be checked the achievement of extraordinary congress, which depends:
a) Of deliberation, under proposal of the bastonary, heard the top council, taken
at a meeting of the general council by a two-thirds majority of the votes cast
by the members in office;
b) From requirement of the tenth part of the lawyers with enrolment in force, the
simultaneously indicate their representatives in the organizing committee of the
congress and the themes they want to debate.
2-To the realization of extraordinary congress is applicable, with the necessary adaptations, the
willing in the previous articles.
SECTION III
General assembly
Article 33.
Constitution and competence
1-A The general meeting of the Bar Association consists of all lawyers with
enrollment in force.
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2-At the general meeting it is up to you to deliberate on all matters that are not
understood in the specific competences of the remaining organs of the Order of the
Lawyers, and still about:
a) The approval of the budget and plan of activities of the Order of Lawyers;
b) The approval of the report and accounts of the Order of Lawyers;
c) The approval of projects to amend this Statute;
d) The approval of the regulations provided for in this Statute;
e) The approval of quotas and fees;
f) Subjects of the competence of the bastonary or general council, which are to them
submitted, for decision, by the competent body competent.
Article 34.
Meetings of the general meeting
1-A general meeting shall convenor ordinarily for the election of the bastonary, of the general council,
of the top council and the tax council, for the discussion and approval of the budget and
Plan of activities of the Order of Lawyers and for discussion and voting of the report and
Accounts of the Order of Lawyers.
2-A General assembly meets extraordinarily always that the superior interests of the
Order of the Lawyers advises him and the bastonary the convoque.
3-The bastonary shall convene the extraordinary general meeting when it is
requested by the top council, by the general counsel or by the tenth part of the
lawyers with the enrollment in force, provided that it is lawful the object of the convocation and
consex with the interests of the profession.
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Article 35.
Meeting of the ordinary general meeting
1-A ordinary general meeting for election of the bastonary, general council, council
higher and from the tax council meets for the effects provided for in Article 13.
2-A General assembly aimed at the discussion and approval of the budget and plan of
Activities of the Order of Lawyers gathers until the end of the month of November of the year
previous to that of the exercise to which it relates.
3-A General Assembly intended for the discussion and voting of the report and accounts of the Order of the
Lawyers perform until the end of the month of April of the year immediate to that of the financial year
respect.
Article 36.
Convocations
1-General assemblies are summoned by the bastonary by means of advertisements in which
is stated in the order of works, published on the portal of the Order of Lawyers with, by the
less, 30 days in advance in relation to the date designated for the meeting of the
assembly that takes place at the seat of the Order of Lawyers.
2-Up to 20 days prior to the designated date for the meeting of the assemblies to which the
n. paragraphs 2 and 3 of the previous article, is communicated to all lawyers with enrollment in
vigour that budget and report projects and accounts are available
for consultation on the portal of the Order of Lawyers, and the respect copies may be
sent by mail upon request from the lawyer.
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3-With the summoning notices of general assemblies whose order of work
understand the holding of elections are sent the voting bulletins corresponding to
all applicants admitted, without prejudice to the possibility of determining the
realization of the voting exclusively by means of electronica, with dispensation of the sending of such
bulletins.
4-For the purpose of validity of the deliberations of the general meeting, they are only considered
essential the formalities of the convocation referred to in paragraph 1.
Article 37.
Right to vote
1-The vote in the general assemblies is optional, save if for elective purposes and for the purposes
provided for in Article 35 (2) and (3).
2-The vote, when optional, cannot be exercised by correspondence, being, in the
however, admissible the proxy vote in favour of another lawyer with enrollment in
vigour.
3-A proxy appears in certified digital communication or letter addressed to the
bastonic with the signature of the mandant, authenticated or recognized by the form
referred to in Article 12 (5).
4-Lawyers residing in the autonomous regions may exercise the right to vote by
correspondence in all ordinary general assemblies.
Article 38.
Enforceability of deliberations
The enforceability of the deliberations of the general assemblies depends on prior hangings
budget or an extraordinary credit granting duly approved.
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SECTION IV
Bastonary
Article 39.
President of the Order of Lawyers
The bastonary is the president of the Order of the Lawyers and, by inherence, president of the
congress, the general assembly and the general council.
Article 40.
Competence
1-Compete to the bastonary:
a) Represent the Order of Lawyers in judgment and outside of it, specifically
in the face of the organs of sovereignty;
b) Represent the integrated institutes in the Order of Lawyers;
c) Directing the services of the Order of Lawyers of national scope;
d) Ensure compliance with the legislation concerning the Order of Lawyers and
respect for regulations and to ensure that they carry out their assignments;
e) Make the deliberations of the general meeting, of the upper council and of the
general counsel, follow up on the recommendations of the congress and adopt the
standard in question or practice the corresponding act approved in a referendum
case be of your competence;
f) To promote the collection of the revenue of the Order of Lawyers, authorize expenditure
budget and promote the opening of extraordinary credits, when
necessary;
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g) Present annually to the general council the budget and plan projects of
activities of the general council and the Order of Lawyers for the calendar year
next, the accounts of the previous calendar year and the respect for the report;
h) Promote, on its own initiative or upon request from the councils of the
Order of Lawyers, the acts necessary to the sponsorship of the lawyers or
for the Order to constitute an assistant, pursuant to the terms set out in paragraph 2 of the
article 5;
i) Commit to any organ of the Order of Lawyers or to the respects
members to draw up opinions on any matters that matter to the
attributions of the Order;
j) Chair of the drafting committee of the magazine of the Bar of Lawyers or indicate
lawyer of recognized competence for such duties;
k) Watch, wanting, the meetings of all the collegiate bodies of the Order of the
Lawyers, only having the right to vote at the meetings of the congress, of the assembly
general and general counsel and in the joint meetings of this with the council
top;
l) Use the quality vote, in the event of a tie, in all collegiate bodies to
which preside;
m) Resolving conflicts of competence between regional councils and delegations that
do not belong to the same region;
n) Deciding the interposed resources of decisions on secrecy dispensation
professional;
o) Deciding the interposed resources of decisions on escuses and dispensations from
officious sponsorship;
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p) Interacting appeal to the top council of the deliberations of all the organs
of the Order of Lawyers, including the general counsel, which judges contrary to the
laws and regulations or the interests of the Order of Lawyers or of their
members;
q) Exercise in urgent cases the competences of the general council;
r) Exercise the remaining functions that the laws and regulations confirm to you.
2-The bastonary can delegate to any member of the general council any of the
your competences.
3-The bastonary may, with the agreement of the general council, delegate the representation of the Order
of the Lawyers or assign duties specifically determined to any lawyer.
4-The bastonary can still consult the former bastonaries, individually or in
meeting by him presided, and delegating them to their representation, tasking them with roles
specifically determined.
SECTION V
President of the top council
Article 41.
Competence
Compete for the president of the top council:
a) Resolve conflicts of competence between deontology advice;
b) Diligeny in the amicable resolution of unintelligences among enrolled lawyers
in different regions;
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c) Diligenate in the amicable resolution of unintelligences among lawyers who
exercise or have exercised functions of bastonary, chairman of the board
top, members of the general council or the top council, presidents of the
regional councils, chairs of the deontology councils and members of the
regional councils and the deontology boards;
d) Represent the Order of Lawyers in the scope of the Board's assignments
top;
e) To ensure compliance with the legislation concerning the Order of Lawyers and
respects regulations, as well as for the fulfilment of the competences that
are conferred on you;
f) Commit to the members of the board of the above board the drafting of opinions on
subjects which are of interest to the purposes and tasks of the Order of Lawyers;
g) Use of quality vote, in the event of a tie, in council deliberations
top;
h) In case of urgency and manifest impossibility to bring together, exercise the
competence assigned to the higher board, and shall give knowledge to the
even at the first following meeting;
i) Exercise the remaining assignments that the law or regulations confirm to you.
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SECTION VI
Top board
Article 42.
Composition
1-The top council is the supreme court of the Order of Lawyers,
made up of the president, with a vote of quality, by two to five vice-presidents and
per 15 a to 18 vowels, depending on the number of vice-presidents, being at least five
enrolled by the region of Lisbon, four by the Port region and four by the remaining
regions.
2-In the first session of each triennium, the council elects, from among its vowels, one or
more secretaries and a treasurer.
Article 43.
Full and sections
1-The top council meets in plenary session and by sections, each of them constituted
by seven members.
2-The president of the top council presides over the plenary sessions and can participate, with
right to vote, in the meetings of the sections, which are chaired by each of the deputy
presidents.
3-Whenever the president of the top council is not present, the vote of quality
attends the vice president who is preside at the meeting.
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Article 44.
Competence
1-Compete to the top council, gathered in plenary session:
a) Judging the intersted appeals of the decisions of the sections referred to in points b ) and
and ) of paragraph 3;
b) Judging the resources of the deliberations of the general council, regional councils and
of the advice of deontology;
c) Judging the disciplinary processes in which the bastonary, old
bastonaries and current members of the higher board or general counsel;
d) Deliberating on requests for escusa, waiver and temporary suspension of
job title, pursuant to Articles 15 and 16, and judging the resources of the decisions of the
organs of the Order of Lawyers who determine the loss of office of
any of its members or declare the verification of impediment to the
your exercise;
e) Deliberating on impediments and loss of the office of its members and suspending-
them preventively, in the event of a lack of disciplinary, in the course of the respect
process;
f) Set the date of the elections for the various bodies of the Bar of Lawyers,
when this is not the competence of the bastonary;
g) Convene general assemblies and regional assemblies, when it has been
exceeded the deadline for the convocation;
h) Elaborate and approve your own regiment;
i) Draw up proposal for a regulation of the lauds on fees;
j) Draw up proposal for disciplinary regulation;
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k) Standardize the acting of the deontology boards.
2-Compete to the top council and to the general council, in joint meeting:
a) Judging the resources of the deliberations on loss of office and exoneration of the
members of the top council and the general council;
b) Deliberating on the resignation to the post of bastonary;
c) Deliberating on the conflicts of competences between national and regional bodies
and standardize the acting of the same.
3-Compete to the sections of the top council:
a) Judging the resources of the deliberations, in disciplinary matters, of the councils of
deontology;
b) Ratify the expulsion sanctions;
c) Instruct the processes in which bastonary, ancient bastonaries are argued and
current members of the top council and the general council;
d) Instruct and judge, in the first instance, the processes in which the defendants are argued
former members of the top council and the general council and the old or
current members of the regional councils and the deontology boards;
e) Give laude on fees, when requested by the courts, by the others
advice or, in relation to the respective bills, by any lawyer or your
representative or any consulate or constituent.
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SECTION VII
General advice
Article 45.
Composition
1-The general council is chaired by the bastonary and composed of two to five vice-
presidents and 15 a to 18 vowels, depending on the number of vice-presidents, elected
directly by the general assembly, being at least five lawyers enrolled by the
region of Lisbon, four by Porto and five by the remaining regions.
2-In the first session of each triennium the general council elects, from among its vowels, a
or more secretaries and a treasurer.
3-The bastonary may convene for the meetings of the general council the presidents of the
regional councils, which have, in this case, right to vote and can make themselves represent
by a member of the respecting board.
Article 46.
Competence
1-Compete to the general council:
a) Define the position of the Order of Lawyers before the organs of sovereignty and
of the Public Administration in what to relatise with the defence of the State of
right, of rights, freedoms and guarantees and with the administration of justice;
b) Issue opinion on the projects of legislative diplomas that are of interest to the
exercise of advocacy and judicial sponsorship in general;
c) To propose the legislative changes that are understood to be convenient;
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d) Deliberating on all matters respecting the exercise of the profession, the
interests of lawyers and the management of the Order of Lawyers who are not
specially committed to other organs of the Order, without prejudice to the provisions of
in Article 33 (2);
e) Proceed to the enrolment of the lawyers and trainee lawyers, tramway
preparatorially by the competent regional councils, and keep updated
the respective general tables, such as those of the honorary lawyers;
f) Draw up and approve your own regiment and the regiment of the provider of the
customers;
g) Draw up proposals for regulations for enrolment of Portuguese lawyers,
regulation of registration and enrolment of lawyers from others
States, regulation of enrolment of the trainee lawyers, regulation of
internship, continuing education and specialized training, with inherent
assignment of the title of expert lawyer, regulation of enrolment of
jurists of recognized merit, masters and other Doctors in Law,
regulation on customers ' funds, regulation of secrecy dispensation
professional, suit regulation and professional insignia and the oath to
provide for the new lawyers;
h) Elaborate and approve the remaining unforeseen regulations in the present
Status, specifically the regiments of the various institutes and commissions;
i) To elaborate and approve the internal regulation of the services of the Order of the
Lawyers, including those relating to the assignments and skills of their staff
and those relating to the hiring and dismissal of the staff of the Order of the
Lawyers;
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j) Formulate recommendations in such a way as to seek to standardize, as possible, the
acting from the various regional councils;
k) Discuss and approve the opinions of its members and those requested by the
bastonary to other lawyers;
l) To propose the value of quotas and fees payable by lawyers;
m) Fix the emoluments due by the issuance of documents or practices of acts
within the scope of services of the Order of Lawyers;
n) Appoint the lawyers who, in representation of the Order of Lawyers,
must integrate any possible or permanent commissions;
o) To name the directions of the institutes set up within the Bar of Lawyers;
p) Appoint commissions for the execution of tasks or studies on matters of
interest of the Order of Lawyers;
q) Submit to the approval of the general assembly the budget and plan of activities
for the following calendar year, the accounts of the previous calendar year and the respective report
on the annual activities that are presented by the bastonary;
r) Open extraordinary credits when it is manifestly necessary;
s) Collect the general revenues of the Order of Lawyers when collection does not
belongs to the regional councils or the delegations and those of the institutes
belonging to the Order of the Lawyers and to authorize expenses, both account of the
general budget of the Order as of extraordinary credits;
t) Raise and distribute recipes, meet the expenses, accept donations and legacies
made to the Order of Lawyers and administer them, if they are not intended for
services and institutions directed by any regional council or delegation,
divest or burdening goods and borrowing;
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u) Provide sponsorship to the lawyers who hajam been offended in the exercise of their
profession or because of her, when for this to be requested by the respect
regional council or delegation and, without reliance on such solicitation, in case
of urgency or if the offending lawyers belong to or have belonged
to the top council or to the general council;
v) Fix the travel allowances of the members of the councils;
w) Deliberating on whether to initiate or defend in any court procedures
concerning the Order of Lawyers and on confession, desistance or transaction
the same;
x) Approve transfers of monies and other extraordinary credits voted
by the general council itself, the regional councils and the delegations;
y) Deliberating on the holding of the Portuguese lawyers ' congress;
z) Confer the title of honorary lawyer to lawyers who have left the
advocacy after the havation exercised distinctly for 20 years, by the
less, and if they have pointed out as eminent jurists;
aa) Award the medal of honour of lawyers to national citizens or
foreigners who have provided relevant services in the defence of the State of
right or to advocacy;
bb) Approve the social pacts of the lawyers ' societies provided for in the present
Statute;
cc) Exercise the remaining assignments that the laws and regulations confirm you.
2-The general council may commit to any of its members the skills indicated
in the previous number.
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Article 47.
Meetings
The general council brings together when convened by the bastonary, on the initiative of this or
upon request, in writing, of the absolute majority of its members, at least one
time by month.
SECTION VIII
Tax advice
Article 48.
Composition
The tax council consists of a president, two vowels and an official reviewer of
accounts.
Article 49.
Competence
1-Compete to the tax council:
a) To monitor and monitor the financial management of the Order of Lawyers;
b) Appreciate and issue opinion on the budget, report of activities and accounts
Annual of the Order of Lawyers;
c) To scrutinize the organization of the accounting of the Order of Lawyers and the
compliance with the legal provisions and regiments, in the budgetary areas,
accounting and treasury, informing the top council and the general counsel
of any deviations or anomalies that verify;
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d) Pronounce on any subject of interest to the Order of the
Attorneys, in the budgetary, accounting, financial and tax fields, that is
subjected to its appreciation by the bastonary, the higher council or the
general advice.
2-In view of the appropriate performance of the respective duties, the tax council may
request:
a) To the other organs, all the necessary information and clarifications to the
performance of these functions;
b) To the bastonary, the convening of joint meetings with the general council, to
consideration of issues understood within the scope of their competences.
Article 50.
Meetings of the tax council
The tax council meets, ordinarily, quarterly and, extraordinarily, always
who is summoned by the respected president, on his initiative, at the request of any of the
board members or the request of the bastonary, the top council or the board
general.
SECTION IX
Regional assemblies
Article 51.
Constitution and competence
1-In each region operates a regional assembly consisting of all lawyers
inscribed by that region and with the inscription in force.
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2-Compete to regional assemblies:
a) Approve your regiment;
b) Elect the regional councils and the deontology boards;
c) Approve the activities plan and the budget proposal to be considered in the
Budget of the Order of Lawyers for the following year, such as the report
of activities and accounts of the regional councils;
d) Exercising the remaining powers provided for in the law.
Article 52.
