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Royal Decree 658/2001 Of 22 June, Which Approves The General Staff Of The Spanish Legal Profession.

Original Language Title: Real Decreto 658/2001, de 22 de junio, por el que se aprueba el Estatuto General de la Abogacía Española.

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TEXT

On May 31, the State Pact for the Reform of Justice was signed in order to address a full modernization of our judicial system, promoting a new model of global and stable justice that will guarantee speed, efficiency and quality of citizens ' rights. Lawyers should play an essential role in this process. In this regard, point 20 of the State Pact, concerning lawyers, explicitly provides for the adoption of a new Statute for the Advocate which constitutes a new regulatory framework for the exercise of the profession.

Consequently, it is the Government's desire to approve through Royal Decree the proposal that the General Council of Spanish Lawyers has elevated to the Government in use of the powers of self-regulation that it has attributed.

In order to achieve a more agile and effective Justice it is essential to modernise the regulation of the profession of lawyer as a necessary collaborator of the judicial function. The role of the lawyer in the exercise of his profession and in the defence of his client actively contributes to improving and increasing the quality of justice. This Statute defines the role and characteristics of the law in its first article as a free and independent profession that "provides a service to society in the public interest".

The Constitution itself enshrines in its article 24 the citizens ' right to defense and legal assistance. This function, attributed exclusively to the law and developed by the Organic Law of the Judiciary, is inspired by a series of principles widely developed and reinforced by the new Statute.

The principle of good faith is reinforced, which in any case presides over the relations between the client and the lawyer, guaranteeing the proper defense of the interests of the justiciable before the courts.

Similarly, the guarantee enshrined in the new Statute of the principles of freedom and independence of the legal professionals always placed at the service of the defendant, allows the most suitable defense of the rights and Citizens ' freedoms.

The deontological and ethical duties of the lawyers are substantially reinforced in the present Statute, in a significant way endorsing the full validity of the aforementioned principles. The demand for compliance with the defence function with the "utmost zeal and diligence and keeping the professional secrecy" provided for in Article 42.1 is a clear example of rigour in the defence of citizens ' rights.

For the first time, the new regulation provides for the associations of lawyers with other professionals in such a way that they offer specialized services in a coordinated manner for the benefit of the client. This participation of the lawyer is regulated as a member of a multi-professional society with an appropriate guarantee scheme which preserves, in any case, professional ethics. The collective offices are also subject to regulation, with the modernization of their operation with the important novelty of the removal of the limitation in the number of members that make up them so far.

In order to speed up the process and to modernise the system of collegiation, the General Staff Regulations have been incorporated into the General Staff Regulations, which have been in force since the 1996 reform, which facilitates the professional mobility of the Advocate for free exercise across the State-wide scope without the need for additional formalities.

This measure powers the lawyer's free choice in favor of the client.

Another important step is the disappearance of the procedural requirement for the client's powers regarding his lawyer as a traditional procedure prior to the start of the defense. With its deletion, the procedure in the appointment of the lawyer is facilitated and streamlined, eliminating the exclusively bureaucratic and reducing costs.

In line with bringing justice closer to the citizen, and as a consequence of the 1996 reform, the procedure's cheapness is made possible. In the former Staff Regulations, the Professional Colleges set the minimum fees payable by the client to the lawyer. In the new Statute, the Colleges will only set guidance fees, which will allow greater competition and improvement of the services offered.

A very particular advance for the client in his relationship with the lawyer is the fact that for the first time it is the Bar Association that can provide services for the insurance of professional liability. in which the lawyer may incur. This is a new guarantee which is in the way of improving the professional service provided. The client will be able, from now on, to demand higher quality professional services and in line with social demands.

The previous General Staff Regulations were approved by Royal Decree 2090/1982 of 24 July. Since that date, substantial legislative reforms have taken place which, together with the transformation into the reality of the professional practice of law, make it necessary to adopt a new regulatory framework that will accommodate new practices. professionals who demand the increasing complexity of social, legal and economic relations and legal reforms.

Law 2/1974, of 13 February, of Professional Colleges, determines that the Professional Colleges, without prejudice to the laws governing the profession in question, are governed by its Statutes and by the Regulations internal. It also provides that the General Councils shall draw up for all the Colleges of the same profession a General Statute, which shall be submitted to the Government, through the competent Ministry.

For all this, the General Council of the Advocate General, which has already been adapting to the new requirements its rules of procedure, in accordance with Article 6.2 of the Law of Professional Colleges, has drawn up a draft of the The General Statute of the Spanish Lawyer, which, through the Ministry of Justice, has been submitted to the Government's approval.

In its virtue, on the proposal of the Minister of Justice, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on June 22, 2001,

D I S P O N G O:

Single item. Approval of the General Staff Regulations of Spanish Lawyers.

The General Statute of the Spanish Lawyer is approved, the text of which is inserted below.

Single repeal provision. Regulatory repeal.

The Royal Decree 2090/1982 of 24 July, which is approved by the General Staff Regulations, is hereby repealed, as well as all the rules of equal or lower rank relating to the professional organisation of the profession of law What is established in this Royal Decree.

Final disposition first. Regional legislation.

The provisions of the General Staff Regulations shall be without prejudice to the provisions of the Constitution, the State Law and the Statute of Autonomy, in accordance with the Constitution.

Final disposition second. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to June 22, 2001.

JOHN CARLOS R.

The Minister of Justice,

ANGEL ACEBES PANIAGUA

GENERAL STATUTE OF THE SPANISH LEGAL PROFESSION

TITLE I

ONLY CHAPTER

From advocacy and their governing bodies

Article 1.

1. The law is a free and independent profession which provides a service to society in the public interest and which is exercised under free and fair competition, through the council and the defence of public or private rights and interests, by means of the application of legal science and technology, in order to concord, to the effectiveness of fundamental rights and freedoms and to justice.

2. In professional practice, the lawyer is subject to statutory and statutory regulations, to the faithful compliance with the rules and uses of the professional ethics of the lawyer and to the consequent collegial disciplinary regime.

3. The decision-making bodies of the Spanish Advocate, in their respective fields, are: the General Council of the Spanish Advocate General, the Councils of the Bar Association and the Bar Association. All collective bodies shall be subject to their performance and functioning to the principles of democracy and to the annual budgetary control system, with the powers conferred on them by the statutory and statutory provisions.

Article 2.

1. The Bar Association is public law corporations covered by the Law and recognized by the State, with its own legal personality and full capacity to fulfill its aims.

2. In the provinces where there is only one Bar, the Bar will have jurisdiction in the territorial area of the entire province and seat in its capital.

3. In the provinces with several Lawyers ' Colleges, each of them will have exclusive and exclusive competence in the territorial area that the Spanish Constitution of 1978 was enacted, whatever the number of judicial parties now understand.

4. The modification of the judicial demarcations will not affect the territorial scope of the Bar Association, which will have jurisdiction in the new judicial parties that may be created in their territory.

5. In the event of the creation of judicial parties comprising territories of different Colleges, the latter may agree to the modification of their territorial scope in order for the collegial competence to affect whole judicial parties, except that the Another thing is to be agreed. If no agreement is reached between the Colleges, the Council of Colleges of the respective Autonomous Community or, failing that, the General Council of the Advocate shall attribute the collegial competence, appropriately pondering the concurrent circumstances.

TITLE II

CHAPTER I

From Bar Colleges

Article 3.

1. They are essential purposes of the Bar, in their respective fields, the organization of the exercise of the profession; the exclusive representation of the profession; the defense of the professional rights and interests of the collegiate; the training permanent professional of lawyers; the deontological control and application of the disciplinary regime in guarantee of the society; the defense of the social and democratic state of law proclaimed in the Constitution and the promotion and defense of the Human Rights, and collaboration in the operation, promotion and improvement of the Administration of Justice.

2. The Bar Association shall be governed by the laws of the State or the Autonomous Communities which affect them, by the present General Statute, by its special statutes, by its Regulations of internal rules and by the agreements approved by the different corporate bodies within the scope of their respective competencies.

Article 4.