Meetings
1-Regional assemblies meet ordinarily for the election of the respective councils
regional and deontology, as well as for discussion and approval of the budget and plan
of activities of the regional councils and of the respected accounts and activity report.
2-The regional assemblies are convened and presided over by the respected president of the
regional council.
3-The convening and operation of the regional assemblies shall apply, with the necessary
adaptations, the regime established in Articles 34 to 37.
SECTION X
Regional councils
Article 53.
Constitution
1-In each of the regions referred to in Article 2 (1), a regional council operates.
2-Each regional council is composed of a president, to which he assists vote of
quality.
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3-Each regional council elects a vice president, to the exception of regional councils of
Lisbon and Porto that elect, respectively, three and two vice-presidents, being still
elected 17 vowels for the councils of Lisbon, 14 from Porto, nine from Coimbra, six from
Évora, five from Faro, four from Madeira and four from the Azores.
4-Each regional council elects, at the beginning of the triennium, the vowels of the council that
play the posts of secretary and treasurer.
Article 54.
Competence
1-Compete to the regional council, within the framework of its territorial competence:
a) Define the position of the regional council in what to relatise with the defence of the
Rule of law and rights, freedoms and guarantees, transmitting it to the
general advice;
b) Issuing opinions on the projects of legislative diplomas that are of interest to the
exercise of advocacy and judicial sponsorship in general, when this is
requested by the general council;
c) To ensure the dignity and independence of the Order of Lawyers and to ensure the
respect of the rights of lawyers;
d) Send to the general counsel, in the month of November of each year, reports on the
administration of justice, the exercise of advocacy and the relations of this with the
judicial magistratures and with the Public Administration of the area respecting area
territorial;
e) Cooperate with the other organs of the Order of Lawyers and their commissions in
pursuit of the respective assignments;
f) To comment on the issues of a professional nature;
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g) Take, when necessary, the arrangements taken by appropriate ones in relation to
all the existing professional documentation in the lawyer's office with
enrollment in force, in cases where this one fails or is declared an interdict;
h) To promote the initial and ongoing training of lawyers and trainee lawyers,
specifically by organizing or sponsoring lectures and study sessions;
i) Submit to the approval of the regional assembly the budget and the plan of
activities for the following calendar year and the accounts of the previous year, as well as the
respects report of activities;
j) Deliberating on the installation of unmanaged services and institutes
directly by the general council and relating to the region's respect;
k) Receive from the general council the party that kayaks you in the contributions of the
lawyers for the Order of Lawyers, directly charge the prescriptions
own from the services and institutes to their office and to authorize expenditure, pursuant to the
budget and extraordinary credits;
l) Receive and trample the inscriptions of the attorneys and the
trainee lawyers;
m) Convene comarch assemblies when the deadline has been exceeded for the
respect convocation and take the remaining necessary arrangements to ensure
the permanent operation of the delegations;
n) Coordinate the activity of delegations and, in the absence of these, appoint delegates;
o) Appoint lawyer to the person concerned that lho solicits for not finding who to accept
voluntarily its sponsorship and notify that appointment, as soon as it carried out,
to the applicant and the appointed lawyer;
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p) Judging the escuses that the lawyer appointed in the terms referred to in the preceding paragraph
eventually random, and that should require within the 48 hours counted from the
notification of your appointment or of the supervenient fact that you founded it;
q) Deliberating on the request for escusa, waiver and temporary suspension of the
job title, pursuant to Articles 15 and 16, with respect to delegates of the
respects region;
r) Elaborate and approve the regiment of the regional council's respected and the relative to the
assignments and competences of its staff;
s) Request information from the results of the inspections effected to the courts,
services of the Public Prosecutor's Office, officers of justice and registration services and
notariat installed in the area of its territorial competence;
t) Apply the fines referred to in Article 14 (4);
u) Exercising the skills conferred on it by law relating to the processes of
illicit procuratorate in the area of its region;
v) Exercise the remaining assignments that the laws and regulations confirm you.
2-The regional council can delegate any of its competences in some or some
of its members, and may these operate in committee.
3-Orunning the situation provided for in the preceding paragraph, any of the members may, by
your initiative or immediately after the vote in committee, raise the ratification of the
decision or deliberation by the full council, in which case this avocus a
competence that has delegated.
4-The regional council may also delegate to the delegations or delegates some or
some of its competences and deliberating the allocation of budgetary allocations to
certain delegations.
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5-The provisions of the preceding paragraph may be applied to groupings of delegations
constituted in the terms of the provisions of Article 63.
SECTION XI
Presidents of regional councils
Article 55.
Competence
1-Compete to the chairman of the regional council, within the framework of its territorial competence:
a) Represent the Order of Lawyers in the scope of the Board's assignments
respect regional;
b) Represent the integrated institutes in the Order of Lawyers who exercise
activities only in the respect region;
c) Administer and direct the services of the regional council;
d) Ensure compliance with the legislation concerning the Order of Lawyers and
respect regulations and to ensure the fulfilment of the assignments that are given to it
conferred;
e) To promote the collection of revenue from the regional council;
f) Present annually, by the end of the month of August, the draft budget and
the activity plan for the following calendar year and, by the end of March, the accounts of the
previous calendar year and the respect report;
g) Convene and chair the meetings of the regional assembly and the regional council;
h) Use of quality vote, in the event of a tie, in council deliberations
regional;
i) Watch, wanting, the meetings of the section assemblies and the delegations, without
right to vote;
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j) Resolve conflicts of competence between delegations of the respective region;
k) Extend the probationary period of the trainee lawyers, under the terms provided for
in this Statute;
l) Authorize the disclosure of facts covered by the duty to guard secrecy
professional, when this is required, in the terms provided for in the present
Statute;
m) Decide on the requests for escuses and dispensation of officiating patronage,
presented by lawyers and trainee attorneys of the region's respective region;
n) Grant the authorisation to which Article 93 (2) is reported;
o) In case of urgency and manifest impossibility to bring together, exercise the
competence assigned to the regional council, and shall give knowledge of the fact
at the same at the first following meeting;
p) Exercise the remaining assignments that the law and the regulations confirm to you.
2-The chairman of the regional council may delegate to one or more Vice-Presidents a
competence provided for in ( k) of the previous number.
3-The chairman of the regional council may, still, delegate any of his remaining
competencies in some or some of its members, as well as in delegations or in the
respects delegates, and the members with delegated powers may function in
commission.
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SECTION XII
Advice of deontology
Article 56.
Composition
1-In each of the regions referred to in Article 2 (1), works a council of
deontology, composed of the president, with a vote of quality, by a vice president,
with the exception of the councils of Lisbon and Porto, which elect, respectively, three and
two vice-presidents, and for another 16 vowels in Lisbon, 12 in Porto, eight in Coimbra and
three in Évora, Faro, Madeira and Azores.
2-In the first session of the mandate the council elects, from among the vowels, a secretary and a
treasurer.
Article 57.
Health
1-The deontology councils of Lisbon, Porto and Coimbra work,
respects, in four, three and two sections, constituted, each, by five
members, owing the first to be chaired by the chairman of the board and the remaining
by the vice-presidents.
2-A The composition of the sections is set at the first session of each term.
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Article 58.
Competence
It is incumbent on the advice of deontology:
a) Exercising the disciplinary power in the first instance and instructing and judging the processes
of inidoneity enquiries for the exercise of the profession in respect of
lawyers and trainee attorneys with a professional domicile in the area of
respects region, with the exception of cases in which these competences are
assigned to the above board, pursuant to the provisions of Article 44;
b) Ensure compliance, on the part of the lawyers and trainee lawyers with
professional domicile in the area of the area of the region, of the standards of deontology
professional, and may, regardless of complaint and on their own initiative,
when they deem it justified, conduct inquiries and summon for statements
the said lawyers, with the end of aquilataing of compliance with the said
standards and promote disciplinary action, if it is the case;
c) Submit to the approval of the regional assembly the budget for the calendar year
next and the accounts of the previous year, as well as the respected report of
activities;
d) Exercise the remaining assignments that laws and regulations confirm to them.
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SECTION XIII
Presidents of the deontology councils
Article 59.
Competence
1-Compete to the presidents of the deontology boards:
a) Administer and direct the services of the respectable deontology boards;
b) Convene and chair the meetings;
c) Commit to the members of the respective council of deontology the elaboration of
opinions on subjects referring to professional ethics and deontology;
d) Diligenate in the sense of amicably solving the unintelligences between
attorneys for the respective region;
e) In case of urgency and manifest impossibility to bring together, exercise the
competence assigned to the council of deontology, and shall give knowledge
of the fact to the same at the first following meeting;
f) Use of the quality vote, in the event of a tie, in deliberations of the board of
deontology;
g) Exercise the remaining assignments that the laws and regulations confirm you.
2-The chairman of the deontology council may delegate to any of the members of the
respect for the competences referred to in points d) a g) of the previous number.
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SECTION XIV
Delegations
Article 60.
Section assemblies
1-In each central, local or proximity instance section and in which there is, by the
less, 10 attorneys enrolled, works a section assembly consisting of
all attorneys enrolled by the respected section.
2-In the central instance sections that are home to region, the regional council respects
deliberates on the operation of the Chamber of Section, in the terms of the number
previous.
3-The section assemblies meet ordinarily for the election of the respective delegation.
4-Section assemblies are convened and presided over by the respected President of the
delegation or, in the absence of this, by the delegate of the Order of Lawyers in the section.
5-The convocation and operation of the section assemblies shall apply, with the
necessary adaptations, the regime established in Articles 34 to 37.
Article 61.
Delegation
1-In each central, local, or proximity instance section where it can be
consists of the assembly, operates a delegation composed of a chairman and by
plus two to four members, being a secretary and a treasurer.
2-In the sections with more than 100 attorneys enrolled, the delegation may be composed of
a maximum of eight members, in addition to the president, upon deliberation of the assembly
of section.
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3-A The election for the delegation does not depend on the submission of applications.
Article 62.
Delegates of the Order of Lawyers
1-In the central, local or proximity sections of instance where it cannot be constituted
the section assembly for lack of the legal minimum number of lawyers listed therein, there are
a delegate of the Order of Lawyers appointed by the respected regional council, from
among the lawyers enrolled by that section.
2-The delegate is also appointed by the regional council when the Chamber of Section
do not proceed to the election of the respected delegation.
3-Section assemblies are convened and presided over by the respected President of the
delegation or, in the absence of this, by the delegate of the Order of Lawyers in the section.
4-The convocation and operation of the section assemblies shall apply, with the
necessary adaptations, the regime established in Articles 34 to 37.
Article 63.
Groupings of delegations
1-A area of intervention and tutelage of certain delegations may include others
delegations or delegates from a particular territorial circumscription, created or
modified under the aegis of the regional council.
2-Clusters of delegations shall:
a) Possess functional physical and administrative structures;
b) Meet regularly with the remaining groupings of existing delegations in the
corresponding regional council, as well as with the delegations and delegates of the
your areas of intervention;
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c) Draw up proposals for appreciation and deliberation of the respective councils
regional and, eventually, have a seat and vote at the meetings of these bodies;
d) Present the budgets and reports of accounts and activities to the boards
regional for approval, in accordance with the needs and priorities of its
areas of intervention, heard the delegations and the delegates of their
constituencies.
3-Clusters of delegations can promote meetings at the level of the various councils
regional, or even at the national level, for discussion and approval of conclusions and
proposals to be submitted to the organs of the Order of Lawyers, through the boards
regional.
Article 64.
Competence of groupings of delegations, delegations and delegates
1-Compete to the groupings of delegations or, when these do not exist, to delegations
or to the delegates of the Order of Lawyers, in respect of the territorial area:
a) Keep up to date the framework of the lawyers and trainee lawyers enrolled by the
section;
b) Addressing the conference of lawyers and the study sessions and, with the collaboration
of other delegations or delegates, the conferences that in common have
organized;
c) Present annually to the regional council, for discussion and voting, the
budget and the activities plan of the delegation as well as the accounts of the year
previous and the respect report of activities;
d) Receive and administer the appropriations allocated to it by the general council and
regional and own revenues;
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e) To provide the remaining bodies of the Order of Lawyers to the collaboration that
is requested and punctually fulfils the deprecated respects;
f) Managing the bar rooms in the buildings of the courts;
g) Exercise the remaining powers that the law and regulations confirm to them.
2-Compete still to the groupings of delegations or, when these do not exist, to the
delegations or delegates to exercise the skills that have been delegated to them
by the regional council or the chairman of the regional council, specifically:
a) To promote the creation and installation of legal consultation offices, as well as
exercise the remaining functions in the scope of access to law;
b) Issue the forensic employee ID cards in the area of the respect
section;
c) Receive complaints from colleagues about the functioning of the courts and, if
pertinent, channel them to the higher organs of the Order of Lawyers a
end of being sent to the competent entities;
d) Request information from the results of the inspections carried out to the courts,
services of the Public Prosecutor's Office, officers of justice and registration services and
notariat installed in the area of its territorial competence;
e) Proceed to the creation of core support for the training of lawyers and lawyers
trainees;
f) Creating and developing the appropriate means of combating the illicit procuratorate, without
prejudice to the provisions of paragraph u) of Article 54 (1).
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SECTION XV
Provider of customers
Article 65.
Assignment and functions
1-The provider of the customers may, in the legally foreseen terms and if this is justified, be
designated by deliberation of the general council, under proposal of the bastonary.
2-The provider of the customers is independent in the exercise of its function of defending the
interests of the recipients of the services provided by the lawyers and cannot be
destitute, save as a result of a decision by the general council, for a bad foul.
3-Compete to the provider of the customers to analyze the complaints made by the recipients
of the services provided by the lawyers and make recommendations, both for the resolution
of these complaints, as in general for the improvement of the performance of the Order of the
Lawyers.
4-The post of provider of the customers can be remunerated, in the terms of the respect
regiment.
5-In the case of being a lawyer, the person assigned to the job of customer provider
requires the suspension of its enrollment, in the terms of the regiment's respect.
6-The provider of customers presents an annual report to the bastonary and to the general assembly.
7-Lawyers involved in complaints analyzed by the customer's provider should
collaborate in their enquiries.
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Exercise of advocacy
CHAPTER I
General provisions
Article 66.
Exercise of advocacy on national territory
1-Without prejudice to the provisions of Article 205, only lawyers with enrollment in force in the
Order of Lawyers may, throughout the national territory, practice own acts of the
advocacy, in the terms set out in Law No. 49/2004 of August 24.
2-The acts practiced by lawyer through document are only considered as such,
if by it they are signed or certified in the terms that they come to be defined by the
Order of Lawyers.
3-The judicial mandate, representation and assistance by lawyer are always admissible and
may not be prevented in the face of any jurisdiction, authority or public entity
or private, particularly for the defence of rights, sponsorship of legal relationships
contested, composition of interests or in processes of mere enquiries, still
that administrative, officious or of any other nature.
4-The trainee attorneys can only practice acts of their own in the terms of the present
Statute.
Article 67.
Forensic mandate
1-Without prejudice to the provisions of Law No. 49/2004 of August 24, it shall be deemed to be
forensic:
a) The judicial mandate to be exercised in any court, including the
arbitral tribunals or commissions and the judgements of peace;
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b) The exercise of the mandate with representation, with powers to negotiate the
constitution, amendment or extinction of legal relationships;
c) The exercise of any mandate with representation in procedures
administrative, including tributaries, in the face of any collective persons
public or respect organs or services, yet to be suspended or discuss
only issues in fact.
2-The forensic mandate may not be object, by any form, of measure or agreement that
prevent or limit the personal and free choice of the mandant by the mandant.
Article 68.
Legal consultation
Constitutes an act of its own lawyer the exercise of legal consultation in the terms defined in the
Law No. 49/2004 of August 24.
Article 69.
Freedom of exercise
Without prejudice to the provisions of Article 66 (4), lawyers and trainee lawyers
with enrollment in force may not be prevented, by any public authority or
private, from practicing own acts of advocacy.
Article 70.
Professional title of lawyer and expert lawyer
1-A denomination of lawyer is exclusively reserved for lawyers with
enrollment in force in the Order of Lawyers.
2-Honorary lawyers may use the denomination of lawyer provided they do
follow from the indication of that quality.
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3-Lawyers can only identify themselves as specialists when the Order of the
Lawyers have assigned them such quality at least in one of the following areas:
a) Administrative Law;
b) Tax Law;
c) Right of Labour;
d) Financial Law;
e) European Law and Competition;
f) Right of Intellectual Property; and
g) Constitutional Law.
Article 71.
Rights to the Order of Lawyers
Lawyers are entitled to apply for the intervention of the Order of Lawyers for defence
of your rights or the legitimate interests of the class, in the terms provided for in the present
Statute.
Article 72.
Guarantees in general
1-Magistrates, agents of authority and workers in public functions shall
assure lawyers, when exercising their profession, compatible treatment
with the dignity of advocacy and conditions suitable for the cabal performance of the
mandate.
2-In the trial hearings, the lawyers have their own benches and can speak
sitting.
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Article 73.
Exercise of activity in subordination regime
1-It is solely up to the Order of the Lawyers to the assessment of compliance with the
deontological principles of contract clauses concluded with counsel, by way of the
what your professional exercise will meet subject to legal subordination.
2-Are void the contract clauses concluded with counsel who violate those
principles.
3-Are also null and void any guidelines or instructions of the employing entity that
restrict the exemption and independence of the lawyer or who in some way violate the
deontological principles of the profession.
4-The general counsel of the Order of Lawyers may request public entities
employing, who hajam intervening in such contracts, delivery of copy of the same to
end of aharm of the lawfulness of the clausulate respect, mindful of the criteria set out in the
previous numbers.
5-When the employing entity is a person of private law, any of the
counter-contractors may ask the general counsel to appear on the validity of the clauses or of
acts practiced in the execution of the contract, which has binding character.
6-In the event of a dispute, the opinion referred to in the preceding paragraph shall be obligatory.
Article 74.
Professional suit
1-Use of toga is mandatory for attorneys and trainee lawyers, when
plethine orally.
2-The model of the professional attire is the one fixed by the general council.
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Article 75.
Imposition of stamps, arbearings and searches in offices or societies of
lawyers
1-A The imposition of stamps, the paddle, the searches and equivalent representations in the office
or society of lawyers or in any other place where to file, as well as the
intercetion and the recording of conversations or communications, through telephone or
electro-address, used by the lawyer in the exercise of the profession, constants of the
record of the Order of Lawyers, can only be enacted and presided by the judge
competent.
2-With the necessary advance, the judge must convene to attend the imposition of stamps,
to the burrow, the searches and equivalent representations, the lawyer to her subject, as well as
the chairman of the regional council, the chairman of the delegation or delegate of the Order of the
Lawyers, as per the cases, which they may delegate to another board member
regional or the delegation.
3-In the lack of comparisons of the lawyer representative of the Order of Lawyers or
there being urgency incompatible with the trames of the previous number, the judge must appoint
any lawyer who can attend immediately, preferably from among those who
hajam made part of the organs of the Bar of the Lawyers or, when it is not possible, the
that is indicated by the lawyer to whom the office or file belongs.
4-The representations referred to in paragraph 2 are admitted as well, when they present themselves or the judge
the convoque, the family members or workers of the interested lawyer.
5-Until the comparency of the lawyer representing the Order of Lawyers may be
takes the indispensable arrangements so that if they do not unutilite or go unforwards
any papers or objects.
6-The auto of diligence makes express mention of the people present, as well as of
any overcoming occurrences in your course.
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Article 76.
Seizure of documents
1-Cannot be apprehended the correspondence, whatever the support used, which
respect the exercise of the profession.
2-A The ban extends to the correspondence exchanged between the lawyer and the one who
has committed or intended to commit tenure and there is requested to appear, although
not yet given or already turned down.
3-Understand in the correspondence the written instructions and information about the
subject of the appointment or mandate or the opinion requested.
4-It is exceeded the case that the correspondence respects the criminal fact concerning the
which the lawyer has been constituted as defendants.
Article 77.
Complaint
1-In the course of the representations provided for in the preceding Articles, may the lawyer concerned
or, failing that, any of their relatives or workers present, as well as the
representative of the Order of Lawyers, file any claim.
2-Destining the submission of complaint to ensure the preservation of the secret
professional, the judge must soon excel in the due diligence regarding the documents or
objects that are put into question, causing them to put up, without reading them or examining,
in sealed volume at the same time.
3-A statement of reasons for complaints is made within five days and delivered in court
where he runs the proceedings, and the judge shall refer them, in an equal period, to the President of the
Relation to its opinion and, being a case of it, with the volume referred to in the number
previous.
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4-The Chairman of the Relation may, with a secret reservation, proceed to the deselination of the
same volume, returning it again stamped with its decision.
Article 78.
Right of communication with arrested defendants
The lawyers are entitled, under the law, to communicate, personally and privately, with
your sponsored, even when these find themselves arrested or held in
civil or military establishment.
Article 79.
Information, examination of processes and request for certificates
1-In the exercise of your profession, the lawyer has the right to request in any
court or public apportionment the examination of proceedings, books or documents other than
have reserved or secret character, as well as requiring, orally or in writing, that
be provided photocopies or pass certificates, with no need to exhibit
proxy.
2-Lawyers, when in the exercise of their profession, have preference to be met
by any employees to whom they should address and have the right to enter the
secretaries, specifically in the judicial.
Article 80.
Right of protest
1-In the course of hearing or of any other act or diligence in which I intervene, the
counsel must be admitted to apply orally or in writing, at the time
consider timely, what to judge convenient to the duty of sponsorship, without need
of prior indication or explanation of the respective content.
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2-When, for any reason, it is not granted the word or the application no
is exarated in minutes, may the lawyer exercise the right to protest, indicating the matter
of the application and the object that it had in view.
3-The protest cannot fail to appear in the minutes and there is for all the effects as
argument for nullity, pursuant to the law.
CHAPTER II
Incompatibilities and impediments
Article 81.
General principles
1-The lawyer exercises the defence of rights and interests that are entrusted to him always
with full technical autonomy and in an isty-free, independent and responsible manner.
2-The exercise of advocacy is irreconcilable with any post, function, or activity that
may affect the exemption, independence and dignity of the profession.
3-Any form of provement or contract, whether of a public or private nature,
in particular the contract of employment, under which the lawyer comes to exercise
your activity, must abide by the principles set out in paragraph 1 and all the other rules
deontological which are listed in this Statute.
4-Are void the contractual stipulations, as well as any guidelines or instructions from the
contracting entity, which restrics the exemption and independence of the lawyer or which,
in some way, violate the deontological principles of the profession.
5-Incompatibilities or impediments are declared and applied by the board
general or by the regional council which is the competent, which also appreciates the
validity of the stipulations, guidelines or instructions to which the preceding paragraph is referred.
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6-The exercise of executive, disciplinary and supervisory functions in organs of the Order
is incompatible with each other.
Article 82.
Incompatibilities
1-Are, specifically, incompatible with the exercise of the law of the following posts,
functions and activities:
a) Holder or member of the governing body, representatives of the Republic for the
autonomous regions, members of the Regional Government of the Autonomous Regions,
municipal mayors and councillors who earn any kind of
remuneration or allowance and, well so, adjoining respects, advisors, secretaries,
workers with a public employment bond or other contractors from the
respects offices or services, without prejudice to the provisions of the paragraph a) from the
the following number;
b) Member of the Constitutional Court and respected workers with bond of
public employment or contractors;
c) Member of the Court of Auditors and respected employees with bond of
public employment or contractors;
d) Ombudsman and workers with a public employment bond or
contractors of the respected service;
e) Magistrate, even if not integrated into organ or jurisdictional function;
f) Assessor, administrator, worker with a public employment bond or
hired from any court;
g) Notary or conservative of records and workers with employment bond
public or contract of the respecting service;
h) Public manager;
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i) Worker with a public employment bond or contract of any
services or entities that possess public nature or pursue purposes of
public interest, of a central, regional or local nature;
j) Member of the board of directors, executive or director with powers of
organic representation of the entities indicated in the preceding paragraph;
k) Member of the Armed Forces or militarized;
l) Official reviewer of accounts or official technician of accounts and employees with
linkage of public employment or contractors of the respected service;
m) Judicial administrator or judicial liquidator or person who exercises identical
functions;
n) Mediator furnishing or real estate, auctioneer and workers with bond of
public employment or contractors of the respected service.
2-Incompatibilities check-if any that is the title, designation, nature and
kind of pavement or contracting, the mode of remuneration and, in general terms,
whatever the legal regime of the respected post, function or activity, with
exception of the following situations:
a) Of the members of the Assembly of the Republic, as well as of the adjoining respects,
advisors, secretaries, workers with a public employment bond or other
contractors of the respective offices or services;
b) Of those who are retired, retired, inactive, with unlimited leave or in the
reservation;
c) Of the lecturers;
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d) Of those who are engaged in arrangements for the provision of services or
commission of service for the exercise of functions of representation in judgment in the
scope of administrative and constitutional litigation or for the exercise of
consultant roles pursuant to the provisions of Article 10 of the Decree-Law No
163/2012, of July 31 .
3-The exercise of the advocacy of the persons indicated in the paragraphs is permitted i ) and j ) of paragraph 1,
when this is provided in a regime of subordination and in exclusivity, at the service of
any of the entities provided for in the said paragraph, without prejudice to the provisions of the
article 86.
4-It is still permissible for the exercise of the law to the persons indicated in the subparagraphs i ) and j) from the
n. 1 when provident in positions of entities or structures with temporary character,
without prejudice to the provisions of the status of the official staff of the departments and bodies of the
central, regional and local administration of the state.
Article 83.
Impediments
1-The impediments diminish the breadth of the exercise of advocacy and constitute
relative incompatibilities of the forensic mandate and legal consultation, with a view to
determined relationship with the customer, with the subjects in question or by irreconcilable
availability for the profession.
2-Lawyer is barred from practicing professional acts and of moving any influence
together with entities, public or private, where to perform or have played
functions whose exercise may raise, in concrete, a mismatch, if those
acts or influences enter into conflict with the deontological rules contained in the
present Statute, inter alia, the general principles set out in paragraphs 1 and 2 of the
article 81.
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3-Lawyers who are members of the representative assemblies of local authorities,
as well as the adjoining respects, aides, secretaries, workers with bond of
public employment or other contractors of the respected offices or services, are
prevented, at any venue, from sponsoring, directly or through the
Society of which they are partners, actions against the local authorities, as well as
of intervening in any activity of the assembly to which they belong on matters in which
have a professional interest directly or through the lawyers ' society
the one that they belong to.
4-The lawyers referred to in para. a ) of paragraph 2 of the preceding Article are prevented, in
any venue, from sponsoring pecuniary actions against the state.
5-Lawyers to perform councillor duties are prevented, at any venue, from
sponsor pecuniary actions against the autarky respect.
6-Havendo doubt about the existence of any impediment, that there is no logo
taken over by the lawyer, it is incumbent on the respective regional council to decide.
Article 84.
Verification
1-Regional councils or the general council may request the entities with whom the
lawyers may have established professional relationships as well as these, the
information that they understand necessary for the verification of the existence of
incompatibility.
2-Not being such information provided, by the lawyer, within 30 days numbered in the
prescription of the application, may the general council shall deliberate the suspension of the inscription.
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Article 85.
Solicitors and enforcement agents
1-The cumulative enrollment in the Order of Lawyers and the Order of the Attorneys is prohibited
Solicitors and Enforcement Agents, without prejudice to the provisions of the figures
following.
2-It is, however, allowed for cumulative enrollment during the first stage of the stage to which
alud in Article 194 (3).
3-Lawyers regularly enrolled in the Order of Lawyers can register for the
college of enforcement officers provided that they do not exercise the judicial mandate, on the terms
of the Statute of the Order of Solicitors and Enforcement Agents.
Article 86.
Application in the time of incompatibilities and impediments
The incompatibilities and impediments created by this Statute shall not harm the
rights legally acquired under previous legislation.
Article 87.
Illegitimate exercise of advocacy
1-The magistrates, conservatives, notaries and those responsible for public repartitions have
obligation to communicate to the Order of Lawyers any fact that indicts the exercise
illegal or irregular of the advocacy, specifically, of the judicial patronage.
2-For the purpose provided for in the preceding paragraph, the workers of the services there
nominees give knowledge to the magistrates, conservatives, notaries and
responsible for the services of the corresponding facts of which they have knowledge.
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Title III
Professional deontology
CHAPTER I
General principles
Article 88.
Integrity
1-Lawyer is indispensable to the administration of justice and, as such, must have a
public and professional behaviour appropriate to the dignity and responsibilities of the
function that exercises, by fulfilling punctual and scrupulously the duties consigned to the
present Statute and all those that the law, uses, customs and professional traditions
impose him.
2-A honesty, probity, righteousness, loyalty, courtesy and sincerity are obligations
professionals.
Article 89.
Independence
The lawyer, in the exercise of the profession, always keeps in any circumstances his or her
independence, and must act free of any pressure, especially the resulte of its
own interests or outside influences, refraining from neglecting the deontology
professional in the aim of pleasing your client, colleagues, the court or third parties.
Article 90.
Duties to the community
1-The lawyer is obliged to defend the rights, freedoms and guarantees, pugnary by the
good application of the laws, the speedy administration of justice and the enhancement of the
culture and legal institutions.
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2-In particular, they constitute the duties of the lawyer to the community:
a) Do not advocate against the right, not use of illegal means or expedients, nor
promote recognizably dilatory, useless or harmful representations to the
correct application of law or the discovery of the truth;
b) Refuse the sponsorships it deems unfair;
c) Check the identity of the customer and customer representatives, as well as the
powers of representation conferred on the latter;
d) Decline the provision of services when seriously suspecting that the operation or
legal acting in question aims at obtaining illicit results and that the
interested does not intend to abstain from such an operation;
e) Refuse to receive and move funds that do not strictly match the
an issue that has been entrusted to you;
f) Collaborate on access to law;
g) Do not serve the mandate to pursue objectives that are not professional;
h) Do not solicit customers, either by you or by interposed person.
Article 91.
Duties to the Order of Lawyers
They constitute the duties of the lawyer to the Order of Lawyers:
a) Not to prejudice the ends and prestige of the Order of Lawyers and of the advocacy;
b) Collaborate in the pursuit of the tasks of the Order of Lawyers, exercise the
positions so that you have been elected or appointed and perform the mandates that
are entrusted to you;
c) Declare, when applying for enrollment, for incompatibility check effect,
any job or professional activity that exerts;
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d) Immediately suspend the exercise of the profession and apply for, within the maximum period
of 30 days, the suspension of enrollment in the Order of Lawyers when it occurs
supervenient incompatibility;
e) Pay punctually the quotas and other charges, specifically the obligations
imposed as financial penalties or ancillary sanctions, due to the Order of the
Lawyers, set out in this Statute and in the Regulations;
f) Drive with commitment the internship of the trainee lawyers;
g) Communicate, within 30 days, any change of office;
h) Maintain a professional domicile endowed with a structure that ensures the
fulfillment of its deontological duties, in terms to be defined by
deliberation of the general council;
i) Promote your own training, with recourse to training actions
permanent, complying with the determinations and procedures resulting from
deliberations of the general council.
Article 92.
Professional secret
1-The lawyer is obliged to keep professional secret with regard to all the facts
whose knowledge adheres to it from the exercise of its functions or the provision of its
services, specifically:
a) The facts regarding professional affairs known, exclusively, by
revelation of the customer or disclosed by order of this;
b) The facts of which he has been aware of the virtue of office played in the
Order of Lawyers;
c) The facts regarding professional matters communicated by colleague with whom
is associated or by which to pay collaboration;
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d) The facts communicated by co-author, coriander or co-interested of its constituent
or by the representative respect;
e) To facts that the contrary part of the client or respects representatives to him
have given notice during negotiations for agreement that vise
term the dispute or litigation;
f) The facts of which you have had knowledge in the framework of any negotiations
malograted, oral or written, in which it has intervened.
2-A The obligation of professional secrecy exists either the service requested or committed to the
counsel involve or non-judicial or extrajudicial representation, whether or not it should be
remunerated, whether or not the lawyer has come to accept and perform the
representation or service, the same happening for all attorneys who, direct or
indirectly, have any intervention in the service.
3-Professional secrecy covers still documents or other things that relate,
directly or indirectly, with the facts subject to secrecy.
4-The lawyer may reveal facts covered by the professional secret, as long as this is
absolutely necessary for the defence of the dignity, rights and legitimate interests of the
own lawyer or the client or their representatives, upon prior authorization of the
chairman of the regional council respecting, with recourse to the bastonary, on the terms
predicted in the respecting regulation.
5-The acts practiced by the lawyer with violation of professional secrecy cannot
make proof in judgement.
6-Still waived pursuant to the provisions of paragraph 4, the lawyer may hold the
professional secret.
7-The duty to guard secrecy as to the facts described in paragraph 1 is extensive to all
people who collaborate with the lawyer in the exercise of their professional activity, with
the comination provided for in paragraph 5.
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8-Lawyer shall require from the persons referred to in the preceding paragraph, in the terms of
written statement washed out for the purpose, the performance of the duty laid out in
moment prior to the start of the collaboration, consisting of disciplinary infraction the violation
of that duty.
Article 93.
Public discussion of professional issues
1-The lawyer must not pronounce it publicly, in the press or in other means of
media, on outstanding professional issues.
2-Lawyer may comment, excecionally, as long as previously authorized
by the chairman of the relevant regional council, whenever the exercise of that right
of response if justifying, in such a way as to prevent or remedy the offence to dignity, rights
and legitimate interests of the customer or of the self.
3-The application for permission is duly justified and indicates the possible scope of the
questions about that it understands duty to comment.
4-The application for permission is appreciated within three working days, considering
tacitly deinjured in the lack of response, communicated, at that time, to the applicant.
5-From the decision of the chairman of the regional council who indefrait the request is to appeal to
the bastonary, which decides, in the same time frame.