1. They are the functions of the Bar Association, in its territorial scope:

a) To be represented by the representation that establishes the Laws for the fulfillment of its purposes and, especially, the representation and defense of the profession before the Administration, Institutions, Courts, entities and individuals, with legitimization to be a party to any disputes and causes affecting the rights and interests of the profession and the purposes of the law, to exercise the criminal, civil, administrative or social actions that are brought, as well as to use the right of petition under the law.

b) To inform, in the respective fields of competence, in writing or in writing, in how many projects or initiatives of the General Courts, of the Government, of legislative or executive bodies of a regional character and of how many others Bodies that so require.

c) Collaborate with the Judiciary and other public authorities by carrying out studies, issuing reports, compiling statistics and other activities related to their purposes, which are requested or agreed upon. on its own initiative.

d) Organise and manage free legal assistance services and how many other legal assistance and guidance can be legally established.

e) Participate in matters of the profession in the advisory bodies of the Administration, as well as in the interbranch organizations.

f) Ensure the representation of the law in the Social Councils and University Patronates, in the terms established in the rules that regulate them.

g) To participate in the elaboration of curricula, to inform the norms of organization of the teaching centers corresponding to the profession, to maintain permanent contact with them, to create, to maintain and to propose to the General Council of the Spanish Bar the approval of Schools of Legal Practice and other means to facilitate access to the professional life of the new graduates, and to organize courses for the training and professional improvement.

(h) Order the professional activity of the collegiates, ensuring professional education, ethics and dignity and respect due to the rights of individuals; exercise disciplinary power in order professional and collegial; draw up their own statutes and amendments, subject them to the approval of the General Council of the Spanish Bar; draw up and approve their own Rules of Procedure, without prejudice to their endorsed by the General Council and other agreements for the development of its powers.

i) to organise and promote common activities and services of interest to the collegiate, professional, training, cultural, welfare, forecasting and other analogues, including the compulsory insurance of the professional civil liability when legally established.

j) To seek harmony and collaboration among the collegians by preventing unfair competition between them.

k) Adopt measures conducive to avoiding and pursuing professional intrusive.

l) To intervene, upon request, in the form of conciliation or arbitration in matters which, for professional reasons, are raised among the members of the school, or between them and their clients.

m) Exercise arbitration in the matters to which they are subject, as well as promote or participate in arbitration institutions.

n) To resolve any discrepancies that may arise in relation to the professional performance of the collegiates and the perception of their fees, by means of the award to which the interested parties are subject in advance.

n) We shall establish guidance scales on professional fees, and, where appropriate, the regime of the order notes or budgets for the clients.

o) Inform and rule on professional fees, as well as establish, where appropriate, voluntary services for their collection.

p) Fulfill and enforce the collegial, as soon as it affects the profession, the legal and statutory provisions, as well as the rules and decisions adopted by the collective bodies in the field of their competence.

q) How many other functions are in the interest of the profession, the collegiate and other legal purposes.

r) Other people who come under state or regional legislation.

2. The Schools may establish delegations in those judicial districts in which it is appropriate for the best fulfillment of the purposes and effectiveness of the collective functions. The delegations shall have the collegial representation delegated in the field of their demarcation, with the powers and powers to be determined by the College's Governing Board when they are created or in subsequent agreements.

Article 5.

1. The Bar Association will have its traditional treatment and, in any case, that of illustrious and its Dean the one of illustrious sir. However, the Dean of Colleges at the headquarters of the High Court of Justice, the Presidents of Councils of Colleges of the Autonomous Community and the members of the General Council of the Advocate General, who have no other treatment for their Decano's condition, they will have that of excellent lord. Both these treatments, and the honorary denomination of Dean, will be shown for life.

2. The Dean of Colleges whose seat is located in provincial capital shall have the honorary consideration of the President of the Chamber of the respective Court or Hearing. The Dean of the other Colleges shall have the honorary consideration of the Magistrate or Judge of the Court of First Instance and Instruction of the locality in which the College is constituted.

3. The Dean of the Bar Association and the members of the Councils of Colleges of Autonomous Communities and of the General Council of the Spanish Advocate General will carry on their togas, as well as the medals and plates corresponding to their posts, in public hearing and solemn acts to which they attend the exercise of the same. On such occasions, the other members of the Board of Government of the Bar Association shall bear the attributes of their posts on the toga, as well as to the toga if they have traditionally recognized that right.

CHAPTER II

From lawyers

SECTION 1. GENERAL PROVISIONS

Article 6.

The name and function of a lawyer to the Licensed in Law that professionally exercises the direction and defense of the parties in all manner of processes, or the legal advice and advice.

Article 7.

1. The Bar Association shall ensure that no person is denied the assistance of a lawyer for the defence of his rights and interests, whether of his free choice or of trade, with or without recognition of the right of legal assistance free, in accordance with the requirements laid down for this purpose.

2. The organs of the law, in their respective fields, shall ensure the legal means at their disposal to remove the impediments of any kind which oppose the intervention in the law of the lawyers, including the regulations, as well as for the uniqueness of your performance to be recognized.

3. The Bar Association, the Councils of Colleges of the Autonomous Communities and the General Council shall exercise the actions that they have taken for alleged crimes or offences of intrusive.

Article 8.

1. The professional intervention of the lawyer in all manner of proceedings and before any jurisdiction shall be mandatory where the law so provides.

2. The lawyer may exercise his profession before any class of courts, administrative bodies, associations, corporations and public entities of any kind, without prejudice to the right to do so before any private entity or person when required by your services.

3. The lawyer may be represented by the client when other professions are not reserved by law.

Article 9.

1. It is lawyers who, incorporated in a Spanish Bar of Lawyers in the capacity of exercising and fulfilling the necessary requirements for this, are engaged in a professional way to the advice, concord and defense of the legal interests of others, public or private.

2. The name and function of the lawyer to those who are in agreement with the previous definition, and in the terms provided for in Article 436 of the Organic Law of the Judiciary.

3. However, they may continue to use the name of lawyer, always adding the term 'no exercise', who shall cease in the exercise of that profession after having exercised at least 20 years.

4. They may also belong to the Bar Association, with the denomination of non-exercising collegias, who meet the requirements laid down in Article 13.1 of this General Staff Regulations.

Article 10.

May be Decans or Collegiates of Honor those persons or institutions that receive this appointment by agreement of the General Board of the College, on a proposal from the Government and on merit or relevant services (a) in favour of the Advocate or of the College itself.

SECTION 2 OF THE COLLEGIATE

Article 11.

For the exercise of the law, the collegial is compulsory in a Bar, except in the cases expressly determined by the Law or by this General Statute. The incorporation of a single College, which shall be that of the single or principal professional domicile, shall be sufficient to exercise throughout the territory of the State.

Article 12.

The number of the components of the Bar Association may not be limited, nor may the admission of new members be closed temporarily or definitively.

Article 13.

1. Joining a Bar will require the following requirements:

(a) Having Spanish nationality or of any Member State of the European Union or of the Agreement on the European Economic Area of 2 May 1992, except as provided for in international treaties or conventions or legal dispensation.

b) Being older and not being incourted because of disability.

(c) Possession of the degree of licentiate in law or foreign securities which, in accordance with the rules in force, are approved to those.

d) Satisfy the membership fee and the other that the College has established.

2. Incorporation as an exercise shall also require the following requirements:

a) Criminal records that are disabled for the exercise of the law.

b) Not being incourseable because of incompatibility or prohibition for the exercise of the law.

c) By law, as provided for in Articles 36 and 149.1.30.a of the Constitution, it may be possible to establish comparable formulas with the rest of the countries of the European Union which guarantee the preparation for the exercise of the profession.

In any event, officials shall be exempt from such a regime in the service of public administrations, in the civil or military field, who have exceeded the corresponding competitions or entry competitions, for which concurrency has accredited the law degree and taken possession of his office, as well as who has previously been a legal practitioner incorporated in any Bar of Spain.

d) To formalize the income in the General Mutuality of the Advocate, Mutual Social Welfare Mutual Social Security, or, where appropriate, in the Social Security System that corresponds according to the legislation in force.

Article 14.

1. These are the determining circumstances of incapacity for the practice of law:

(a) Impediments that, by their nature or intensity, do not permit the fulfillment of the mission of defense of the interests of others that are entrusted to the lawyers.

(b) The disablement or suspension is expressed for the exercise of the law by virtue of a firm judicial or corporate judgment.

(c) Firm disciplinary sanctions that lead to the suspension of professional practice or the expulsion of any Bar.

2. Disabilities shall disappear when the causes which have been motivated or have been extinguished by disciplinary responsibility pursuant to Article 90 of this Statute shall cease.

Article 15.

1. Applications for incorporation shall be approved, suspended or refused by the Governing Board of each College, prior to the proceedings and reports which proceed, by means of a reasoned decision against which the resources provided for in the Staff Regulations shall apply. General.

2. The Bar Association may not refuse entry into the corporation to those who meet the requirements laid down in Article 13 of this General Statute.

Article 16.

1. The lawyers, before beginning their professional exercise for the first time, will take the oath or promise of compliance with the Constitution and the rest of the legal system, and of faithful compliance with the obligations and ethical norms of the profession of lawyer.

2. The oath or promise shall be given to the Board of Government of the Bar Association to which the lawyer is to be employed for the first time, in the form that the Board itself establishes.