6-Without prejudice to the provisions of the preceding paragraphs, in the event of manifest urgency, the
counsel may exercise the right of reply referred to in paragraph 2, in such a restricted manner and
contained as much as possible, and shall inform, within five working days, the President
of the competent regional council of the circumstances that determined such conduct and of the
content of the statements rendered.
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Article 94.
Information and advertising
1-Lawyers and lawyers ' societies may disclose their professional activity
in an objective, truthful and dignified manner, in the rigorous respect of deontological duties,
of professional secrecy and legal standards on advertising and competition.
2-Understand, inter alia, by objective information:
a) The personal, academic and curricular identification of the lawyer or society of
lawyers;
b) The number of professional ballot or the registration of the society of lawyers;
c) The abode of the main office and the morals of offices in other localities;
d) The denomination, the logo or other distinctive sign of the office;
e) The indication of the areas or legal subjects of preferential exercise;
f) The reference to the specialization, pursuant to the terms accepted in Article 70 (3);
g) The posts exercised in the Order of Lawyers;
h) The professional collaborators integrated effectively in the office of the
counsel;
i) The phone, fax, electronic mail and other elements of communications from
dispossesses;
j) The time of service to the public;
k) The languages or languages, spoken or written;
l) The indication of the respect site on the Internet;
m) The placement, on the exterior of the office, of a plaque or identifiable tabulet of the
its existence.
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3-Are, inter alia, lawful acts of publicity:
a) The mention of the preferred area of activity;
b) The use of cards where you can place objective information;
c) The placing on telephone, fax or analogous lists of the condition of lawyer;
d) The publication of information about changes of address, telephone, fax and
of other data relating to the office;
e) The mention of the condition of lawyer, accompanied by brief curricular note, in
professional, national or foreign yearbooks;
f) The promotion or intervention in conferences or colloquia;
g) The publication of brochures or writings, circulars and periodical articles on
legal topics in specialized press or not, and may sign with the
indication of its condition as a lawyer and the professional organisation which
integrate;
h) The mention of professional subjects that integrate the professional curriculum of the
counsel and in which the latter has intervenor, and no reference may be made to the
client's name, save, excecionally, when authorized by this, if such
disclosure is deemed essential for the exercise of the profession in
certain situation, by prior deliberation of the general council;
i) The reference, direct or indirect, to any public or private office or relationship
of employment that you have exercised;
j) The mention of the composition and structure of the office;
k) The inclusion of photography, illustrations and adoptable logos.
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4-Are, specifically, unlawful acts of advertising:
a) The placement of persuasive, ideological, self-aggrandizing content and
of comparison;
b) The mention of the quality of the office;
c) The provision of erroneous or misleading information;
d) The promise or inducement of the production of results;
e) The use of unsolicited direct advertising;
5-The provisions set out in the preceding paragraphs shall apply to the exercise of the
advocacy of both individual and individual lawyers ' societies.
Article 95.
General duty of urbanity
In the exercise of the profession the lawyer shall proceed with urbanity, in particular to
with the colleagues, magistrates, referees, experts, witnesses and too many actors in the
processes, and still officers of justice, notarial officials, conservatives and others
repartitions or public or private entities.
Article 96.
Sponsorship against lawyers and magistrates
The lawyer, before intervening in disciplinary procedure, judicial or any other
nature against a colleague or a magistrate, must communicate them in writing to their
intention, with the explanations you understand necessary, save by treating yourself with procedures
that have secret or urgent nature.
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CHAPTER II
Relations with customers
Article 97.
General principles
1-A The relationship between the lawyer and the client must funk into the reciprocal trust.
2-The lawyer has a duty to act in a manner to defend the legitimate interests of the client,
without prejudice to compliance with the legal and deontological standards.
Article 98.
Acceptance of sponsorship and duty of competence
1-Lawyer shall not accept the sponsorship or provision of any services
professionals if for this it has not been freely mandated by the customer, or on the other
counsel, in representation of the client, or if it has not been appointed to the effect, by
legally competent entity.
2-The lawyer must not accept the sponsorship of an issue if he / she knows, or duty to know,
who has no competence or availability for her to occupy herself promptly, unless
which act jointly with another lawyer with competence and availability for the
effect.
Article 99.
Conflict of interest
1-The lawyer must refuse the sponsorship of an issue in which he has already intervening in
any other quality or is related to another in which you represent, or have
represented the opposing party.
2-The lawyer must refuse the sponsorship against whom, nother cause pending, be by themselves
sponsored.
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3-Lawyer may not advise, represent or act on account of two or more
customers, in the same subject or in a conjoined matter, if there is conflict between the interests
of these customers.
4-If a conflict of interest arises between two or more customers, as well as if it occurs
risk of violation of professional secrecy or diminishing its independence, the
counsel must cease to act on account of all clients, in the context of that conflict.
5-Lawyer must refrain from accepting a new client if such a puser at risk the
compliance with the duty to guard professional secrecy regarding the affairs of a
previous client, or if knowledge of these subjects resulted in illegitimate advantages
or unjustified for the new client.
6-Whenever the lawyer exercises his / her activity in association, in the form of society
or not, the provisions of the previous figures apply-whether the association wants each other
of its members.
Article 100.
Other duties
1-In relations with the client, they are still the duties of the lawyer:
a) Give your conscientious opinion about the meritness of the right or pretense
that the customer invokes, as well as provide, whenever it is requested,
information on the progress of the issues entrusted to it, on the
criteria it uses in the fixation of its fees, indicating, whenever
possible, their total approximate amount, and still on the possibility and the
how to obtain judicial support;
b) To study carefully and treat with zeal the issue that it is entrusted,
using for the purpose all the resources of your experience, know and activity;
c) Advising all composition that you find fair and equitable;
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d) Do not celebrate, in their own advantage, contracts on the object of the issues
entrusted;
e) Do not cease, without a justified reason, the sponsorship of the issues that are
committed.
2-Even if there is justified reason for the cessation of the sponsorship, the lawyer must not
do so in such a way as to imenable the customer to obtain, in good time, the assistance of
another lawyer.
Article 101.
Customer values and documents
1-The lawyer must give the application due to values, objects and documents that
have been entrusted, as well as to account to the customer of all the values of this who
have received, whatever their provenance, and present note of honorariums and
expenses, as soon as this is requested.
2-When to cesse the representation, the lawyer must restitute to the customer the values, objects
or documents of this one that find themselves in their power.
3-The lawyer, presented the note of fees and expenses, enjoys the right of retention
about the values, objects or documents referred to in the preceding number, for warranty of the
payment of the fees and reimbursement of the expenses owed to it by the customer,
unless the values, objects or documents in question are necessary for proof
of the right of the customer or that its retention causes this irreparable damage.
4-It must, however, the lawyer restitute such values and objects, regardless of the
payment to which you are entitled, if the customer has provided collateral arbitrated by the
regional council.
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5-Can the regional council, prior to payment and the application of the lawyer or the
customer, send us to this any objects and values when those stay in
power of attorney are manifestly sufficient for payment of the credit.
Article 102.
Funds from customers
1-Where the lawyer detains funds from his or her clients or third parties, to effect
expenses payments on account of those, shall observe the following rules:
a) The funds must be deposited into the account of the lawyer or society of
separate lawyers and with the account designation customers, open to the effect
in a similar bank or institution authorised, and there kept up to the payment of
expenses;
b) The funds must be payable to the order, at the request of the customer or in the conditions
that this has accepted;
c) The lawyer must keep complete and accurate records relating to all the
operations carried out with these funds, distinguishing them from other amounts by
it held, and shall keep such records at the customer's disposal.
2-The general council may establish, through deliberation, supplementary rules
applicable to the funds to which the present article reports, including its centralisation
in a management system that by that council comes to pass.
3-The provisions of the preceding paragraphs shall not apply to provisions intended for honorariums,
for which there has been given discharge to the customer.
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Article 103.
Provisions
1-Lawyer may ask the customer for the delivery of provisions on account of the fees
or for payment of expenses, and no such provisions shall exceed an estimate
reasonable of the probate and likely expenses.
2-Not being handed over the requested provision, the lawyer may resign to occupy himself from the
subject or refuse to accept it.
3-The lawyer can only be held responsible for the payment of expenses or
any other charges that have been provisioned for such an effect by the customer and
you are not required to have the provisions you have received for fees, provided that the
affectation of these to the fees is of the customer's knowledge.
Article 104.
Professional civil liability
1-Lawyer with enrollment in force must celebrate and maintain an insurance of
professional civil liability taking into account the nature and scope of risks
inherent in its activity, by an upstream capital not less than it is fixed
by the general council and which has as a minimum limit € 250000, without prejudice to the scheme
especially applicable to lawyers ' corporations and the provisions of Article 38 of the Law
n. 2/2013, of January 10.
2-When the professional civil liability of the lawyer morphs into the mere guilt, the
amount of the indemnity has as a maximum limit the corresponding to the one fixed for the
insurance referred to in the preceding paragraph, and the lawyer should enrol in his or her role
letterhead the expression "limited liability".
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3-The provisions of the preceding paragraph shall not apply where the lawyer does not comply with the
set out in paragraph 1 or declare not to claim any limit for its
professional civil liability, in which case it always benefits from the insurance of
minimum group professional liability of € 50000, of which they are holders all the
attorneys not suspended.
Article 105.
Fees
1-Lawyer's fees must correspond to an economic compensation
suitable for the services effectively provided, which should be salowed in cash and that
can take the form of fixed retribution.
2-In the lack of prior written reduced convention, the lawyer presents to the client the
respects honorariums with discrimination of the services provided.
3-In the fixation of the fees should the lawyer attend to the importance of the services
provided, to the difficulty and urgency of the subject matter, to the degree of intellectual creativity of its
provision, to the result obtained, to the time spent, to the responsibilities for it
taken over and the remaining professional uses.
Article 106.
Prohibition of the litis quota
1-It is forbidden for the lawyer to celebrate litis quota pacts.
2-Per litis quota pact is understood to be the agreement concluded between the lawyer and his client,
prior to the definitive conclusion of the issue in which this is a party, by which the right to
fees stay exclusively dependent on the result obtained in the matter and in
virtue of which the constituent will be able to pay the lawyer part of the result which
come to get it, whether this consisted in a cash amount, whether in any other good
or value.
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3-Does not constitute quota pact litis the agreement that consisted in the prior fixing of the amount
of the fees, albeit as a percentage, depending on the value of the subject entrusted to the
counsel or by which, in addition to fees calculated in function of other criteria, if
wake up in a majoration in function of the result obtained.
Article 107.
Apportionment of fees
It is forbidden to the lawyer to releave fees, even if the title of commission or other form
of compensation, except with lawyers, trainee lawyers and solicitors with whom
collaborate or who have provided you with collaboration.
CHAPTER III
Relations with the courts
Article 108.
Duty of loyalty
1-The lawyer must, in any circumstance, act with diligence and loyalty in the
conduct of the process.
2-It is vetoed to the lawyer, especially, sending or making send to the judges or referees
any memorials or, in any form, to resort to disloyal means of defense of the
interests of the parties.
Article 109.
Relationship with the witnesses
He / she is vetted to the lawyer, by himself or by intersted person, to establish contacts with
witnesses or too many procedural actors with the purpose of instructing, influencing
or, by any other means, change the testimony of the same, prejudicing, in this way,
the discovery of the truth.
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Article 110.
Duty of correction
1-Lawyer shall exercise patronage within the limits of law and urbanity, without
prejudice to the duty to properly defend the interests of its client.
2-Lawyer shall prevent his clients from exerting any reprisals against the
opponent and are less correct for with the lawyers of the opposing party,
magistrates, referees or any other actors in the process.
CHAPTER IV
Relations between lawyers
Article 111.
Duty of solidarity
Professional solidarity imposes a relationship of trust and cooperation between the
lawyers, for the benefit of customers and in such a way as to avoid useless disputes, reconciling, both
how much possible, the interests of the profession with those of justice or those who seek it.
Article 112.
Reciprocal duties of lawyers
1-Constituts duties of lawyers in their reciprocal relations:
a) Proceed with the utmost correctness and urbanity, abstaining from any attack
personal, depressing allusion or disexquisite criticism, background or form;
b) To respond, within a reasonable time, to oral or written requests;
c) Do not publicly issue opinion on issue that knows entrusted to another
counsel, save in the presence of this or with your prior agreement;
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d) Acting with the utmost loyalty, seeking not to gain illegitimate advantages or
undue for your client;
e) Do not contact the opposing party that is represented by counsel, save if
previously authorized by this, or if this is indispensable, by legal imposition
or contractual;
f) Do not sign opinions, procedural parts or other professional writings that do not
are of their authorship or in which you have not collaborated;
g) Communicate, in a timely manner, the impossibility of attending any
diligence to the other lawyers who in it should intervene.
2-The lawyer to whom one intends to commit subject previously entrusted to another
lawyer should not start his acting without first diligenating in the sense of this being
paid the fees and too much amounts that to this are due, and shall expose to the
colleague, orally or in writing, the reasons for the acceptance of the mandate and give you account of the
efforts that it has developed for that effect.
Article 113.
Correspondence between lawyers and between these and solicitors
1-Whenever an attorney wishes that his communication, addressed to another lawyer
or solicitor, has confidential character, must express clearly such an intention.
2-confidential communications may not, in any case, constitute a means of proof,
not to be applicable to the provisions of Article 92 (4).
3-The lawyer or solicitor recipient of the confidential communication who does not have
conditions to ensure the confidentiality of the same must return it to the sender without
disclose to third parties the respective content.
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Title IV
Disciplinary action
CHAPTER I
General provisions
Article 114.
Disciplinary power
1-Lawyers and trainee lawyers are subject to exclusive disciplinary power
of the organs of the Order of Lawyers, as provided for in this Statute and in the
respects regulations.
2-The application for cancellation or suspension of enrollment does not make a cease of liability
discipline for previously practiced infractions.
3-During the time of suspension of enrolment the lawyer remains subject to power
Disciplinary of the Order of the Lawyers, but not so after the cancellation.
4-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the
counsel regarding the infractions by him committed prior to the definitive decision that
has applied that sanction.
5-Professional practitioners who provide services on national territory in free
provision of services and the lawyers ' societies are equated with the lawyers for
disciplinary effects, with the specificities set out in Article 130 (10).
Article 115.
Disciplinary infractions
1-Comete disciplinary infraction the lawyer or trainee lawyer who, by action or
omission, violate dolosa or culposely some of the duties enshrined in the present
Status, in the respect of regulations and in the other applicable legal provisions.
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2-A attempt is punishable.
3-A disciplinary infraction is:
a) Lightweight, when the accused viole in a little intense manner the professional duties to
that is found adstrite in the exercise of advocacy;
b) Grave, when the accused seriously violates the professional duties to which if
finds adstrite in the exercise of advocacy;
c) Very serious, when the accused viole the professional duties to which he is adstrite
in the exercise of advocacy, affecting with their conduct, in such a way, dignity
and the professional prestige, which will definitely make the exercise impossible
advocacy.
4-The disciplinary infractions provided for in this Statute and too much legal provisions and
applicable regulations are punishable by title of dolo or negligence.
Article 116.
Independence of disciplinary responsibility
1-A disciplinary responsibility is independent of civil and criminal liability
stemming from the practice of the same fact.
2-The disciplinary process is promoted independently of any other and in it if
resolves all issues that matter to the decision of the cause.
3-When, on the grounds of the same facts, criminal proceedings have been instituted
against counsel, the suspension of the disciplinary procedure may be ordered, owing to
same to be communicated by the Order of Lawyers to the competent judicial authority,
to which you must order the shipment to the Order of the Lawyers of copy of the order of
prosecution and, if there is any place, of the pronunciation dispatch.
4-Elapsed the time limit set out in Article 118 (2) without the proofing of dispatches of
prosecution or of pronunciation, the facts are ascertained in the disciplinary proceedings.
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5-Whenever, in criminal proceedings against counsel, it is designated day for the hearing
of judgment, the court must order the remittance to the Order of Lawyers,
preferentially by electronic means, from the order dispatch, from the dispatch of
pronunciation and contestation, if it has been presented, as well as any others
elements requested by the member of the competent council.
6-A disciplinary liability of lawyers before the Order of Lawyers is
independent of liability in the face of employers ' respective employers, for infringement of the
emerging duties of working relationships.
Article 117.
Prescription of the disciplinary procedure
1-The disciplinary procedure extinguishes, by the effect of prescription, as soon as on the
practice of the infraction has elapsed the term of five years, save the provisions of the number
next.
2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law
establish prescription subject to longer term, the disciplinary procedure only
prescribe after the course of this last term.
3-The limitation period of the disciplinary procedure runs from the day on which the fact is
has consummated.
4-For the purposes of the provisions of the preceding paragraph, the limitation period shall only run:
a) In the instantaneous infractions, from the time of its practice;
b) In the continuing infractions, since the day of the practice of the last act;
c) In the permanent infractions, from the day on which to cease consummation.
5-A The prescribing of the disciplinary procedure always takes place when, from its inception and
re-saved the time of suspension, the normal limitation period has elapsed
increased by half.