3. The Board may authorise the oath or promise to be initially formalized in writing, with a commitment to its subsequent public ratification. In any event, the personal file of the collegial of the provision of that oath or promise shall be recorded.

Article 17.

1. Any lawyer incorporated in any Bar of Spain may provide his professional services freely throughout the territory of the State, in the other Member States of the European Union and in other countries, according to the rules in force in this respect. Lawyers from other countries will be able to do so in Spain in accordance with current regulations.

2. In order to act professionally in the territorial scope of any other College other than the one to which it is incorporated, the lawyer may not be required to make any payment of financial compensation other than those which are (a) normally require members of the College where they are to intervene for the provision of the services of which they are beneficiaries and who are not covered by the collegial quota.

3. However, the lawyer who is to practise in a territory other than that of his or her collegiation must inform the College in whose field he is directly involved, through the College itself to which he is incorporated, of the General Council of the Spanish lawyer or the corresponding Autonomic Council, in the form established by the General Council of Spanish Law. The communication shall take effect from its presentation, registration and stamp of the copy, without prejudice to the receipt of the College of Origin which, after due diligence by the General Council of the Spanish Advocate General, that the communicant is not sanctioned or (a) unfit for professional practice in any of the Spanish Colegio (s), stating before the College of destination that the communicant is incorporated in the same as a lawyer in exercise and who has not been punished or incapacitated for such an exercise in no Bar of Spain.

4. In the course of the professional proceedings which he carries out in the territory of another College, the lawyer shall be subject to the rules of procedure, ethics and disciplinary rules of the same. The College shall protect its freedom and independence in defence and shall be competent for the processing and resolution of the disciplinary proceedings to which it has taken place, without prejudice to the fact that the possible sanction takes effect in all the Spain in accordance with Article 89.2 of this General Statute.

5. No incorporation shall be required of a College for the defence of own affairs or of relatives up to the third degree of consanguinity or second degree of affinity, provided that the person concerned meets the requirements laid down in Article 13.1 (a), (b) and (c) of this Statute, as well as those who may lay down the rules in force. Those who are in this case will be enabled by the Dean of the Bar for the intervention requested. Such a rating is for the person who receives it, although only in relation to the subject or matters to which it reaches, the enjoyment of all the rights granted in general to the lawyers and the assumption of the correlative obligations.

Article 18.

1. The incorporation or communication of professional performance credits the Advocate as such, without the need for any designation or appointment of the Judiciary or the Public Administration.

2. The Secretary of the College shall forward annually the list of the lawyers employed, to all the Courts and Tribunals of their territory, as well as to the Prison and Detention Centers, which shall be regularly updated. with the ups and downs.

The lawyers appearing on those lists may not be required to give them another proof for the exercise of their profession.

3. The Registrar of the College or person to whom he delegates may verify that the lawyers acting in the offices and proceedings are incorporated as exercising in that College or in another of Spain, or who, although not been enabled in accordance with the last paragraph of the previous article.

4. Lawyers shall record in all of their actions the College in which they are incorporated, the number of the collegiate and, where appropriate, the date of the communication or qualification provided for in the preceding article.

Article 19.

1. The collegiate condition will be lost:

a) By death.

b) By voluntary leave.

(c) For non-payment of the ordinary or extraordinary shares and of the other collective charges to which they are obliged. However, the non-payment of the contributions of the General Mutuality of the Advocate, Mutual Social Welfare at fixed premium, will not give rise to the immediate loss of the condition of the collegiate, without prejudice to the disciplinary responsibility that corresponds.

(d) For a firm conviction that carries with it the principal or ancillary penalty for the exercise of the profession.

e) By firm sanction of expulsion from the College, agreed on disciplinary record.

2. The loss of the collegiate status shall be agreed upon by the Board of Government of the College in a reasoned resolution and, once signed, shall be communicated to the General Council and the Council of Colleges of the corresponding Autonomous Community, if any.

3. In the case of paragraph 1 (c) above, the members of the college may rehabilitate their rights by paying the due, their interest at the legal rate and the amount corresponding to them as a new addition.

Article 20.

The Boards of Government of the Bar Association will agree to the situation of non-exerciser of those lawyers in whom one of the determining circumstances of incapacity or incompatibility for the exercise, while that subsidiary, without prejudice to the fact that, if there is a place, they resolve what is to be done on a disciplinary basis and regardless of the final collegial situation in which the person who is unable to practice law must remain.

SECTION 3 PROHIBITIONS, INCOMPATIBILITIES AND SPECIAL RESTRICTIONS

Article 21.

Lawyers have the following prohibitions, the infringement of which will be disciplined in a disciplinary manner:

a) To practice law by being incourses because of incompatibility, as well as to lend his signature to those who, for whatever reason, cannot exercise as lawyers.

b) Local sharing or services with incompatible professionals, if this will affect the safeguarding of professional secrecy.

(c) Maintain associative links of a professional nature that impede the proper practice of law, taking into account the provisions of this Statute and, in particular, Article 22.3.

Article 22.

1. The practice of law is incompatible with any activity that may be detrimental to the freedom, independence or dignity inherent in it.

Likewise, the lawyer who carries out any other activity at the same time shall refrain from carrying out any activity that is incompatible with the correct practice of law, as a result of a conflict of interests that prevents respect the principles of the correct exercise contained in this Statute.

2. Likewise, the practice of law will be absolutely incompatible with:

(a) The performance, in any concept, of posts, functions or public jobs in the State and in any of the public administrations, whether state, regional, local or institutional, whose own regulatory regulations you specify.

b) The exercise of the profession of procurator, social graduate, business agent, administrative manager and any other whose own regulatory regulation so specifies.

c) The maintenance of professional links to any charges or professionals incompatible with the law that prevent the correct exercise of the same.

3. In any event, the lawyer shall not be able to carry out audit of accounts or other activities that are incompatible with the correct practice of law simultaneously for the same client or for those who have been in the preceding three years.

This benefit is not understood to be incompatible if it is made by different legal persons and with different Boards of Directors.

Article 23.

1. The lawyer to whom any of the grounds for incompatibility laid down in the previous Article is concerned must communicate without excuse to the College Government Board and immediately cease in the situation of incompatibility, waiver of the professional exercise if you do not express it in writing within thirty days, with which you will automatically be discharged.

2. The infringement of that duty to cease in the situation of incompatibility, as well as its exercise with infringement of the incompatibilities laid down in the previous Article, directly or by person, shall constitute a very serious infringement, without prejudice to other relevant responsibilities.

Article 24.

1. The practice of law is also incompatible with the intervention of the courts in which the spouse, the permanent survivor with a similar affectivity relationship or the relatives of the spouse, are listed as civil servants or hired. lawyer, within the second degree of consanguinity or affinity.

2. The lawyer to whom such incompatibility is concerned shall abstain from the defence which in such cases may have been entrusted to him. Such an obligation to abstain is without prejudice to the right of refusal to assist the contrarian litigant.

Article 25.

1. The lawyer may advertise his services, which is worthy, fair and truthful, with absolute respect for the dignity of persons, for legislation on advertising, on the defence of competition and unfair competition, in accordance with any Case, to the deontological rules.

2.

following shall be deemed to be contrary to the ethical rules of law:

a) Reveal directly or indirectly facts, data or situations covered by professional secrecy.

b) To cite generic or concrete litigation or conflict.

c) Offering its services, on its own or through third parties, to victims of accidents or misfortunes, to their heirs or to their successors, at the time when they lack full and serene freedom for the choice of lawyer to be found suffering such recent personal or collective misfortune.

d) Promote the achievement of results that are not exclusively dependent on the activity of the lawyer.

e) Make direct or indirect reference to clients of the lawyer himself.

f) Use the emblems or collective symbols and those others that for their similarity could generate confusion, when reserving their use for the institutional advertising that can be carried out for the benefit of the profession in general.

3. Lawyers who provide their services on a permanent or occasional basis to individual or collective undertakings shall require that they refrain from advertising in respect of such services which does not comply with this Statute. General.

Article 26.

1. Lawyers shall be free to accept or reject the address of the case, as well as to waive the case at any stage of the proceedings, provided that the client is not defenceless.

2. Lawyers who have to take care of the professional address of a matter entrusted to another partner in the same instance shall request their consent, unless there is written and unconditional resignation to continue their intervention on the part of the above, and in any case, obtain the information necessary to continue the matter.

3. The application, except in case of urgency to be justified, must be requested in advance and in writing, without the required counsel being able to refuse it and with the obligation on its part to return the documentation in its possession and to facilitate the new lawyer the information required to continue the defense.

4. The replaced lawyer will be entitled to claim the fees that correspond to his professional intervention and the substitute will have the duty to work diligently in the management of his payment.