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6-A The prescription is of officiating knowledge, and the lawyer may be argued, however,
require the continuation of the process.
Article 118.
Suspension of the limitation period of the disciplinary procedure
1-The limitation period of the disciplinary procedure suspending itself during the time in
that:
a) The disciplinary process is suspended, awaiting dispatch of prosecution or of
pronunciation in criminal proceedings;
b) The disciplinary process is pending, from the notification of the prosecution in it
prowound;
2-A The suspension of the limitation period of the disciplinary procedure shall not exceed the
maximum term of 18 months.
3-The prescriptional deadline goes back to running from the day on which the cause of the suspension is ceased.
Article 119.
Interruption of the limitation period of the disciplinary procedure
1-The limitation period of the disciplinary procedure shall be interrupted by the notification to the
counsel argued:
a) Of the establishment of the disciplinary procedure;
b) From the prosecution.
2-After each period of interruption begins to run new limitation period.
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Article 120.
Desistance of participation
The desistance of participation extinguishes disciplinary responsibility, unless the lack
imputed to affect the dignity of the targeted lawyer, the prestige of the Order of Lawyers or
of the profession.
Article 121.
Participation by the courts and other entities
1-Courts and any authorities shall give notice to the Order of Lawyers
of all the facts susceptible to constitute disciplinary infraction practiced by
lawyers.
2-The Public Prosecutor's Office and the organs and criminal police authorities must refer to the
Order of Lawyers certificate of all complaints, shareholdings or complaints
presented against lawyers.
Article 122.
Procedural legitimacy
1-Have legitimacy to participate in the Order of Lawyers susceptible facts of
constitute disciplinary infraction any person directly or indirectly affected by these.
2-Can intervene in the process persons with direct, personal and legitimate interest
regarding the facts involved, requiring and claiming what they have for
convenient.
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Article 123.
Introduction of the disciplinary procedure
1-The disciplinary procedure is instituted by a decision of the chairs of the boards with
disciplinary competence or by deliberation of the governing bodies, on the basis of
participation directed to the organs of the Order of Lawyers by any person
duly identified.
2-The bastonary and the upper, general, regional and deontology boards of the Order of the
Lawyers may, regardless of participation, order the establishment of
disciplinary procedure.
3-When it concludes that participation is unfounded, it is from it given knowledge to the
lawyer targeted and we are always going to pass the certificates that the same understand
necessary for the tutelage of your legitimate rights and interests.
Article 124.
Communication on the movement of processes
During the first month of each quarter, and with reference to the previous quarter, they owe the
higher advice and deontology of the Order of Lawyers send to bastonary note
of the distributed disciplinary proceedings, pending and adjudicated in the previous quarter.
Article 125.
Secret nature of the disciplinary process
1-The process is of a secret nature until the dispatch of prosecution.
2-The rapporteur may, however, authorize the consultation of the procedure by the person concerned or by the
defendants, when there is no inconvenience to the instruction.
3-The rapporteur may still, in the interest of the instruction, make it known to the person concerned or the
argued copy of parts of the process, in order to about them speaking out.
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4-Mediant application in which the end to which they are intended, may the council
competent, or some of its members, authorize the passage of certificates in
any stage of the process, for the defence of legitimate interests of the applicants, and may
condition its use, under penalty of the offender incurring the crime of disobedience,
and without prejudice to the duty of guarding professional secrecy.
5-The defendants and the interested, when lawyer, who do not respect the secret nature of the
process incharge in disciplinary responsibility.
Article 126.
Subsidiary law
To the exercise of the disciplinary power of the Order of Lawyers, in everything that is not
contrary to the one set out in this Statute and respecting regulations, they are
subsidally applicable the procedurally applicable standards in the General Labor Law
in Public Functions, approved by Law No. 35/2014, of June 20.
CHAPTER II
Holders of the jurisdictional bodies
Article 127.
Independence
The holders of the organs of the Order of Lawyers with disciplinary competence are
independent in the exercise of its jurisdictional competence.
Article 128.
Irresponsibility
1-The holders of the organs of the Order of Lawyers with disciplinary competence not
may be held responsible for the decisions rendered in the performance of their duties.
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2-Only in the cases specially provided for in the law is that the holders of the organs of the Order of the
Lawyers with disciplinary competence may be subject, on the grounds of the exercise of the
your duties, civil, criminal or disciplinary liability.
3-Out of cases in which the lack constitutes crime, civil liability can only be
effective upon action of return of the Order of Lawyers against the holder of their
jurisdictional bodies, with grounds of dolo or serious guilt.
4-In the event of disciplinary responsibility of the holders of the jurisdictional bodies of the
Order of the Lawyers, the deliberation of the initiation of the procedure, as well as the
application of disciplinary sanction, shall be taken by a majority of at least two thirds
of all the members of the top council.
Article 129.
Disciplinary proceedings against officeholders of the Order
They have urgent character, with priority over any others, the disciplinary proceedings
in which they are targeted holders of some of the organs of the Order of Lawyers in
exercise of functions.
CHAPTER III
Sanctions, their measure, graduation and execution
Article 130.
Disciplinary sanctions
1-The disciplinary sanctions are as follows:
a) Warning;
b) Censor;
c) Fine of quantitative up to the value of the remit of the courts of comarch;
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d) Fine of quantitative between the value of the remit of the courts of comarch and the value
of the remit of the Relation Courts;
e) Suspension up to 10 years;
f) Expulsion.
2-A warning sanction is applicable when the accused has breached in a light manner the
professional duties in the exercise of advocacy and is for the purpose of avoiding the repetition of the
lesive conduct.
3-A The sanction of censorship consists of a judgement of deprecation by the lack committed and is applicable to
conduits that violate the professional duties of attorneys yet lightly but
for which, in the reason of the fault of the accused, it is no longer quite the warning.
4-A penalty of fine is set in the right amount, depending on the severity and the
consequences of the infraction committed being applicable to serious disciplinary infractions.
5-A suspension sanction consists of the total removal of the exercise of the advocacy during
the period of fulfillment of the sanction and is applicable to serious disciplinary infractions, which
put into question, the physical integrity of the people or to harm the honour or
the alheio heritage or equivalent values.
6-A The sanction of expulsion consists in the total removal of the exercise of the law, without
rehabilitation damage and is applicable to very serious disciplinary infractions, which put
in cause the physical integrity, life, or lesem very graveshow the honour or the
alheio heritage or equivalent values.
7-The sanctions are always recorded and produce solely the stated effects on the
present Statute.
8-Cumulatively or not with any of the penalties provided for in this Statute,
may be imposed on full or partial restitution of fees.
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9-Irrespective of the final decision of the case, the restitution of
amounts, documents or objects that have been entrusted to the lawyer.
10-In the case of professionals in regime of free provision of services on national territory
and of lawyers ' societies, the suspension and expulsion sanctions assume the form of
temporary or definitive interdiction of the exercise of professional activity,
respects.
11-A more serious sanction application decision than that of warning the lawyer who
exercise some office in the organs of the Order of Lawyers, when it is not liable to
resource, determines the immediate ousting of that post.
12-Whenever the infraction results from the violation of a duty by omission, compliance
of the sanctions applied does not waiver the defendants ' compliance with that, if this is still
possible.
Article 131.
Measure and graduation of the sanction
1-In the determination of the measure of the sanctions must be met with the professional background
and disciplining of the accused, to the degree of guilt, to the seriousness and consequences of the infraction,
to the economic situation of the accused and to all the other aggravating circumstances and
attenuates.
2-A attempt is punishable by the penalty applicable to the infraction consumed especially
attenuated.
Article 132.
Mitigating circumstances
They constitute, among others, mitigating circumstances:
a) The effective exercise of advocacy for a period of more than five years, without
any disciplinary sanction;
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b) The confession;
c) The collaboration of the lawyer argued for the discovery of the truth;
d) The spontaneous redress, by the accused lawyer, of the damage caused by his
conduct.
Article 133.
Aggravating circumstances
They constitute, among others, aggravating circumstances:
a) The dolo check;
b) The premeditation;
c) The collusion;
d) The recidivism;
e) The accumulation of infractions;
f) The practice of disciplinary infraction during the performance of disciplinary sanction or
of suspension of the respect of the implementation;
g) The production of loss of value equal to or greater than half of the wavement of the
courts of Relation.
Article 134.
Reoffending
It is considered recidivist the lawyer who commits a disciplinary infraction before
elapsed the term of five years after the day on which it has finalised the comortment of
previous infraction.
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Article 135.
Unity and accumulation of infractions
1-Checks the accumulation of infractions whenever two or more infractions are
committed simultaneously or prior to the punishment of prior infringement.
2-It cannot be applied to the same lawyer more than one disciplinary sanction:
a) For each infraction committed;
b) By the accumulated infractions that are appreciated in a single process;
c) For the infractions appreciated in more than one process, when apensated.
Article 136.
Punishment of the infractions contest
1-It is also condemned in a single disciplinary sanction to the lawyer who, before he or
make definitive your conviction for an infraction, come also to be condemned
by the practice of another or other infractions, appreciated in separate processes and which do not
have been aphended.
2-In such a case, the applicable penalty has:
a) As a maximum limit, the sum of the sanctions concretely applied to the various
infractions, and may not exceed the 15-year limit by treating the sanction of
suspension and double the value of the remit of the Relation courts addressing
sanction of fine; if, however, it has been concretely imposed the sanction of
expulsion by any of these infractions or more than a concrete sanction of
suspension lasting longer than 15 years, so the maximum penalty applicable is the
of expulsion;
b) As a minimum threshold, the highest of the sanctions concretely applied to
various infractions.
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3-Without prejudice to the situation provided for in the second part of the paragraph a ) of the previous number,
when the sanctions concretely applied to the infractions in tender are one of
suspension and others of fine, censorship or warning, the different nature of these
it remains in the single sanction resulting from the application of the criteria set out in the
previous numbers.
4-Cumulatively with the single sanction is applied to the lawyer argued the obligation to
restitution imposed pursuant to Article 130 (8) and (9), albeit only
determined by one of the infractions in tender.
Article 137.
Supervenient knowledge of the contest
1-If, after a definite conviction, but before the sanction's respect is
fulfilled, prescribed or extinguished, if ascertained that the accused lawyer practiced,
previously to that conviction, other or other infractions, are applicable to the rules of the
previous article.
2-The provisions of the preceding paragraph shall still apply in the event that all infractions have
been separately object of definitive convictions.
Article 138.
Suspension of the implementation of sanctions
1-Taking, inter alia, to the degree of guilt, the behaviour of the accused and the
circumstances surrounding the practice of the infraction, the execution of the suspension sanctions,
fine and censorship may be suspended for a period of between one and five
years.
2-A The suspension of the execution of the sanction is revoked whenever, in its course, it is
prowound definitive decision imposing new disciplinary sanction higher than censorship,
by the practice of infraction subsequent to the primitive conviction.
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Article 139.
Causes of exclusion of guilt
They are causes of exclusion of guilt as provided for in the criminal law.
Article 140.
Application of suspension penalty of more than two years or of sanction of expulsion
1-A application of a suspension penalty of more than two years or of sanction of
expulsion can only take place upon deliberation that obtains the majority of two thirds
of the votes of the board or of the relevant section for trial, after hearing
public carried out pursuant to Rule 161.
2-Without prejudice to the provisions of the preceding paragraph, the penalty of suspension of duration
greater than two years and the sanction of expulsion, must still be ratified by deliberation
of the top council, taken in plenary.
3-A The sanction of expulsion can only be applied to the very serious infractions, and may not have
origin in the default by the lawyer of the duty to pay quotas.
4-Failure by the lawyer for the duty to pay quotas may give way to the application
of disciplinary sanction of suspension when it is apure that it is culposable and extends by
period longer than 12 months, ceasing or extinguishing the penalty when the
voluntary payment.
Article 141.
Conviction in criminal proceedings
1-Whenever in criminal proceedings the prohibition of exercise of the profession is imposed
for a given period of time, this is deducted from the disciplinary sanction of
suspension which, by the practice of the same facts, comes to be applied to the lawyer.
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2-A conviction of lawyer in criminal proceedings is communicated to the Order of the
Lawyers for the purpose of registration in the respective individual process.
Article 142.
Publicity of sanctions
1-It is always given publicity to the application of the expulsion and effective suspension sanctions,
only the remaining sanctions are advertised when this is determined in the
deliberation that applies them.
2-Without prejudice to the provisions of Article 202, advertising shall be made by means of edital
affixed to the premises of the deontology council and published on the website of the Order of the
Lawyers on the Internet and in one of the national journals of national scope, of his constying the
identity, the number of the professional ballot and the professional domicile of the lawyer
argued, as well as the violated standards and the sanction applied.
3-The edict referred to in the preceding paragraph shall be sent to all the courts, conservatory,
notarial caries and repartitions of finance and published in a journal of scope
national for three days followed when the sanction applied for expulsion or
effective suspension.
Article 143.
Non-compliance with the penalty
The Chair of the competent body in disciplinary matters shall determine the suspension of the
enrolment of the lawyer or trainee lawyer, whenever, from the date on which it is
should consider notified of the definitive decision, this shall not proceed:
a) On the delivery of the professional ballot within 15 days, when there is
doomed in the sanction of expulsion or suspension;
b) On payment, within three months, of the fine on which there is a convict;
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c) On compliance, within 15 days, of the provisions of paragraphs 8 and 9 of the
article 130.
CHAPTER IV
Process
SECTION I
General provisions
Article 144.
Forms of the process
1-A disciplinary action carries the following forms:
a) Disciplinary procedure;
b) Process of inquiry.
2-Applies to the disciplinary process whenever the particular lawyer or lawyer
trainee are imputed facts duly realized, susceptible to constituting
infraction.
3-The inquiry process is applicable when the participation is the authorship of a
particular or from strange entities to the Order of Lawyers and in it are not
clearly identified the lawyer or lawyer trainee targeted or impose himself on
realization of summary representations for clarification or concretization of the facts
participates.
4-After enquiries the identity of the lawyer or lawyer trainee targeted or, soon
whether to show minimally realized or enlightened the facts involved,
being they susceptible to constituting infringement, is proposed the immediate conversion of the
process of inquiry in disciplinary process, upon appearing succinctly
reasoned.
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5-When participation is manifestly unviable or unfounded, it should the same be
liminally filed, giving fulfillment to the provisions of Article 123 (3).
Article 145.
Tramping of the process
1-In the instruction of the process must the reporter seek to attain the material truth by removing
all obstacles to its regular and rapid progress and recusing,
fundamentedly, everything that is impertinent, useless or dilatory.
2-A form of the acts, when it is not expressly regulated, must adjust to the end in
view and limit himself to the indispensable to achieve it.
Article 146.
Deadlines
1-On the counting of deadlines in all the processes regulated in this chapter are
applicable the rules of the Code of Criminal Procedure.
2-In the lack of special provision, it is 10 days the deadline for the practice of any act in the
scope of the processes regulated in this Chapter.
Article 147.
Impediments, escuses and refusals
1-To the impediments, escuses and refusals of the rapporteur and too many members of the board with
disciplinary competence are applicable, with the necessary adaptations, the rules
constants of the Code of Criminal Procedure.
2-The incident is resolved within the maximum of eight days by the entity that designated the
rapporteur and, if it is judged proceeded, a new rapporteur is soon appointed.
3-If the impediment, refusal, or escuses shall respect the member of the council other than the
rapporteur, the incident is decided by the respected president or by whom to replace him.
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Article 148.
Compliance with deadlines
Failing to meet the deadlines enshrined in this Chapter, may the process be
redistributed to another rapporteur on the same terms and conditions, and the facts should be
communicated to the Chair of the competent council, for possible procedure
discipline.
SECTION II
Process
Article 149.
Distribution of the process
1-Instapeld the disciplinary procedure, the Chair of the competent council proceeds to
respects distribution, without loss of delegation to any of its members.
2-In case of permanent impediment of the rapporteur or in his / her impediments
temps, the new distribution is carried out, whenever the circumstances warrant.
3-The new distribution is still proceeding whenever the chairman of the council accepts escusa
of the rapporteur.
4-The boards may appoint reports-adjoined or commit the instruction of the processes to
attorneys enrolled by the region for more than five years and without any punishment
of disciplinary character superior to warning.
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Article 150.
Apensation of processes
1-Staying pending various disciplinary proceedings against the same accused, albeit
on different advice, are all attached to the oldest and prowound one only
decision, except if the apensation results manifest inconvenience.
2-Being pending various disciplinary proceedings against several concurrent defendants,
are extracted the necessary certificates in order to give fulfilment to the provisions of the
previous number.
Article 151.
Statement of the process
1-Compete to the regular reporter the progress of the process instruction and maintain the discipline
in the respects acts.
2-A The instruction of the proceedings takes place at the seat of the respective council, if there is no
convenience in which the representations take place in different location.
3-In the case provided for in the final part of the preceding paragraph, the representations may be
requisitioned by any means of communication to the competent body, with
indication of the deadline for compliance and the matter on which they should focus.
4-A The instruction cannot exceed the 180-day time limit counted from the distribution.