SECTION 4 INDIVIDUAL, COLLECTIVE AND MULTI-PROFESSIONAL EXERCISE

Article 27.

1. The individual practice of law may be carried out on his own account, as the holder of an office, or as an employee, as a contributor to an individual or collective office. You will not miss the status of a lawyer who holds your own individual office when:

a) The lawyer has in his or her law firm interns or collaborators, with or without employment relationship with them.

b) The lawyer shares the law firm with your spouse, ascendants, descendants or relatives up to the second degree of consanguinity or affinity.

c) The lawyer shares the premises, facilities, services or other means with other lawyers, but maintaining the independence of their law firms, without joint identification of the same to the clients.

d) The lawyer has agreed collaboration arrangements for certain matters or classes of affairs with other lawyers or collective, national or foreign offices, whatever their form.

e) The lawyer constitutes a single-person company for that practice of law, which shall, as soon as it can be applied, observe the provisions of the following article for the collective exercise.

2. The lawyer who holds an individual professional office will respond professionally to his client of the steps or actions carried out by his interns or collaborators, without prejudice to the ability to repeat in front of them if he were to proceed. However, interns and collaborators are subject to the ethical obligations and will assume their own disciplinary responsibility. The fees charged to the client shall be payable in favour of the holder of the office, even if the actions are carried out by other lawyers by delegation or replacement of the same; and in turn, the holder of the office will respond personally of the fees due to the lawyers to whom he or she is responsible or delegated acts even if the client ceases to pay them, except written agreement to the contrary.

3. The exercise of the law of an employed person under special cooperation shall be expressly agreed in writing, laying down the conditions, duration, scope and economic arrangements of the partnership.

4. The law may also be exercised on behalf of others under the employment law, by means of a written contract of employment and in which the basic freedom and independence for the exercise of the profession must be respected and expressed if that exercise were on an exclusive basis.

5. The Bar Association may require the submission of collaboration and work contracts in order to verify that they comply with the provisions of this General Staff Regulations. In the activities carried out by the collaborator in special arrangements or in employment law, by replacement or by delegation of the office with which he collaborates, he shall record on behalf and on behalf of whom he acts.

Article 28.

1. Lawyers may practice the law collectively, by grouping them under any of the lawful forms of law, including commercial companies.

2. The group shall have as its sole object the professional practice of law and shall consist exclusively of lawyers in exercise, without limitation of number. It shall not be able to share premises or services with incompatible professionals, if this affects the safeguarding of professional secrecy. Both the capital and the political and economic rights will have to be attributed only to the lawyers who integrate the collective office.

3. The form of grouping must allow at all times the identification of its members, it must be constituted in writing and register in the Special Register corresponding to the College where it has its domicile. The register shall include the composition of the register and the high and low levels of the composition. Lawyers who are part of a collective office shall be required to apply for the corresponding registration.

4. The lawyers grouped in a collective office may not have independent office of the collective and in the professional interventions that they perform and in the minutes they issue must be aware of their status as members of the collective. However, the actions relating to free legal assistance shall be of a personal nature, even if the College may be requested to be invoiced in the name of the collective office.

5. Lawyers who are members of a collective office shall be free to accept or reject any client or issue of office, as well as full independence to direct the defence of the interests they have entrusted to them. The replacement shall be subject to the rules of operation of the respective office, without specifying the request for an internal application. The fees shall correspond to the collective without prejudice to the internal distribution system setting out the rules.

6. The professional performance of the members of the collective office shall be subject to the collegial discipline of the College in whose field it is carried out, in person the lawyer who has made it. However, the obligation of professional secrecy, incompatibilities affecting any of its members and the situations of a prohibition to act in defence of competing interests shall be extended to all members of the collective office. with those sponsored by any of them.

7. The civil liability for collective clearance shall be in accordance with the general legal regime corresponding to the form of grouping used.

In addition, all attorneys who have intervened in a case will respond civilly to the client on a personal, solidary and unlimited basis.

8. For the best safeguard of professional secrecy and relationships of companionship, the rules governing collective dispatch may subject to collegial arbitration any discrepancies which may arise between its members because of the operation, separation or liquidation of such dispatch.

Article 29.

1. Lawyers may be associated in a multi-professional partnership with other non-incompatible liberal professionals, without limitation of numbers and without affecting their full capacity for the exercise of the profession before any other jurisdiction and Court, using any lawful lawful form, including commercial companies, provided that the following conditions are met:

(a) That the grouping is intended to provide certain joint services, including specific legal services that complement those of other professions.

b) That the activity to be performed does not affect the correct exercise of the law by the lawyers.

(c) that the conditions laid down in the previous Article are met in respect of the practice of the law, except as expressed under paragraph 2 of the law, which shall not apply, or in paragraph 4 of which it shall be the obligation to state the status of a member of the multi-professional collective in the actions to be carried out and the minutes to be issued in its field.

2. A Special Register shall be established in the Bar Association where the groupings shall be registered under multi-professional collaboration.

3. Lawyers must be separated when any of their members fails to comply with the rules on prohibitions, incompatibilities or ethics of law.

TITLE III

Lawyers ' rights and duties

CHAPTER I

General character

Article 30.

The fundamental duty of the lawyer, as a participant in the public service of the Administration of Justice, is to cooperate with him by advising, reconciling and defending in law the interests that are entrusted to him. Under no circumstances can the protection of such interests justify the deviation from the supreme end of justice to which the lawyer is bound.

Article 31.

They are also general duties of the lawyer:

a) Meet the legal, statutory and deontological rules, as well as the agreements of the various corporate bodies.

(b) Maintain open, self-employed, non-business professional office in the territory of the College in whose field it is incorporated and habitually exercised.

c) Communicate your address and any changes thereto to the College to which it is incorporated.

Article 32.

1. In accordance with the provisions of Article 437.2 of the Organic Law of the Judiciary, lawyers must keep secret of all the facts or news that they know for any of the modalities of their professional performance, not may be required to declare on the same.

2. In the event that the Dean of a College, or who is a statutory substitute, is required by virtue of a legal standard or notified by the judicial authority, or in his case of government, competent for the practice of a registration in the office professional of a lawyer, must be personified in that office and attend to the proceedings which in the same one are practiced, ensuring the safeguarding of the professional secrecy.

Article 33.

1. The lawyer is entitled to all the honorary considerations due to his profession and traditionally recognized to it.

2. The lawyer, in compliance with his mission, will act with freedom and independence, without other limitations than those imposed by the Law and by ethical and deontological norms.

3. The duty of legal defense that lawyers are trusted is also a right for them so, in addition to making use of how many remedies or resources establishes the current regulations, they will be able to claim, both from the authorities and the and of individuals, all aid measures in their role that are legally due to them.

4. If the lawyer understands that he or she is not respected because of his mission, freedom and independence, he or she may make it present to the Judge or Court to put the right remedy.

CHAPTER II

In relation to the College and to other collegians

Article 34.

They are the duties of the schoolboys:

(a) To be aware of the payment of their shares, ordinary or extraordinary, and to lift the other collective charges, whatever their nature, in the form and time limits to the established effect. To such effects are considered to be corporate burdens all imposed by the College, the Council of Colleges of the Autonomous Community, if any, or the General Council of the Advocate, as well as those corresponding to the General Mutuality of the Advocate, Mutual Social Security at fixed premium.

b) To report to the College any act of intrusive that comes to its knowledge, as well as cases of illegal exercise, whether due to lack of collegiality, whether by suspension or disqualification of the accused, or by being incourted in cases of incompatibility or prohibition. As well as those assumptions of lack of communication of professional performance.

c) To report to the College any attack on the freedom, independence or dignity of a lawyer in the exercise of his or her duties.

(d) Not to attempt the involvement of the opposing counsel in the dispute or interests discussed, either directly or indirectly, avoiding even any personal allusion to the partner and always treating him with the greatest correction.

e) Maintain as reserved matter the conversations and correspondence with the opposing lawyer or lawyers, with a prohibition to disclose them or present them in judgment without their prior consent. However, for a serious reason, the Board of Government of the College may discretionally authorize its disclosure or presentation in judgment without such prior consent.

Article 35.

They are the rights of the collegiate:

(a) Participate in corporate management and, therefore, exercise the rights of petition, voting and access to the managerial positions in the form that the statutory or statutory rules lay down.

b) To obtain and obtain from all corporate bodies the protection of their independence and lawful freedom of professional action.

c) Those others who entrust them with the individual Statutes of each College.

CHAPTER III

In relation to the Courts

Article 36.

It is the duty of the lawyer to the courts for probity, loyalty and truthfulness as to the substance of his statements or manifestations, and respect as to the manner of his intervention.

Article 37.

1. The lawyers shall appear before the courts, wearing toga and, potestatively, birreté, without any distinctive class, except the collegial, and shall adapt their indumentaries to the dignity and prestige of the toga they wear and to respect for Justice.

2. The lawyers will not be obliged to discover more than the entrance and exit of the Salas to which they attend for the views and at the moment of requesting the coming to inform.

Article 38.

1. Lawyers shall have the right to intervene in the courts of any jurisdiction sitting within the dais, at the same level as the Court of Justice of the European Union, having before them a table and standing on the sides of the court. Court so that they do not turn their backs on the public, always with equal treatment as the Prosecutor's Office or State Advocate.

2. The acting lawyer may be assisted or replaced in the act of hearing or judgment or in any other judicial proceedings by a fellow-in-office, incorporated or whose performance has been duly communicated to the College. Replacement counsel shall be sufficient for the replacement, under its own responsibility.

3. Lawyers who are prosecuted or faced and defend themselves or collaborate with their advocate will use toga and occupy the established site for the lawyers.

Article 39.

1. The courts will appoint a separate site for the public, with the same conditions as for the lawyers acting, so that the other lawyers who, wearing toga, want to witness the trials and public hearings can be occupied.

2. The offices of Courts and Tribunals shall ensure that there are adequate and adequate facilities for their exclusive use by lawyers in the development of their duties.

Article 40.

The lawyers will wait for a reasonable time on the time indicated by the judicial bodies for the actions in which they will intervene, after which they will be able to make the relevant complaint to the same organ and to inform the delay to the Governing Board of the relevant College so that it can take appropriate initiatives.

Article 41.

If the lawyer acting considers that the authority, court or tribunal is in accordance with the independence and freedom necessary to perform his or her professional duties, or that the consideration given to his profession is not kept, he may do so. This shall be the case before the Court or the Court under the Secretary's faith and the Governing Board shall be taken into account. Such Board, if it considers the complaint to be founded, shall take appropriate measures to protect professional freedom, independence and prestige.

CHAPTER IV

In relation to the parts

Article 42.

1. They are the obligations of the lawyer to the party for the defense, in addition to those arising out of their contractual relations, the fulfillment of the defense mission that is entrusted to him with the utmost zeal and diligence and keeping the secret professional.

2. The lawyer shall carry out diligently the professional activities which the defence of the matter has entrusted to him, in accordance with the technical, ethical and ethical requirements appropriate to the legal protection of the matter and may be assisted by his collaborators and other colleagues, who will act under their responsibility.

3. In any event, the lawyer must identify himself to the person to whom he advises or defends, even if he does so on behalf of a third party, in order to assume the civil, criminal and deontological responsibilities that, if any, correspond.

Article 43.

It is the duty of the lawyer to the contrary, considered and courteous, as well as the abstention or omission of any act that determines an unfair injury to the same.

CHAPTER V

In relation to professional fees

Article 44.

1. The lawyer is entitled to adequate financial compensation for the services provided, as well as the reimbursement of the costs incurred.

The amount of the fees will be freely agreed between the client and the lawyer, with respect to the rules of ethics and unfair competition. In the absence of an express agreement, in order to determine the fees, account may be taken, as a reference, of the guide scales of the College in whose field it acts, applied in accordance with the rules, uses and customs of the same, rules which, in any case, shall have an additional character as agreed and shall apply in the case of a court order to the contrary.

2. Such economic compensation may take the form of fixed, periodic or hourly remuneration. With regard to the reworked coasts of third parties, the parties will be free to agree, that in the absence of an express agreement they will have to be effectively satisfied with the lawyer.

3. In any event, the quota is prohibited in strict sense, the agreement between the lawyer and his client being understood, prior to the termination of the case, by virtue of which he undertakes to pay him only a percentage of the result of the subject, regardless of whether it consists of a sum of money or any other benefit, or value that the client achieves for that matter.

4. The Board of Government of the College may take disciplinary action against the lawyers who are habitually and recklessly impugn the minutes of their colleagues, as well as against the lawyers whose fees are repeatedly declared excessive or undue.

CHAPTER VI

In relation to free legal assistance

Article 45.

1. Lawyers are required to provide legal advice and self-defence to persons who are entitled to free legal assistance, in accordance with the legislation in force.

2. Likewise, it is up to the lawyers to assist and defend those who request a lawyer of trade or do not appoint a lawyer in the criminal jurisdiction, without prejudice to the payment of fees by the client if the right to assistance is not recognized free legal. The invocation of the right of self-defense will not prevent the assistance of counsel to attend to the advice that in this regard is requested and to assume the defense if asked.

3. It is also up to lawyers to assist detainees and prisoners, in terms of the legislation in force.

Article 46.

1. Lawyers shall perform the functions referred to in the preceding article with the professional freedom and independence that they are of their own and in accordance with the ethical and deontological rules governing the profession.

2. The development of these functions shall be organized by the General Council, the Councils of Autonomous Communities, where appropriate, and the Bar Association, proceeding to the appointment of the lawyer to take on each case, to the control of their performance, the requirement for disciplinary responsibilities to be carried out and for the establishment of the rules and requirements to be met by the provision of the relevant services, all in accordance with the legislation in force.

3. The public administration shall pay the remuneration of the services provided in accordance with this chapter and may carry out periodic monitoring and control of the operation of the service and the implementation of the funds. public to the intended, in the legally established form.

TITLE IV

Of the governing bodies of the Colleges and the collegial economic regime

CHAPTER I

Of the organs of the Colleges

Article 47.

1. The Government of the Colleges will be presided over by the principles of democracy and autonomy.

2. Each Bar will be governed by the Dean, the Governing Board and the General Board. The special statutes of the Colleges whose number of collegians advise them may also have a permanent Collegial Assembly.

CHAPTER II

From the Governing Board

Article 48.

1. The Statutes of each College shall lay down the rules for the composition and functioning of the Governing Board.

2. In any event, the Dean shall be the legal representation of the College in all its relations, including those which it maintains with the public authorities, entities, corporations and personalities of any order; the functions of council, surveillance and correction of the statutes reserve for their authority; the presidency of all the collective bodies, as well as the special committees and committees to attend, conducting the debates and votes, with a vote of quality in the event of a tie; the payment orders and bookings to meet the expenses and the collective investments, and the a proposal by lawyers to be part of the courts of competitions or competitions, with the exception of those proposals which are for legal provision to be made to the General Council of the Advocate General.

Article 49.

1. The Dean and the other positions of the Governing Board shall be elected in a direct and secret ballot, in which all the members of the Board of Governors may participate as electors more than three months in advance of the date of convocation of the elections and as eligible, for the post of Dean the collegiate and other persons resident in the field of the College in question, provided that they are not incourses in any of the following situations:

(a) Be convicted of a firm sentence that leads to disablement or suspension for public office, while these remain.

b) Have been disciplined in any Bar, while they have not been rehabilitated.

c) To be members of the governing bodies of another professional college.

2. The term of office of the members of the Governing Board shall be set out in the Statutes of each College, even if not exceeding five years, but re-election shall be permitted.

3. No collegial may present himself as a candidate for more than one of those who shall be elected on the same call.

4. In the elections, the vote of the lawyers exercising will have double the value of the vote of the other collegians, proclaiming themselves elected for each position to the candidates who obtain the majority. In the case of a tie, it shall be deemed to be chosen the one with the most votes among the exercisers; of the latter, the longest of the time of exercise in the College; and if the tie is still maintained, the oldest one.

5. The resources to be brought in the electoral process or against its result, before the College Government Board or before the General Council of Spanish Lawyers, shall be admitted in a single effect and shall not suspend the vote, proclamation and possession of the chosen ones, except where it is agreed for exceptional reasons by means of express and reasoned resolution.

6. The electoral procedure shall be established by the Statutes of each College, which may authorize and regulate voting by mail, with guarantees for their authenticity and secrecy.

Article 50.

1. The proclaimed elected candidates shall take possession in accordance with the Statutes of each College, prior to the oath or promise of leally fulfilling the respective charge and to keep secret of the deliberations of the Governing Board, in which time will cease to be replaced.

2. Within five days of the establishment of the governing bodies, the General Council and the Council of Colleges of the Autonomous Community, where appropriate, shall be notified of their composition and compliance with the legal requirements.

3. The Dean, under his or her responsibility, shall prevent the taking of possession or shall decree the cessation if it has already been produced to those chosen candidates from whom he has knowledge in any of the situations referred to in Article 49.1. of this General Statute.

Article 51.