5-In cases of excecional complexity or for other duly justified reasons,
may the rapporteur ask the chairman of the council for an extension of the deadline in the
previous number, however, may not, however, extend beyond the ceiling
of another 180 days.
6-In the instruction of the case, all means of proof in law are admissible
allowed.
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7-At the stage of instruction, the accused lawyer must always be heard on the matter of the
participation.
8-The person concerned and the accused may apply to the rapporteur for the evidence that
consider necessary for the clearance of the truth.
9-At the stage of instruction, the person concerned and the accused cannot indicate, each, more than
three witnesses for each fact, with the maximum limit of 10 witnesses.
10-If not written the names of the bearded witnesses surpassing the
limit set in the previous number.
Article 152.
Term of the statement
1-Finda the instruction, the rapporteur orders the junction of the excerpt from the disciplinary register of the
counsel argued and professes dispatch of prosecution or issues reasoned opinion in
that complete by the filing of the process.
2-Not being delivered an order dispatch, the rapporteur presents the opinion in the first
session of the board or section, in order to be deliberated the filing of the proceedings.
3-In case the council or the section shall act on its continuation with the realization of
additional representations or the issuance of dispatch of prosecution, may be designated
new rapporteur from among the members of the board or section who have voted to
continuation of the process.
Article 153.
Dispatch of prosecution
The dispatch of prosecution shall rewear the articulated form and mention:
a) The identity of the accused;
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b) The imputed facts and the circumstances of time, mode and place in which the
same were practiced;
c) The infringed legal and regulatory standards, as well as, where applicable, the
possibility of the application of the sanction of suspension or expulsion; and
d) The deadline for the submission of the defence.
Article 154.
Preventive suspension
1-Together with the dispatch of prosecution, the rapporteur may propose that it be applied to the
counsel argued the precautionary suspension measure when:
a) There is founded fear of the practice of new and serious disciplinary infractions or
disturbance of the course of the proceedings;
b) The accused lawyer has been charged or criminally pronounced by
crime committed in the exercise of the profession or for a crime to which it corresponds
higher than three years in prison, or
c) Be unknown the whereabouts of the accused lawyer.
2-A suspension shall not exceed the period of six months and shall be deliberated by
majority of two-thirds of the board members where the process runs its
terms.
3-Excited and preceding duly substantiated decision, the council
superior may, upon proposal approved by two-thirds of the members of the organ
where the process runs terms, extend the suspension for another six months.
4-The length of time of the preventive suspension measure is always discounted in the
suspension sanctions.
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5-The disciplining processes with defendants suspended preventively have urgent character and
your procedural march prefers all too many.
6-The interposed appeal of the decision that applies the preventive suspension measure has
immediate ascent and devolutive effect.
Article 155.
Notification of the prosecution
1-The accused is notified of the charge, either personally or by post, with the delivery of the
respect copy and the information of the deadline for submission of the defence and still that the
trial is held in public hearing in case the rewant and, regardless of
application, where the infraction is liable to be sanction of suspension or
expulsion.
2-A notification by postal route is effected by registered letter with notice of prescription
addressed to the professional domicile or to the residence of the accused, depending on the
your enrollment is or not in effect.
3-If the accused is absent from the Country, or is unknown to his / her residence, he / she is notified
by edital, which should only contain the mention that against it is pending
disciplinary procedure and the time limit set to present its defence, to be affixed to the
board facilities and to be disclosed on the website of the Bar of Advogados, for the period of
20 days.
Article 156.
Exercise of the right of defence
1-The deadline for submission of the defence is 20 days.
2-If the accused is notified abroad or by edital, the deadline for the submission of the
defence shall be fixed by the rapporteur, and may not be less than 30 days or more than 60 days.
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3-The rapporteur may, in the event of fair impediment, admit the defence presented
extemporaneously.
4-If the accused is unable to arrange for his defence on the grounds of
suitably proven incapacity, the rapporteur immediately appoints a curator
to this effect, preferring the person to whom to compete the tutelage, in the event of interdiction
in the terms of civil law.
5-The curator appointed in the terms of the preceding paragraph may use from all means of
defense faculty to the accused.
6-The incident of mental alienation may be raised by the rapporteur, by the accused or by
any family members of this.
7-During the time frame for the submission of the defence, the process can be consulted in the
would be secreted or entrusted to the accused or to the lawyer by him constituted, for examination in the
your office.
8-A The process confidence in the terms of the preceding paragraph shall be preceded by
dispatch of the rapporteur.
9-Not being possible to immediately utter the order referred to in the preceding paragraph, the
would be contacting the rapporteur by the most expeted medium, owing this, by the same means,
communicate its decision, of which it is laundered quota in the process.
Article 157.
Presentation of the defence
1-A The defence is made in writing and presented at the office of the competent council,
and should clearly and concisely expose the facts and the reasons that substantiate it.
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2-With the defence, the accused shall present the rol of witnesses, and may indicate three
witnesses for each fact, with the maximum limit of 10 witnesses, join
documents and require any representations, which may be refused, upon
reasoned order, when manifestly impertinent, dilatory or
unnecessary for the finding of the facts and the responsibility of the accused.
3-The defendants must state the facts on which the evidence focuses, being invited to do so-
lo, under sanction of dismisses in the lack of referral.
4-The rapporteur may allow the number of witnesses referred to in the terms of paragraph 2 to be
added to those that you consider necessary for the discovery of the truth.
Article 158.
Realization of new representations
1-In addition to those required by the defence, the rapporteur must order all the evidence
that you consider necessary for the clearance of the truth.
2-The provisions of the preceding paragraph shall not exceed the period of 60 days, and the
board extend the deadline by another 30 days, occurring justified reason,
particularly in the reason of the excecional complexity of the process.
Article 159.
Final report
1-Realized the representations referred to in the previous article, the rapporteur prepares, within 10
days, a reasoned report, which must be notified to the defendants, to comment
in an equal term, and from which they construct the established facts, their qualification and gravity, the
sanction that it understands duty to be enforced or the proposal to file the autos.
2-Hereinafter, within the maximum period of five days, the process is delivered on the board or in the
respect section, for trial.
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Article 160.
Judgment
1-There is no place the public hearing and whether all members of the board or of the
section if you consider yourself to be so habilitated, you are voted for deliberation and laundered and
signed the judgment.
2-If any or some members declare themselves to be unauthorized to deliberate, the process is
given for a view, for five days, to each member who has requested it, finishes what it is
again present for trial.
3-Voting votes must be substantiated.
4-Before the trial, the board or the section may order the realisation of new
representations, to be complied with within the period that for the purpose establishes.
5-The final judgment is notified to the defendant, in the terms of Article 155, to the participant and the
bastonary.
Article 161.
Public hearing
1-Havendo place the public hearing, is the same carried out within 30 days and in it
must participate in at least four fifths of the members of the council or section.
2-A The public hearing is chaired by the chairman of the board or the respect section or the
your legal substitute and in it may intervene the participant who is direct holder of the
interest offended by the participating facts, the defendants and the mandators that hajam
constituted.
3-A The public hearing can only be postponed once because of a lack of the accused or his defender.
4-Speaking the accused and may not be adjourned to the hearing, the case is decided in the
terms of the previous article.
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5-Opens the hearing, the rapporteur reads the final report, proceeding from the production of
supplementary proof required by the participant or the accused and which must be
immediately offered, and may be rolled up to five witnesses.
6-Finda the production of proof, is given the word to the participant and the accused or to the
respects mandated for oral claims, for period not more than 30.
7-Should you consider it convenient, the board or the section may determine the achievement of
new representations.
8-Closed the hearing, the board or the section convene immediately to deliberate,
washing judgment, which must be notified under Rule 155.
CHAPTER V
Ordinary resources
Article 162.
Recurrable deliberations
1-Of the deliberations of the deontology councils or their sections lies in appeal to the
top council.
2-Of the deliberations of the sections of the upper council under the terms of the above d ) of paragraph 3 of the
article 44, it is up to the plenary of the same body.
3-They are not susceptible to appeal the deliberations of the top council plenary, without
prejudice to the provisions of Article 6 (3).
4-Do not admit recourse in any instance to the decisions of mere expedient or of
discipline of the works.
Article 163.
Legitimacy for the interposition of the resource
1-Have legitimacy to interpose of the accused, the interested and the bastonary.
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2-No renunciation of recourse before the knowledge of the final deliberation is permitted.
Article 164.
Ascent and effects of the appeal
1-Interposable resources of dispatches or interlocutory judgments rise with that of the
final decision.
2-Have suspenseful effect the resources interposed by the bastonary and those of the final decisions.
Article 165.
Interposition and notification of the resource
1-The time limit for the interposition of resources is 15 days from the notification of the
final deliberation, or 30 days from the affixing of the edital.
2-The application for the interposition of the resource is always motivated, under sanction of no
admission of the same, being, for so much, being provided with the consultation of the process.
3-With the motivation, which shall specifically enunciate the fundamentals of the appeal and
end with the formulation of conclusions, may the appellant apply for the joining of the
documents that understand convenient, as long as the same could not have been
presented until the final decision object of the appeal.
4-The bastonary can appeal upon simple dispatch, with mere indication of the sense
of their dissent, not the provisions of paragraphs 2 and 3 shall apply.
5-The appeal is not admitted when the decision is irrecurrable, when it is intersted outside
of time, when the appellant does not have the necessary conditions to appeal or by
lack of motivation, when required.
6-Admitted the resource that goes up immediately, is notified the resorted to respond
within 15 days, we will provide you with the consultation of the process.
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7-Join the defendant's response, must the same be notified to the appellant when this
not be the bastonary and the autos referred to the competent organ for judgment of the
feature.
Article 166.
Low of the process to the council of deontology
Judged definitively any resource, the process low to the board of deontology
respect.
CHAPTER VI
Review feature
Article 167.
Fundamentals and admissibility of the review
1-It is permissible to review the final decision delivered by the organs of the Order of the
Lawyers with disciplinary competence whenever:
a) A court ruling transitioned on trial to declare false any elements
or means of proof that have been determinant for the decision to revidend;
b) A court ruling carried out on trial has given as a proven crime
committed by member or members of the organ that delivered the decision revidend and
related to the exercise of their duties in the process;
c) The facts that have served as a foundation of the sentencing decision are
irreconcilable with the data as proved in another definitive decision and of the
opposition to result serious doubts about the fairness of the conviction;
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d) If they have discovered new facts or means of proof that, by themselves or
combined with those who have been appreciated in the process, suscitem serious doubts
on the fairness of the sentencing decision delivered.
2-On the grounds of point d ) of the preceding paragraph is not admissible review with the only
an end to correct the concrete measure of the sanction applied.
3-A simple allegation of illegality, formal or substantial, of the process and decision
disciplining does not constitute grounds for the review.
4-A review is admissible even if the procedure finds itself extinct or the sanction
prescribed or abiding.
Article 168.
Legitimacy
1-Have legitimacy to apply for the review:
a) The participant, in respect of decisions to file the disciplinary procedure;
b) The convicted lawyer or his defender, regarding sentencing decisions.
2-Have even legitimacy to apply for the review and to proceed in cases where the
doomed lawyer has passed away the spouse, the descendants, adopted, ascending,
adopters, relatives or related up to the fourth grade of the collateral line, the heirs that
show a legitimate interest, the lawyers with whom the convict kept
society or shared office or who of the convict has received incumbency
express.
3-The bastonary may also submit proposal for revision of final decisions
condensation or archiving.
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Article 169.
Formulation of the application or proposal for a review
1-The application or proposal for a review is submitted to the body with competence
discipline that delivered the decision to be reviewed.
2-The application or proposal for revision is always motivated and contains the indication of the
means of proof.
3-Should be together to the application or proposal to review the necessary documents to the
statement of the order.
Article 170.
Tramway of the application or proposal for a review
1-A The review is processed by apenso to the autos in which the decision was made to be reviewed.
2-A part or parties against whom the review is sought or proposed the review are notified to, in the
period of 15 days, present their reply and indicate their means of proof.
3-In the cases referred to in Article 167 (1), the rapporteur to whom the case is distributed
proceeds to the representations that you consider indispensable for the discovery of the truth,
sending you documenting, by reduction in writing or by any means of reproduction
integral, the statements provided.
4-The applicant may not indicate witnesses who have not been heard in the proceedings,
other than justifying that it ignored its existence at the time of the decision or that
have been unable to depose.
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Article 171.
Judgment
1-Once the response period has expired or the required representations have taken place, when the
they will take place, the rapporteur elaborates, within 10 days, reasoned opinion on the
merit of the application or proposal for revision and, within the maximum period of five days, delivery
the process to the board or to the section respects, for deliberation.
2-If the decision to review has been handed down by the top council, the judgment takes place
in plenary after the delivery of the procedure with reasoned opinion, pursuant to the
previous number.
3-If the decision to be reviewed has been handed down by a deontology board, the process is
next referred to the top council, for a plenary trial.
4-A The granting of the review has to be voted on by a two-thirds majority of the members of the
advice and respect deliberation rests with only contentious appeal.
5-A review may only lead to maintenance, alteration or revocation of the
deliberation handed down in the revised process, but it can never aggravate the sanction applied.
6-A pending litigation appeal incident on the sanction handed down in proceedings
discipline is without prejudice to the review of this.
Article 172.
Low of the process, averbings and advertising
1-After trial the application or the proposal for revision, the low process, if any
of that, to the board of respectable deontology, which instructs you and judges again, if the review
has been admitted.
2-In the case of acquittals, the averbings of the sentencing decisions are cancelled.
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3-To the judgment delivered on trial following the review is given the publicity
due, pursuant to Rule 142.
CHAPTER VII
Execution of sanctions
Article 173.
Start of production of effects of sanctions
1-The disciplinary sanctions, as well as the determinations set out in paragraphs 8 and 9 of the article
130., initiate the production of its effects on the date on which the accused should consider
notified to fulfill them.
2-A The execution of the sanction cannot begin or continue in the event of cancellation of the
inscription.
3-If on the date the decision becomes final is suspended the inscription of the accused
on non-disciplinary grounds, compliance with the disciplinary penalty of suspension has
start on the immediate day when lifting the suspension.
4-Irrecurrable disciplinary sanctions must be communicated to the Order of the Solicitors
and of the Enforcement Agents, as well as the Commission for the Monitoring of the
Aides of Justice, when the lawyer is also an enforcement agent.
Article 174.
Competence for the implementation of disciplinary decisions
It is incumbent on the chairmen of the top council or the deontology boards to implement
of all decisions rendered in the processes so that these organs are competent.
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CHAPTER VIII
Rehabilitation subsequent to expulsion or definitive interdiction
Article 175.
Regime
1-Regardless of the application or proposal to review the decision, the lawyer or
society of lawyers punished with the sanction of expulsion or outright interdiction,
respectively, they can be rehabilitated as long as they cumulatively check out the
following requirements:
a) They have elapsed more than 15 years on the date on which it became final to
decision that applied the sanction of expulsion or outright interdiction;
b) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use
the means of proof admitted in law.
2-It shall apply to the application for rehabilitation, with the necessary adaptations, the provisions of
articles 167 to 171.
3-Granted rehabilitation, under Article 171, the lawyer or the society
rehabilitated fully recover their rights and is given due publicity, in the
terms of Article 142, with the necessary adaptations.
CHAPTER IX
Inidoneity ascertaining for the exercise of the profession
Article 176.
Introduction of the process
1-It is instituted proceedings to ascertain inidoneity for the professional exercise
whenever the lawyer or trainee lawyer:
a) Has been convicted of any seriously dishonorable crime;
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b) Do not be in the full enjoyment of civil rights;
c) Be declared incapable of administering people and goods by sentence carried over in
judged;
d) Be in a situation of incompatibility or inhibition of the exercise of advocacy and
have not tempestively required the suspension or cancellation of your
enrollment, continuing to exercise your professional activity, even through the
practice of own isolated acts of the same;
e) Have, at the time of enrolment, rendered false statements with regard to
the incompatibility for the exercise of advocacy;
f) Be convicted, at the disciplinary venue of the Order, in one or more proceedings, by
reiterating and serious non-compliance with the professional duties imposed on it
by this Statute and respecting regulations.
2-For the purposes of the provisions of the a) from the previous number, consider themselves to be crimes
severely disgraced for the exercise of the profession, specifically, the crimes of
theft, theft, burla, burla informatics and in the communications, extortion, abuse of trust,
prescription, infidelity, falsification, false statements, doleful insolvency, frustration of
credits, negligent insolvency, favorability of creditors, issuance of cheques without
provision, abuse of warranty or credit card, illegitimate appropriation of goods from the
public or cooperative sector, danish administration in economic unit of the sector
public or cooperative, usury, bribery, corruption, trafficking of influence, embezzling,
unauthorized income from deposits or other refundable funds, illicit practice of
acts or operations inherent in the insurer activity or pension funds, fraud
tax or other tax crime, money laundering or crime provided for in the Code
of Commercial Corporations or in the Securities Code, as well as the
provided for in paragraph i) of Article 55 of the Code of Public Procurement.
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Article 177.