The members of the Board of Government of the Bar Association shall cease for the following reasons:

a) Death.

b) Renunciation of the data subject.

c) Lack of concurrency or loss of statutory requirements to perform the charge.

d) Expiration of the term or term for which they were elected or appointed.

e) Lack of unjustified assistance to three consecutive sessions of the Governing Board or five alternate sessions within one year, subject to the agreement of the Board itself, or to one of those provided for in Article 88.4.

f) Approval of motion of censure, as regulated in the following chapter.

Item 52.

1. Where all the positions of the Governing Board of a College, the Autonomous Council or, as the case may be, the General Council are vacant for any reason, the General Council shall appoint an Interim Board of its oldest members. The Provisional Board shall convene, within 30 calendar days, elections for the provision of the vacant posts for the remainder of the term of office, elections to be held within the following 30 calendar days, from the call.

2. In the same way, the Governing Board of a College will be provisionally completed when the vacancy of half or more of the posts occurs, as well as the call for elections for their final provision.

Article 53.

They are the privileges of the Governing Board:

a) Submit to referendum concrete matters of collegial interest, by secret suffrage and in the form that the Board itself establishes.

b) Solve on the admission of the Licensas in Law who request to join the College, being able to exercise this faculty the Dean, in cases of urgency, that they will be submitted to the ratification of the Board of Government.

c) Ensure that the collegians observe good conduct in relation to the Courts, their peers and their clients, and that in the performance of their role they deploy the necessary diligence and professional competence.

(d) To exercise appropriate actions and actions to prevent and prosecute the intrusion of the profession, as well as the exercise of the profession to those who, whether collegiate or not, exercise it in form and under conditions contrary to the legal conditions established, without excluding natural or legal persons, who facilitate the irregular professional practice.

e) Regular, in the legally established terms, the operation and designation to provide the services of free legal assistance.

f) Determine the incorporation fees and the ordinary fees to be met by the collegiates for the maintenance of the collective burdens and services.

g) Propose to the General Board the imposition of extraordinary fees on their schoolgirls.

(h) to collect the amount of the quotas and the policies established for the maintenance of the costs of the College, of the Council of Colleges of the Autonomous Community, if any, of the General Council of Lawyers and of Mutual General of the Advocate, Mutual Social Welfare at fixed premium, as well as the other economic resources of the Colleges provided for in this General Staff Regulations.

i) Propose to the General Board the establishment of professional fee-orienting scales and issue reports on applicable fees when the Courts request their opinion subject to the provisions of the Laws or when requested by the minutets.

(j) Call for elections to provide the positions of the Governing Board, having what is necessary for your election, in accordance with statutory and statutory rules.

k) Convening ordinary and extraordinary general meetings, pointing out the order of the day for each.

l) Exercise disciplinary powers with respect to collegiates.

m) Propose to the approval of the General Board the regulations of internal order that it deems appropriate.

n) Establish, create or approve the delegations, groupings, commissions or sections of collegiates that may be interested in the purposes of the corporation, regulating its operation and setting the powers that, if any, delegate.

n) To ensure that in the professional exercise the conditions of dignity and prestige that correspond to the lawyer are observed, as well as to promote harmony and collaboration among the collegians, preventing unfair competition, in accordance with the law in force.

o) Inform the collegiates promptly of any questions they may be affected by, whether they be corporate, collegial, professional or cultural.

p) To defend the collegians in the performance of the duties of the profession, or at the same time, when they consider it appropriate and fair.

q) Promote close to the Government and the authorities as much as is considered beneficial for the common interest and for the right and prompt Administration of Justice.

r) To exercise the rights and actions that correspond to the College and, in particular, against those who hinder the proper functioning of the Administration of Justice or the freedom and independence of the professional exercise.

s) Raise, distribute and manage the College's funds; write budgets, render annual accounts, and propose to the General Board the investment or disposition of the collegial estate, if it is real estate.

t) Issue consultations and opinions, administer arbitrations, and make arbitration awards, as well as create and maintain Arbitration Courts.

u) Proceed to hiring the employees needed for the corporation's good march.

v) Lead, coordinate, schedule, and control the activity of collegiate departments and services.

w) Perform all duties and exercise all powers expressed in respect of the General Council of the Advocate under paragraphs (x) and (y) of Article 68 of this Statute, except for acquiring, mortgaging and alienating property property, which shall be required by the General Board or the Collegial Assembly, where appropriate.

x) How many others establish the present General Statute or the individuals of each College.

Article 54.

1. It is for the Governing Board to approve the constitution, suspension or dissolution of the youth lawyers ' groups, or any other groups which may be established within the College, as well as its Statutes and the modifications of the same.

2. The groups of lawyers which are constituted or are constituted in each College shall act as subordinate to the Governing Board.

3. The actions and communications of the commissions, sections and groupings existing within the College shall be identified as such, without being attributed to the corporation.

CHAPTER III

From the General Board and the Collegiate Assembly

Article 55.

1. Each year, the Bar Association shall hold two ordinary General Boards, one in the first quarter and the other in the last quarter, unless its Special Statutes establish the existence of a permanent Collegial Assembly, if only hold an ordinary General Meeting in the first half of each year.

2. In addition, a number of extraordinary general meetings may be held, at the initiative of the Dean, the Governing Board or the number of members of the Board of Directors.

3. The rules for convening and holding the General Boards shall be laid down in the individual Statutes of each College.

Article 56.

1. All collegial members who have been incorporated prior to the date of the General Meeting may be able to attend with a voice and vote at the ordinary and extraordinary General Boards, but the vote of the collegiate members shall be counted. with a double value compared to that of other collegiates, unless the individual Statutes are equivalent to them.

2. The individual Statutes of each College may permit the delegation of the vote in another collegiate, except for elections and votes of no confidence and always with a maximum of three delegations per voter.

3. The agreements of the General Boards shall be adopted by a simple majority and, once adopted, shall be binding on all the members of the Board, without prejudice to the system of resources laid down in this General Statute.

Article 57.

1. The ordinary General Meeting to be held in the first quarter of each year will have the following order of the day:

1. A Review to be made by the Dean of the most important events that took place in the previous year in relation to the College.

2. º Review and vote of the general expense and income account for the previous year.

3. º Reading, discussion and voting on the issues that are included in the call.

4. Propositions 5.o Questions and questions.

2. Fifteen days before the Board, the members of the Board may present the proposals that they wish to submit to the deliberation and agreement of the General Meeting, and that they will be dealt with on the agenda within the section called proposals. Such proposals shall be signed by the number of members of the College, with a minimum of 10 members and a maximum of 5 per 100 of the total number of the census. Upon reading these proposals, the General Board will agree whether or not to open discussion on them.

Article 58.

The ordinary General Meeting to be held in the last quarter of each year will have the following order of the day:

1. Review and vote of the budget formed by the Governing Board for the following year.

2. º Reading, discussion and voting on the issues that are included in the call.

3. Questions and questions.

Article 59.

1. The individual Statutes of each College and its modifications will be elaborated by the same, approving the project its extraordinary General Meeting, which will require for its valid constitution to this end the assistance of the half plus one of the census collegial with the right to vote.

2. If the quorum is not met, the Governing Board shall convene a new General Meeting in which no special quorum shall be required.

3. The draft Statute or its amendment shall be submitted to the General Council of the Spanish Advocate for approval.

Article 60.

1. The vote of no confidence in the Governing Board or any of its members shall always be the responsibility of the extraordinary General Meeting convened for that purpose.

2. The request for such an extraordinary General Meeting shall require the signature of a minimum of 20 per 100 of the members of the Board of Directors, incorporated at least three months in advance, and shall clearly state the reasons for which it is founded. However, in the Colleges with more than five thousand exercisers the 15 per 100 will suffice and in those of more than ten thousand exercisers, the 10 per 100 will suffice.

3. The extraordinary General Meeting shall be held within 30 working days from the time the application was submitted and shall not be dealt with in the same or more matters than those expressed in the call.

4. The valid constitution of such extraordinary General Meeting shall require the personal concurrence of half plus one of the collegial census with the right to vote and the vote shall necessarily be expressed in a secret, direct and personal manner.

Article 61.

1. The special statutes of the Colleges, whose number of collegians will be able to establish and regulate a Collegial Assembly, with a permanent character, so that, with greater continuity, it will carry out the control of the economic management of the College.

2. The number of members of the Collegial Assembly shall be at least three times and not more than five times that of the members of the Governing Board, being elected with the same regime and mandate as the Governing Board, but by means of a list system open and proportional representation.

3. The Collegial Assembly shall exercise the powers conferred on the General Board in economic matters and, in particular, the examination and vote in the first quarter of each year of the general account of expenditure and revenue of the preceding financial year and in the last quarter of the budget for the following year.