Process
1-The process for ascertaining inidoneity for the exercise of the profession is instituted
on the same terms in which the are the disciplinary processes.
2-The process follows the terms of the disciplinary procedure, with the necessary adaptations,
there is always room for trial in a public hearing.
3-A The deliberation of lack of idoneity for the exercise of the profession can only be delivered
upon decision making two thirds of the votes of all the members of the board
competent.
4-Of the final deliberation rests on appeal, in the terms provided for in the decisions in matter
discipline.
Article 178.
Rehabilitation of the lawyer to whom there has been acknowledged inidoneity for the
exercise of the profession
1-Lawyers convicted criminally who have obtained judicial rehabilitation
can, decorated 10 years on the date of the conviction, request its enrolment, on the
which decides, with recourse to the top council, the competent council of
deontology.
2-The application is only deinjured when, upon prior inquiry with an applicant's hearing,
proves to be manifest the manifest dignity of your behaviour in the last three years and if
reach the conviction of his complete recovery for the exercise of the profession.
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Title VI
Revenue and expenditure of the Order of Lawyers
Article 179.
Quotas for the Order of Lawyers
1-Lawyers with enrollment in force and the lawyers ' societies are obliged to
contribute to the Order of Lawyers with the monthly quota that is set at
regulation.
2-The non-payment of the quotas, by a term of more than 12 months, shall be communicated to the
competent board, for the purposes of establishing disciplinary procedure for the lawyer
debtor or to the society of deeming lawyers.
3-The voluntary payment of the shares in debt extinguishes the disciplinary procedure or the
sanction, depending on whether it takes place in the pendency of the disciplinary procedure or after the decision
final.
4-A The quota debt certificate issued by the general council constitutes executive title.
5-The product of quotas is divided into equal parts between the general council, on the one hand, and
the regional council and the respectful delegation, on the other, the burden of the
collection on the proportion of the respective revenue.
6-The general council delivers to the regional councils which in turn deliver to the
delegations, in the 60 days following the collection of the collection, the part that each kayba in the
product of the collection of quotas.
7-The general council can abonate monthly to regional councils which in turn,
can deliver to the delegations an importance on account of the part that is up to them in the
product of the collection of quotas, as well as prestarate them, within their possibilities,
financial aid, when properly justified to their need.
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Article 180.
Coercive collection
1-Compete to the Order of Lawyers, through the competent bodies for the purpose,
proceed to the liquidation and collection of its revenue, including the quotas and fees, well
like the fines and other mandatory prescriptions.
2-In case of non-payment within the time limits due is issued notice for payment
within 15 days.
Article 181.
Accounting and financial management
1-The economic exercise of the Order of Lawyers coincides with the calendar year.
2-The accounts of the Order of Lawyers are closed with reference to December 31
of each year.
3-A Accounting of the Order of Lawyers obeys the regime of normalization
accounting for the non-profit-sector entities (ESNL), which integrates the System of
Accounting Normalization.
4-Constitutions of management control instruments:
a) The budget;
b) The report and the accounts of the exercise with reference to December 31.
5-The general council shall draw up, by March 31 of the following year, the report and the accounts
of the previous financial year and, until October 31, the budget for the subsequent year.
6-Regional councils must submit to the general council, by February 28 of the year
next, the accounts of the previous financial year and, until September 30, the proposals for
inclusion in the budget for the subsequent year.
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7-delegations shall submit to the regional council for respect, by January 31 of the year
next, the accounts of the previous financial year and, until August 31, their proposals for
inclusion in the budget for the subsequent year.
8-The accounts of the exercise, as soon as drawn up by the competent body, shall be the subject
of legal certification by the tax council, to be issued within 30 days.
9-A Accounting and financial management activity of the Order of Lawyers is subject to the
jurisdiction of the Court of Auditors, in the terms of the respect of legislation.
Article 182.
Proceedings in the Order of Lawyers
Do not give way at the expense or the rate of justice the processes that run in the Order of the
Lawyers.
Article 183.
Meetings in the courts ' rooms
The organs of the Order of Lawyers can meet, in the comarches in which they do not have
own facility, in the courtrooms 'rooms indicated by the judges' respects or
judicial administrators and the hours in which they do not harm judicial services.
Article 184.
Books and printouts
All books, printed and electronical documents intended for the expedient of services
of the Order of Lawyers shall be in accordance with the models approved by the council
general.
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Lawyers, trainee lawyers and attorneys ' societies
CHAPTER I
Inscription
Article 185.
Enrollment in the Order of Lawyers and professional domicile
1-A enrollment is made in the general council, being the process of sign-up tramway
preparatorially by the competent regional council.
2-All communications provided for in this Statute and in the Regulations of the Order
of the Lawyers shall be made, unless otherwise expressly provided otherwise, for the
professional domicile.
3-The professional domicile of the trainee lawyer is that of his patron.
Article 186.
Professional ballot
1-A each lawyer or lawyer trainee lawyer enrolled is handed the respected ballot
professional, which serves as proof of enrolment in the Order of Lawyers.
2-Compete to the general council define, by deliberation, the carateristics of the ballots
professionals, including the shelf life of validity and the model to which they must
obey, as well as other elements that may deem appropriate for the
identification of the lawyers and trainee lawyers.
3-The lawyer or trainee lawyer in the exercise of the respective duties shall
compulsorily to make proof of your enrolment via valid professional ballot, to be
displayed or joint by photocopying, depending on the cases, or through another element of
proper identification, for both approved by the general council.
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4-Attorney suspended or with the cancelled enrollment must refund the professional ballot
to the regional council in which it is registered and, if it does not do so within 15 days, it may
Order of the Lawyers to proceed to the judicial apprehension.
5-By the dispatch of each professional ballot paper is charged by the regional councils o
emolument fixed by the general counsel, which constitutes revenue from the Order of Lawyers.
6-At the reentries correspond new ballots.
Article 187.
Restrictions on the right to enrolment
1-Cannot be enrolled:
a) Those who do not possess moral idoneity for the exercise of the profession;
b) Those who are not in the full enjoyment of civil rights;
c) The declared ones unable to manage their people and goods by sentence
transitioned on trial;
d) Those who are in a situation of incompatibility or inhibition of the exercise of the
advocacy;
e) The magistrates and workers with a public employment bond who, upon
disciplinary proceedings, hajam being dismissed, retirees, retired or
placed in the inactivity for lack of moral idoneity.
2-The provisions of the d ) of the previous number is without prejudice to the possibility of enrolment of
applicants whose conditions carry out the as set out in Article 82 (3).
3-For the purposes of the point a ) of paragraph 1, are presumed not to be of idogens for the exercise of
profession, specifically, those convicted of any seriously dishonorable crime,
in the terms of Article 176 (2).
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4-Attorneys and trainee lawyers who find themselves in any of the situations
enumerated in the preceding paragraph is suspended or cancelled the inscription.
5-A verification of lack of moral idoneity is always object of own process, nos
terms of the provisions of Articles 176 to 178, with the following adaptations:
a) For instruction and judgment is competent the region's deontology board
where enrollment has been required;
b) There is room for public hearing only when required by the person concerned.
Article 188.
Preparatory entries and in the tables of the Order of Lawyers
1-A enrollment shall be governed by this Statute and respect for regulations and is required together
of the regional council in which the lawyer or the trainee lawyer intends to have the
domicile for the exercise of the profession or to do internship.
2-The application must be accompanied by certificate of the registration of birth,
supporting document of the required academic habilitation, in original or public-
form or, in the absence of this, document proving that it has already been required and is in
conditions of being expedused, certificate of the criminal record, statement of attorney in the
what this declares to accept the direction of the internship, bulletins filled in the terms
regulatory, signed by the interested parties and accompanied by three photographs.
3-For enrolment as a lawyer is waived the document submission
proof of the required academic habilitation when the same is already constraining from the
files of the Order of Lawyers.
4-In the application may the person concerned indicate, for use in the exercise of the profession, name
abbreviated, which is not admitted if it is susceptible to provoking confusion with another
previously required or enrolled, except if the possessor of this with this has
agreed.
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Article 189.
Exercise of advocacy for non-inscribed
1-Those who transgress the precept in Rule 66 (1) are, unless judicial appointment
and without prejudice to the applicable criminal provisions, excluded from the procedure by dispatch of the
judge or the court, profiled officiously, upon complaint filed by the
advice or delegations from the Order of Lawyers or the application of those interested.
2-Must the judge, in his prudent arbitrium, acautelate in his dispatch irreparable damage from the
legitimate interests of the parties.
3-The transgressor is inhibited from continuing to intervene in the lide and, since soon, the judge appoints
officious lawyer representing the concerned, until these are proven within the
deadline for them to be granted under penalty of, fining the deadline, full cessation of
appointment, suspending the instance or following the cause in absentia.
CHAPTER II
Stage
Article 190.
Goals of the internship and its orientation
1-The full and autonomous exercise of advocacy relies on a tyrocyte under guidance from the
Order of Lawyers, intended to enable and publicly certify that the candidate
has obtained technical-professional and deontological training appropriate to the start of the activity and
has complied with the remaining requirements imposed by this Statute and regulations for the
acquisition of the title of lawyer.
2-The access to the internship, the transmission of knowledge of a technical-professional nature
and deontological and the inherent system of evaluation are ensured by the services of
stage of the Order of Lawyers, in the regulatory terms.
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Article 191.
Patrons and requirements for acceptance of the tyrocyte
1-The patrons play a key role throughout the entire period of
stage, being its function to initiate and prepare the trainees for the full exercise of the
advocacy.
2-They can only accept the direction of the internship, as patrons, the lawyers with at least
five years of effective exercise by profession, who have not suffered disciplinary punishment
higher than the fine.
3-Each patron can only have under his / her orientation, simultaneously, a trainee
appointed by the Order of Lawyers, not the total number of trainees per
patron exceeds the fixed in the regulation of the internship.
4-The lawyer appointed by the Order of Lawyers to perform the duties of patron
it can only scour when reasoned reason occurs, which must be freely
enjoyed by the competent regional council, and the appeal of such a decision for the
general advice.
5-Incumbent to the patron:
a) Keep up with the preparation of your trainees;
b) Ensuring compulsory procedural interventions;
c) Arrange for the trainees to fulfill the other duties of the internship;
d) Draw up a final report of the internship of each trainee, which must be
presented directly to the competent judging panel.
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Article 192.
Applicability of the Statute
The trainee lawyers stay, since their enrolment, obliged to comply with the
present Statute and too much regulations.
Article 193.
Registration at the stage
They may apply for their enrolment as trainee lawyers:
a) The holders of the degree of licentiate in law;
b) The holders of a foreign higher academic degree in law to which it has
been conferred equivalence to the degree to which he or she refers to the previous point or which has
been recognized with the level of this.
Article 194.
Duration of the internship, its phases and proof of aggregation
1-The internship aims at the training of the trainee lawyers through the exercise of the profession
under the guidance of the patron, with a view to deepening the knowledge
professionals and the clearance of the deontological consciousness, in terms of defining by the
general advice.
2-The internship shall start at least once in each calendar year, at a date to be fixed by the
general advice, and the maximum duration of 18 months, counted from the date of enrolment to the
fulfilment of the evidence referred to in paragraph 6.
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3-A The first stage of the internship, with the minimum duration of six months, is intended to enable the
trainees with the technical-professional and deontological knowledge essential to
the practice of acts of the profession of the profession, and may be required to the trainees the feading of
work or reports that prove the knowledge acquired, which they must
be taken into account in their final assessment as integral elements of the proof of
aggregation.
4-A The second stage of the internship aims for an extended, complementary and progressive formation of the
attorneys trainee through the vivance of the profession, based on the relationship with
the traditional patrons, judicial interventions in tutelage practices, contacts with
judicial life and too much services related to professional activity, as well as
the deepening of technical knowledge and clearance of consciousness
deontological upon the frequency of thematic training actions and participation in the
Regime of access to law and justice in the prevailing legal framework.
5-The fixed-stage regulation the minimum number of procedural interventions to be carried out
by the trainees, as well as the legal areas in which they should focus, and should provide for
all the necessary conditions so that they can practice the acts that are statutorily
are allowed to them.
6-The stage ends with the achievement of the proof of aggregation, in which the
knowledge acquired in the two stages of the internship, depending on the assignment of the title
of counsel for approval in this evidence, resulting from the weighting of his various
components, in the terms of the stages regulation, which defines, among other aspets,
the structure of the proof of aggregation.
7-The trainee lawyer may apply for suspension of his internship up to a period
maximum of six months, importing this always the suspension of the length of time of
stage and its reentry at the stage at which it was found to be at the suspension.
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8-Excise and the application of the trainee lawyer, may be authorised to
extension of the internship time per period not more than six months.
9-It is up to the general council to propose the regulation of the concrete model of training
initial and complementary during the internship, organic structure of the training services and
respects competences, system of continuous assessment, host regime and
integration into the external training stage model provided by other institutions and
organization and realization of the proof of aggregation.
Article 195.
Competence and duties of trainee lawyers
1-Completed the first stage of the internship, the trainee lawyer can, always under guidance
of the patron, practise the following acts of the profession:
a) All acts of the competence of the solicitors;
b) Exercise the legal consultation.
2-The trainee lawyer can still practice the own acts of the profession not included
in the previous number, since effectively accompanied by the patron patron.
3-The trainee lawyer must state, in any act in which he intervenes, only and
always this your professional quality.
4-Are duties of the trainee lawyer during his entire period of internship and training:
a) Scrupulously observe the permissible rules, conditions and limitations in the
use of the office of the patron;
b) Store respect and loyalty to the patron;
c) Submit to the internship plans that come to be defined by the patron;
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d) Collaborate with the patron whenever he / she requests it and to do the work that
are determined, as long as they reveal themselves compatible with the activity of the
stage;
e) Collaborate with commitment, zeal and competence in all activities, work and
training actions that will come to attend in the scope of internship programmes;
f) Guarding professional secrecy;
g) Communicate to the competent stage office any facts that may
condition or limit the full compliance with the statutory standards and
requirements inherent in the internship;
h) Comply in fullness all too many deontological and regulatory obligations
in the exercise of professional activity.
5-At the time of enrolment, the trainee shall submit proof of subscription to the
Group insurance policy made available by the Order of Lawyers, or contractor
per se, relative to:
a) Personal accident insurance, which covers the risks that may occur during and
because of the internship;
b) Professional civil liability insurance, which covers, during the realization of the
stage and while the respect enrollment holds active, the risks inherent in the
performance of tasks that as a trainee lawyer are assigned to you,
as set out in the respective policy, renewing it whenever necessary
until its completion.
Article 196.
Professional internship promoted by the public employment service
1-The professional stage of the Order of Lawyers does not confuse with the internship
professional promoted by the public employment service.
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2-Without prejudice to the provisions of the preceding paragraph, the Order of Lawyers may decide
forms of recognition or equiparation of the stages promoted by the service
public employment.
CHAPTER III
Continuous training
Article 197.
Goals
Continuing education constitutes a duty of all lawyers, being the responsibility
of the Order of Lawyers to organise the training services designed to ensure
a constant updating of your technical-legal knowledge, of the principles
deontological and the assumptions of the exercise of the activity, focusing predominantly
on topics raised by the development of the legal sciences and advances
technological and the evolution of civil society.
Article 198.
Regulation
1-The general council regulates the organisation, at the national level, of the training services
continuous, which guarantee the performance of the duty referred to in the previous article, targeting
an effective coordination of the initiatives of the study centres and the services of
formation of the various internship services and the delegations that constitute as
performals of permanent training.
2-In the elaboration of the continuing education programmes can be pursued partnerships and
forms of collaboration and participation with other entities or institutions.
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CHAPTER IV
Registration as a lawyer
Article 199.
Enrollment requirements
1-A enrollment as a lawyer depends on the completion of the internship with approval in the proof
of aggregation, under the terms of this Statute.
2-Exceed from the provisions of the preceding paragraph, so they may apply for enrolment
immediate as lawyers, discinding yourself from the realization of the internship:
a) The Doctors in Law, with effective exercise of the law lecturer in a
institution of higher education;
b) The former magistrates with effective professional exercise.
3-For the purposes of the provisions of the a ) of the previous number, is relevant the faculty exercised
before and after the doctorate.
4-In cases provided for in paragraph 2, enrollment as a lawyer depends on the achievement of a
tyrocínio, with the maximum duration of six months, under the guidance of a patron
chosen by the person concerned, aiming at the seizure of the deontological principles.
Article 200.
Enrollment of jurists of recognized merit, masters and other Doctors in Law
1-Without prejudice to the provisions of the preceding article, the inscription in the Order of Lawyers of
jurists of recognized merit and of masters and other doctors in law whose title is
recognized in Portugal depends on the prior achievement of an aptitude exam, without
need for internship achievement.
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2-The aptitude exam has for an end the assessment of the knowledge of the deontological rules
that govern the exercise of the profession.
3-Considerate jurists of recognized merit those graduates in Law who
demonstrate to have sufficient knowledge and professional experience in the field of
domestic Portuguese law or international law to exercise legal consultation, with
the dignity and competence required of the profession.
4-For the purposes of the provisions of paragraph 1, presumed legal experts shall be presumed
specifically the jurists who have effectively provided professional activity by,
at least, 10 consecutive years.
5-The jurists of recognized merit, masters and other Doctors in Law enrolled in the
Order of Lawyers pursuant to this article may practise only acts of
legal consultation, by giving them applicable, with the necessary adaptations, the provisions of
present Statute and too much regulations.
Article 201.
Exercise of advocacy by foreigners
1-Foreign nationals from non-Member States of the European Union to which there have been
conferred by a Portuguese higher education institution one of the academic degrees a
which refer to the points a) and b) of Article 193 may register in the Order of the
Lawyers, on the same terms as the Portuguese, if these were to be granted
reciprocity.
2-Brazilian lawyers whose upper academic training has been held in the
Brazil or in Portugal may register in the Order of Lawyers in regime of
reciprocity.
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Article 202.
Mandatory publication
All the emerging regulation of the competent bodies of the Order of Lawyers well
how the susceptible administrative decisions of contentious appeal reach the exercise
of the profession of lawyer must be compulsorily published in the 2 th grade of the Journal of the
Republic .
CHAPTER V
Lawyers for other Member States of the European Union and Space
European Economic
Article 203.
Recognition of the professional title
1-Are recognized in Portugal, in the quality of lawyers, and as such authorized to
to exercise the respect profession, in the terms of the subsequent articles, the persons who, in the
respects member countries of the European Union and of the European Economic Area,
are authorized to exercise the professional activities with one of the titles
following professionals:
In Belgium-Avocat / Advocaat/Rechtsanwalt;
In Denmark-Advokat;
In Germany-Rechtsanwalt;
In Greece-dijgcóqoy;
In Spain-Abogado / Advocat/Avogado/Abokatu;
In France-Avocat;
In Ireland-Barrister / Requitor;
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In Italy-Avvocato;
In Luxembourg-Avocat;
In the Netherlands-Advocaat;
In Austria-Rechtsanwalt;
In Finland-Asianajaja / Advokat;
In Sweden-Advokat;
In the United Kingdom-Advocate / Barrister/Solicitor;
In the Czech Republic-Advokát;
In Estonia-Vandeadvokaat;
In the Cyprus-dijgcoqoy;
In Latvia-Zverinats advokáts;
In Lithuania-Advokatas;
In Hungary-Ügyvéd;
In Malta-Avukat / Prokuratur Legali;
In Poland-Advwokat / Radca prawny;
In Slovenia-Odvetnik / Odvetnica;
In Slovakia-Advokát / Komer*y ' pravenik;
In Bulgaria-адвососососост
In Romania-Avocat;
In Croatia-Odvjetnik, Odvjetnica;
In Iceland-Lögmaður;
In Liechtenstein-Rechtsanwalt;
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In Norway-Advokat.
2-The same recognition regime is worth to the lawyers of other countries that
enjoy freedom of provision of services under the law of the European Union.
Article 204.
Modes of professional exercise
1-Any of the lawyers identified in the previous article, hereinafter referred to by
lawyers of the European Union, may, in harmony with the provisions of the following article,
to exercise your activity in Portugal with your professional title of origin, expressed in the
respects official language and with the indication of the professional organization to which it belongs or
of the jurisdiction with which it is admitted under the law of its State of
origin.
2-Without prejudice to the provisions of the preceding paragraph, the representation and the judicial mandate
before the Portuguese courts can only be exercised by lawyers of the Union
European who exercise their activity with their professional title of origin under the
counsel guidance entered in the Order of Lawyers.
3-Lawyers in the European Union may still exercise their activity in Portugal with
the title of lawyer, upon prior enrolment in the Order of Lawyers.
Article 205.
Exercise with the professional title of origin
1-A occasional provision of professional advocacy services in Portugal by lawyers
of the European Union that will carry out its activity with its professional title of origin
is free, without prejudice to these shall give advance knowledge of that fact to the Order
Lawyers, under the Act No 9/2009 of March 4, amended by the Laws
n. ºs 41/2012, of August 28, and 25/2014, of May 2.
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2-The establishment in Portugal of lawyers from the European Union who wish to
to exercise your activity with your professional title of origin depends on prior
register in the Order of Lawyers under Law No. 9/2009 of March 4, amended
by the Laws n. ºs 41/2012, of August 28, and 25/2014, of May 2.
Article 206.
Electro trade
Lawyers for the European Union can exercise their activity through trade
electro, with a destination to the national territory, observed that are the applicable requirements
in the Member State of origin, particularly the deontological standards there, thus
as the permanent provision of information provided for in Article 10 of the Decree-Law
n ° 7/2004 of January 7, as amended by Decree-Law No. 62/2009 of March 10 and by the
Law No. 46/2012 of August 29.
Article 207.
Professional status
1-In the provision of professional law services in Portugal the lawyers of the Union
European who exercise their activity with their professional title of origin are
subject to the professional and deontological rules applicable to Portuguese lawyers,
without prejudice to the rules of the State of origin to which they should continue to subject.
2-The lawyers of the European Union established in Portugal on a permanent basis and
recorded under the terms of the previous article electing, from each other, a representative to the
congress of Portuguese lawyers.
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Article 208.
Enrollment in the Order of Lawyers
1-The establishment in Portugal of lawyers from the European Union who wish to
exercise your activity with the professional title of lawyer, in full equality of
rights and duties with Portuguese lawyers, depends on prior enrollment in the
Order of Lawyers.
2-A The use of the professional title of attorney shall be without prejudice to the right of use of the
professional title of origin, in accordance with the provisions of Article 205 (1).
Article 209.
Disciplinary responsibility
1-The lawyers of the European Union who exercise their activity with their title
professional of origin are subject to the disciplinary penalties provided for the
Portuguese attorneys, owing the disciplinary process to be instructed in
collaboration with the equivalent professional organisation of the State of origin, which it is
informed of the sanction applied.
2-A disciplinary liability to the Order of Lawyers shall be independent of the
disciplinary responsibility to the professional organization of the respective state of the
origin, worth, however, the communication by the latter of the facts that
have determined the initiation of a disciplinary procedure or the application of a sanction to
a lawyer who also exercises his or her activity in Portugal as participation
discipline for the purposes of the provisions of the disciplinary regulation.
3-Without prejudice to the provisions of the preceding paragraph, the lawyer of the European Union who
has been suspended or prohibited from exercising the profession by the professional organisation of the
State of origin is automatically prevented from exerting your activity on
Portugal with their professional title of origin, while lasting that suspension or
prohibition.
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Article 210.
Company of lawyers established in Portugal
Attorneys established in national territory may exercise in group the profession,
constituting or joining as partners or associates in attorneys ' societies, with
the limits resulting from Article 213 (7).
Article 211.
Associative organisations of professionals from other Member States
1-The associative organizations of professionals who are equipped with lawyers constituted
in another Member State of the European Union for the exercise of professional activity
whose manager or administrator is a professional and whose capital with right to vote
kayba majority-related to the professionals concerned or other associative organizations
whose capital and voting rights fall majoritariously to those professionals can
enroll the permanent representative offices in Portugal, constituted in the
terms of the commercial law, as members of the Order of Lawyers, being as such
equated with corporation of lawyers for the purposes of this Statute, with the limits
resulting from Article 213 (7).
2-The capital requirements referred to in the preceding paragraph are not applicable if this is not
has social capital, applying, in its place, the requirement for allocation of the
majority of voting rights to the professionals there referred to.
3-The equiparation judgment referred to in paragraph 1 is governed by:
a) As for nationals of Member States of the European Union, by the Article 4 (4)
1 of Law No. 9/2009 of March 4, amended by Laws No. 41/2012, 28 of
August, and 25/2014, of May 2;
b) As for nationals of third countries whose qualifications have been obtained
out of Portugal, by the prevailing reciprocity regime.
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4-The legal regime of enrolment of associative organizations of professionals of others
Member States appear in the legal regime of the constitution and operation of the
companies of professionals who are subject to professional public associations.
Article 212.
Other law service providers
1-Companies that establish themselves on national territory for the provision of services of
advocacy through its associates, administrators, managers, employees or
subcontractors who do not constitute themselves in the form of corporate lawyers nor if
wish to enrol in the Order of Lawyers pursuant to the previous article, lack
of registration in the Order of Lawyers.
2-A violation of the provisions of the preceding paragraph constitutes counterordinance, punishable by
fine of € 2500 a € 25000, pursuant to the general scheme of the counterorders.
3-To the providers referred to in paragraph 1, the limits resulting from Article 7 (7) apply
next with the necessary adaptations.
CHAPTER VI
Societies of lawyers
Article 213.
Societies of lawyers
1-Lawyers may exercise the profession constituting or joining in societies of
lawyers, as partners or associates.
2-Can still be partners of lawyers ' societies:
a) Companies of lawyers previously constituted and entered in the Order of the
Lawyers;
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b) Associative organizations of professionals who are equipped with lawyers constituted
in another Member State of the European Union whose capital and voting rights kayba
majoritarian to the professionals concerned.
3-The capital requirement referred to in para. b ) of the previous number is not applicable in case this
does not have a social capital.
4-The equiparation judgment referred to in point (a) b ) of paragraph 2 is governed by:
a) As for nationals of Member States of the European Union, by the Article 4 (4)
1 of Law No. 9/2009 of March 4, amended by Laws No. 41/2012, 28 of
August, and 25/2014, of May 2;
b) As for nationals of third countries whose qualifications have been obtained
out of Portugal, by the prevailing reciprocity regime.
5-Lawyers ' societies enjoy the rights and are subject to the applicable duties
to lawyers who are compatible with their nature, being in particular
subject to the principles and deontological rules set out in this Statute, well
as to the disciplinary power of the Order of Lawyers.
6-The members of the executive body of lawyers ' societies, regardless of
your quality as attorneys enrolled in the Order of Lawyers, must respect the
principles and deontological rules, technical and scientific autonomy and guarantees
conferred on lawyers by the law and by this Statute.
7-It is not permitted for lawyers ' societies to directly or indirectly exercise their
activity in any type of association or integration with other professions, activities
and entities whose social object is not the exclusive exercise of advocacy.
8-A The constitution and operation of lawyers ' societies appears in the legal regime
of the constitution and operation of the societies of professionals who are subject to the
regime of professional public associations.
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9-The relations between the lawyers who integrate the societies, specifically among the
partners, associates and trainees, as well as the contractual relationships with the rest
lawyers who provide services to these societies, are the object of their own regulation.
10-Societies must opt, at the time of their constitution, by one of the two types
following, depending on the regime of liability for social debts to be adopted, owing
the firm contain the mention of the adopted regime:
a) Unbounded liability companies, RI;
b) Limited liability companies, RL.
11-A liability for social debts includes those generated by stock or omissions
imputed to associates, associates and trainees, in the exercise of the profession.
12-In the societies of unlimited liability, the partners answer personal, unlimited and
jointly and severally by the social debts, without prejudice to the provisions of the following number.
13-Unlimited liability company creditors can only require the partners to
payment of social debts after the preview excuses from the goods of the society.
14-In societies of limited liability, only society accounts for debts
social, up to the limit of compulsory civil liability insurance.
15-Lawyers ' societies shall apply for the tax regime provided for by the companies
constituted in the commercial form.
Article 214.
Partners
Professional associates of industry can only exercise professional activity of attorney
in a single society, and may not carry out such activity outside of this, unless the contract of
society otherwise dispens or is entered into written agreement in that direction by all of the
partners.
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Article 215.
Associates
1-In lawyers ' societies may exercise their professional activity lawyers shall not
partners who take the assignment of associates.
2-The rights and duties of the associates must appear in the contract of society or stay
defined in the career plans and of them should be given knowledge to the associate, in the
moment of its integration into society.
Article 216.
Amendment of the contract
The changes to the contract of society depend on deliberation of the partners, approved by
majority of 75% of the votes cast.
Article 217.
Approval of the social pact project
1-The social compact project is submitted to the approval of the general counsel of the Order of the
Lawyers, who decides in 30 days.
2-Of the deliberation of the general council rests with the upper board of the Order of the
Lawyers.
Article 218.
Correspondence and documents
1-A firm of the Society and the mention of the liability regime shall appear in the
correspondence and all the documents of the society and the professional writings of the
partners, associates or trainees.
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2-Without prejudice to the schedule in the preceding paragraph, the use of denominations is permitted
abbreviated with recourse to the initials of the names that make up the firm of the society, well
as of logotypes, subject to approval under the previous article.
Article 219.
Social participations
The transmission of the equity participation of the partner does not imply the extinction of the respect
industry participation, unless unanimous deliberation to the contrary.
Article 220.
Votes
At the general meeting, the partner may make himself represented in the exercise of the right to vote by
another partner, mandawed to the effect.
Article 221.
Administration of society
The exercise of the powers of administration must conform to the independence of the
partner as a lawyer, regarding the practice of the professional acts of professional acts.
Article 222.
Immediate dissolution
The society dissolves in the cases provided for by law, in the contract of society and still:
a) When, within six months, the plurality of associates shall not be reconstituted;
b) By deliberation of the partners, approved unanimously, save if amusingly
conventionalized in the contract of society.
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Title VII
Final and transitional provisions
Article 223.
Single counter and documents
1-All applications, communications and notifications provided for in this Statute between the
Order of Lawyers and the lawyers, attorneys ' societies or other
associative organizations of professionals, with the exception of those relating to procedures
disciplining and the vote by correspondence, are carried out by electronic means,
through the electronic single-counter of the services, referred to in Articles 5 and 6 of the
Decree-Law No. 92/2010 of July 26, accessible through the website of the Order
of the Lawyers.
2-A presentation of documents in simple form pursuant to the previous number
dispensing the consignment of the original, authentic, authenticated or certified documents,
without prejudice to the provisions of the provisions of a) and c) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the
Decree-Law No. 92/2010 of July 26.
3-When it is not possible to comply with the provisions of paragraph 1, on grounds of
unavailability of the electrolytic platforms, as well as in cases where the
interested do not have means that will enable you to access them, the transmission
of the information in appreciation can be made by delivery in the services of the Order of the
Lawyers, by consignment by mail under registration, by fax or by post
electro.
4-Are still applicable to the procedures referred to in this Article o
points d) and e) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010 of 26 of
July.
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Article 22.
Information on the Internet
In addition to the information referred to in Article 6 (3) of the Decree-Law No 92/2010 of 26
of July, and in Art. 19 (4) of Directive No 2000 /31/CE of the European Parliament and
of the Council of June 8, 2000 on certain legal aspements of the services of the
information society, in particular of the electronic trade, in the internal market, the
Order of Lawyers shall make available to the public at large, through their site in the
Internet, the following information:
a) Regime of access and exercise of the profession;
b) Principles and deontological rules applicable to lawyers;
c) Procedure for filing a complaint or complaints by the recipients
concerning the services provided by lawyers in the context of their activity;
d) Offers of employment in the Order of Lawyers;
e) Updated registration of lawyers enrolled in the Bar of Lawyers, donde
conste:
i) The name, professional domicile and the number of professional ballot;
ii) The designation of the title and professional specialties;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
f) Updated registration of lawyers from the European Union, donde conste:
i) The name and professional domicile and, in case there is, the designation of the title
professional of origin and respect specialties;
ii) The identification of the professional public association of the Member State of
origin, in which the professional finds himself enrolled;
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iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
iv) The information relating to the companies of professionals or other forms of
associative organization of professionals to provide services in the
State-Member State of origin, in case here you provide services in that capacity;
g) Updated registration of lawyers ' societies and other forms of
associative organization inscribed with the respect designation, headquarters, number of
enrollment and tax identification number or equivalent.
Article 225.
Administrative cooperation
The Order of Lawyers provides and requests the administrative authorities of the others
Member States and the European Commission mutual assistance and take the necessary measures
to cooperate effectively, notably through the Market Information System
Internal, in the context of the procedures for service providers already established
in another Member State, pursuant to Chapter VI of Decree-Law No. 92/2010, 26 of
July, Article 51 (2) of Law No 9/2009 of March 4, as amended by the Laws n.
41/2012, of August 28, and 25/2014, of May 2, and of paragraphs 2 and 3 of Article 19 of the
Directive No 2000 /31/CE of the European Parliament and of the Council of June 8, 2000,
on certain legal aspements of the services of the information society, in particular of the
electro trade.
Article 226.
Arbitral tribunal
1-The conflicts between associates of a society of lawyers, or between these and the society,
may be submitted to arbitral tribunal under the law and proposal of
regulation to be drawn up by the general counsel of the Order of Lawyers.
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2-From the final decision of the arbitral tribunal it is not up to appeal.
Article 227.
Tutela
1-A The tutelage of legality on the Order of Lawyers, pursuant to the Act, competes in the
member of the Government responsible for the area of justice.
2-Within the framework of the tutelage of legality, the regulations that versem on the stages, the
evidence of access to the profession and professional specialties only produce effects after
homologation of the member of the Government responsible for the area of justice, which considers itself
given if there is no decision to the contrary in the 90 days following that of your payee, in the
Terms of Law No. 2/2013 of January 10.