4. Colleges whose individual statutes establish the system of the Collegial Assembly shall only hold an ordinary General Meeting in the first half of each year, with the following order of the day:

1. A Review to be made by the Dean of the most important events that took place in the previous year in relation to the College.

2. Report on the agreements adopted by the Collegial Assembly on the budget for the financial year and the general account of expenditure and revenue of the previous year, as well as on any other economic matter.

3. º Reading, discussion and voting on the issues that are included in the call.

4. Propositions.

5. Questions and questions.

CHAPTER IV

From the collegial economic regime

Article 62.

1. The financial year of the Colleges and Councils of Bar Association shall coincide with the calendar year, unless otherwise specified by its Statute.

2. The economic functioning of the Bar Association shall be in accordance with the annual budget and shall be the subject of an orderly accounting.

3. All collegias may examine the accounts of the College during the fifteen working days prior to the date of celebration of the General Meeting or Collegiate Assembly to approve them.

Article 63.

1. They constitute ordinary resources of the Bar:

(a) Yields of any nature that produce the activities, property or rights that integrate the heritage of the College, as well as the returns of the funds deposited in their accounts.

b) Incorporation fees to the College.

(c) The rights to be set by the Governing Board of each College by issue of certifications.

(d) The rights to be set by the Governing Board of each College for the issuance of opinions, resolutions, reports or consultations that evacuate the same on any matter, including those relating to fees, at the request of the court or extra-judicial, as well as the provision of other collective services.

e) The amount of the ordinary, fixed or variable fees, as well as the branches and collective policies established by the Governing Board of each College, as well as that of the extraordinary fees approved by the General Board.

(f) The rights of professional intervention, in the amount and form that each College may establish for its members.

g) The participation that corresponds to the College in the collection of substitute policies for the professional role of the General Mutuality of the Advocate, Mutual Social Welfare at fixed premium, for its specific purposes.

h) Any other concept that you legally proceed.

2. They shall constitute extraordinary resources of the Bar:

(a) Grants or donations to be awarded to the College by the State or official corporations, entities or individuals.

(b) Goods and rights of any kind which, by inheritance, legacy or other title, become part of the heritage of the College.

(c) The amounts that for any concept correspond to the College when administering, in compliance with any temporary or perpetual order, including cultural or beneficial, certain goods or income.

d) Any other that legally proceed.

Article 64.

1. The patrimony of the College will be administered by the Board of Government, faculty that will exercise through the Treasurer and with the technical collaboration that is necessary.

2. The Dean shall exercise the functions of a payment authorising officer, which the Treasurer shall execute and take care of.

TITLE V

From the Councils of Colleges of the Autonomous Communities

Article 65.

The constitution, organization, competence and functioning of the Councils of Lawyers of the Autonomous Community will be governed by the autonomous legislation.

Article 66.

1. Within the framework of the autonomous legislation, the Community Schools may propose to the General Council of the Advocate General, by agreement of at least three quarters of them, the establishment of the corresponding Council of Colleges of its Community, if they do not, subject to their approval the Statutes governing their composition, competence and functioning.

2. The General Council shall determine those of its powers to be delegated to the Councils of Lawyers of the Autonomous Community, which may constitute its object of disciplinary nature.

TITLE VI

The General Council of Spanish Lawyers

CHAPTER I

Organs and functions

Article 67.

1. The General Council of Spanish Lawyers is the representative body, coordinator and superior executive of the illustrious Spanish Bar Association and has, for all intents and purposes, the status of a corporation governed by public law, with personality its own legal and full capacity for the fulfilment of its purposes.

2. Its registered office is located in Madrid, without prejudice to the holding of meetings in any other place on the Spanish territory.

3. The governing bodies of the General Council are the plenary session, the standing committee and the president. All

they shall be chaired by the President of the General Council or the Vice-President, who shall replace him and act as Secretary-General of the Council or the Deputy Secretary when he or she does. The convocation, constitution and functioning of this Statute shall be governed by the Rules of Procedure of the General Council itself.

4. The President of the General Council shall have the honorary consideration of the President of the Supreme Court.

Article 68.

These are the functions of the General Council of Spanish Lawyers:

(a) Those attributed by Article 5 of the Law of Professional Colleges to the Bar, as soon as they have a national scope or impact, as well as to elect the President of the General Council of the Advocate General and the Twelve Elective counselors.

b) Represent the Spanish Lawyer and be a spokesperson for the set of the Illustrious Lawyers of Spain, in all kinds of areas, including those of similar entities of other nations.

c) Order the professional exercise of the lawyers.

d) Authorize the creation of Schools of Legal Practice of the Bar and approve any of them, as well as coordinate and supervise their operation according to the legal provisions, all prior to the report of the respective College.

e) Velar for the prestige of the profession of lawyers and require the Bar and its members to perform their duties.

f) Convening national and international lawyers ' congresses.

g) Develop the General Statute of the Spanish Lawyer and submit it to the Government's approval; approve its Special Statute and its own Rules of Procedure, as well as the other agreements for the development of its powers; to approve, on a proposal from the Colleges concerned, the constitution, the system of powers and the functioning and the Statute of Councils of Colleges of the Autonomous Communities whose autonomy rules provide no other form for their constitution; and approve the individual Statutes drawn up by each College and its reforms.

h) Resolve any doubts that may arise in the application of statutory and regulatory standards.

i) Create, regulate, and award distinctions to reward the merits of the law service or its exercise.

(j) Resolve the remedies against the agreements of the organs of the Bar and, where the Statutes of the Councils of Colleges of the Autonomous Communities contemplate, the remedies against the agreements of these Tips.

(k) Exercise disciplinary functions with regard to members of the Boards of Government of the Colleges and the General Council itself and, where the laws in force are in force, with respect to the members of the the Councils of Colleges of the Autonomous Communities.

l) Formar and keep the census of Spanish lawyers updated; and keep the file and register of sanctions affecting them.

ll) Designate representatives of the law for their participation in the advisory councils and agencies of the national administration.

m) Inform preceptively any draft amendment of the legislation on Professional Lawyers.

n) Issue any reports requested by the Administration, Bar and Official Corporations regarding matters related to their purposes or agree to make their own initiative; propose the reforms (a) legislative action that it considers appropriate and to intervene in all matters affecting the Spanish law.

n) Perform arbitrations.

(o) Establish the necessary coordination between the Councils of Bar Association of the different Autonomous Communities, as well as between the different Colleges, and to settle the conflicts that may arise between them, with with respect to their respective autonomy.

p) Adopt the measures you deem appropriate to complete or constitute the Government Boards of the Colleges, by means of Juntas or provisional designations.

q) Adopt the necessary measures for the Colleges to comply with the resolutions of the General Council itself, dictated in the matter of their competence.

r) To organize with national character institutions and services of assistance and foresight for the Lawyers and to collaborate with the Administration for the application in them, of the system of Social Security more adequate.

s) Defend the rights of the Bar Association, as well as those of its collegiates when required by the respective College or come determined by the Laws, and protect the lawful freedom of action of the lawyers, being able to in order to promote the actions and actions brought before the competent authorities and jurisdictions, including before the Supreme Court, the Constitutional Court, the European and International Courts, without prejudice to the legitimacy of the corresponds to each of the different Lawyers ' Colleges and the lawyers personally.

(t) To impose by all legal means the intrusive and the clandestine in the professional exercise, for whose persecution, denunciation and, if any, sanction, remains the General Council wide and especially legitimized, without prejudice to the initiative and competence of each College.

(u) Prevent and prosecute illegal or unfair competition and ensure the full effectiveness of the provisions governing incompatibilities in the exercise of law.

v) Coordinate, on a national basis, the quotas required by the various Colleges, and may set maximum limits for this.

w) Approve the budget and settlement account of the budget, as well as the equitable contribution of the Colleges and their regime.

x) In general, in economic matters and without any exclusion, to carry out, with respect to the Council's own assets, all kinds of acts of disposition and taxation.

and) In general, in matters of legal actions, to exercise as many actions as appropriate to all kinds of national or international Administrations, Agencies and Courts.

z) And, at last, to exercise all functions and prerogatives as set out in the provisions in force and all those that, not expressly stated, are concomitant or consequence of the foregoing and have a place in the spirit that the report.

Article 69.

In order to meet the expenses that arise for the fulfillment of the aforementioned purposes, the General Council of the Spanish Lawyer will have the following income:

a) With the quotas to be fixed for this purpose in the budgets, which will be paid by all the Colleges

of Lawyers according to the number of collegiates of each, as well as those that are established for their individual payment by the new ones.

b) With the amount of certifications to be issued.

c) With the other resources that the General Council may obtain for its activities.

d) With the official grants, donations and legacies that the Agency may receive.

e) With any other extraordinary distribution of contributions that the plenary of the General Council itself agrees, when exceptional circumstances are present.

CHAPTER II

The General Council Plenary Session

Item 70.

1. The plenary session of the General Council of Spanish Lawyers is composed of the following persons, who will have the status of Directors:

(a) The President of the General Council of Spanish Lawyers, who will be elected in plenary, from among the Lawyers exercising and residing in any Bar of Spain.

b) All the Dean of the Bar of Spain.

c) The President of the General Mutuality of the Advocate, Mutual Social Welfare at a fixed premium.

(d) The Presidents of Councils of Bar Association of Autonomous Communities, in which the condition of Dean is not present.

e) Twelve members, who will have to be prestigious lawyers, freely elected by the Council's own plenary session.

2. The election of the President of the General Council and the twelve elected members shall be convened at least 30 calendar days in advance of the date of the plenary session, by means of communication to all the Bar Association to ensure that the publish on your bulletin boards. Nominations shall be submitted to the Secretariat of the General Council at least 15 calendar days before the date of the Plenary Session and the Standing Committee shall, within the following five calendar days, proclaim the candidates who meet the requirements. established. The vote shall be secret, voting all members of the plenary, except in the election of the President in which, in accordance with Article 9.2 of the Law of Professional Colleges, only the Dean of all the Colleges of Lawyers shall have the right to vote. Spain. It will be chosen who will obtain the most votes and, in the event of a tie, the oldest collegial. Proclaimed the result of the vote, those who have been elected will take immediate possession of the position in the plenary itself.

3. The term of office of the members of the General Council shall coincide with that of the posts, except that of the President and the twelve elected members, who shall be five years.

Article 71.

1. They correspond to the plenum all the functions that are legally or legally attributed to the General Council of the Spanish Advocate, especially those outlined in article 68 of the present Statutes.

2. In economic matters, the plenary has the power to carry out, without exception and with respect to the own patrimony of the General Council, all kinds of acts of disposition, of taxation, and in particular:

a) Manage goods.

b) Pay and collect amounts.

c) Grant transactions, commitments, and resignations.

d) Buy, sell, retract and permute, pure or conditionally, with a confessed, deferred or paid price, all kinds of movable and immovable property, real and personal rights.

e) Dissolve communities of goods and condos, declare new works, improvements and excess of space.

f) Constituting, accepting, dividing, alienating, taxing, redeeming and extinguishing usufructs, easements, options, and leases for registration and other real and personal rights.

g) Constituency mortgages.

h) Take part in contests and auctions, make proposals and accept awards.

i) Accept with inventory benefit and repudiate inheritances and do, approve or challenge inheritance partitions and deliver and receive legacies.

j) Hire, modify, terminate, and liquidate insurance of all kinds.

k) Operate in official boxes, savings banks and banks, even that of Spain and its branches, doing everything as much as the legislation and banking practices allow; follow, open and cancel accounts and savings books, accounts streams and credit and security boxes.

l) Librar, accept, endorse, charge, intervene and negotiate letters of change and other effects.

ll) Buy, sell, redeem and pay for securities and collect their interest, dividends and redemptions, arrange credit policies either with personal guarantee or with securities, with banks and credit institutions, even the Banco de España and its branches, signing the appropriate documents.

m) Modify, transfer, cancel, withdraw and constitute cash deposits or provisional or definitive securities.

3. In the field of legal action, the plenary has powers to:

a) Install notarial minutes of all classes; make, accept, and answer notices and notarial requirements.

b) Comappearing before State Agencies, Autonomous Communities and Local Corporations, Judges, Courts, Prosecutors, Delegations, Committees, Boards, Jurors and Commissions and in them urge, follow and terminate as an actor, defendant or in any other concept of all kinds of files, judgments and civil, administrative, governmental, governmental, and administrative procedures of all grades, jurisdictions and instances, raising petitions and exercising actions and exceptions in any procedures, formalities and appeals, including appeals or before the Court Constitutional or European and International Courts, lend when personal ratification is required, grant powers with the powers that detail and revoke powers and substitutions.

c) Interpose all kinds of resources, before the State Administration, the Autonomous Communities and the Local Corporations.

d) Delegate all or some of the powers set forth in the President or one or more Directors jointly or separately and grant them the ensuing powers.

e) Accept, discharge, and waive mandates and powers of Bar Colleges.

Article 72.

1. The General Council plenary shall meet at least once a quarter, at the request of the President, on its own initiative or at the request of 20 per 100 of its members.

2. Except in the election of the President, for which only the Dean's members shall vote, in other matters all the members of the Council shall have a voice and equal vote, who may delegate to another member of the Council, adopting the agreements by a majority. simple of the members present or represented, with a vote of the President in case of a tie.

3. However, for the adoption of agreements in the areas set out below, a reinforced majority will be required, consisting of a favourable vote of the majority of the Decans, present or represented, which in turn will assume the majority of the Lawyers exercising according to the concurrent Colleges to each session, computing to these effects in the vote of each Dean the collegiate exercising residents in the demarcation of their College.

During the month of January each year, each College will forward to the General Council of the Spanish Advocate the census of its collegiate and resident members closed to the previous 31 December.

The issues to which the enhanced majority regime will apply will be as follows:

(a) Develop and approve the amendments to the General Staff Regulations, for their elevation to final approval by the Government.

(b) Approve the Special Staff Regulations and the Rules of Procedure of the General Council.

(c) To order, in accordance with the Law, the professional activity of the lawyers, their professional practice, access to the profession, ethics and publicity, when it is necessary to affect the entire Spanish Lawyer.

d) Approve annual budgets, balance, accounts and memory, as well as any extraordinary distribution of contributions to be made for exceptional circumstances.

4. In the event that the annual budget of the General Council of Spanish Law is not approved, it will be understood as extended in its previous formulation with the increase of the index of consumer prices until a new budget is approved.

Article 73.

1. The President shall appoint the Vice-Presidents from among the members, who shall replace him in accordance with the ordinal of the Commission presiding, the Secretary-General, the Deputy Secretary, the Treasurer and the Vice-President.

2. The mandate of the posts referred to in the preceding paragraph shall end when, upon completion of the process for the election of the President of the General Council, he or she is elected.

3. The Plenary Assembly shall determine the ordinary Commissions to be organized, as well as its regime and functions and the membership of Directors to each of them. It may also constitute special commissions and presentations which it considers appropriate. The Commissions shall carry out the tasks delegated to them by the Plenary Session and, in the field of such functions, may, in urgent cases, adopt immediate implementing agreements, without prejudice to the subsequent consideration of the Plenary Session. However, in order to speed up the processing and resolution of the resources which are to be made available to the General Council and to meet the deadlines laid down for this, the Commission to understand in the matter of resources will have to The Commission will also be able to inform the plenary session of the decision of those resources it deems appropriate, without prejudice to the possibility of raising them to the plenary session. For the same purpose, the full power for the resolution of the resources to be formulated in another matter is delegated to the Standing Committee, without prejudice to the information after the plenary session and may raise the decision of the those resources you deem fit.

CHAPTER III

The Standing Committee

Article 74.

1. The Standing Committee of the General Council of the Advocate General shall be composed of:

(a) The President of the General Council of the Advocate General.

(b) The Vice-Presidents who shall preside over the Ordinary Commissions of the Board of Directors.

c) The President of the General Mutuality of the Advocate, Mutual Social Welfare at a fixed premium.

d) The Treasurer or, in his replacement, the Vicetesorero.

e) The Secretary-General or, in his replacement, the Deputy Secretary.

2. The Standing Committee shall perform the following tasks:

(a) The functions expressly delegated to it by the Plenary.

(b) The powers of the plenary session when urgent reasons are given for their immediate exercise.

All of them will account for the plenary that will be held later.

CHAPTER IV

The President

Article 75.

The President of the General Council of Spanish Lawyers will have the following functions:

1. Flaunt the representation of the General Council of the Advocate.

2. Hold the representation of the Spanish Lawyer and be a spokesperson for the set of the illustrious Spanish Bar Association.

3. Ensure the prestige of the profession of lawyer.

4. To defend the rights of the Bar and its collegiates when required by the respective College and to protect the lawful freedom of action of the lawyers. These last three functions are without prejudice to those of the plenary of the General Council itself.

5. Convene and chair the sessions of the plenary session and the Standing Committee, deciding on the vote of quality, as well as the other extraordinary commissions, without prejudice to their delegation.

6. To set the agenda for the plenary sessions and the Standing Committee.

7. Submit as many proposals as appropriate in matters of the competence of the plenary or of the Standing Committee.

8. Propose the appointment of papers to prepare the resolution or issue of a case.

9. To authorize with its signature the agreements of the Plenary and the Permanent Commission.

10. To exercise the superior direction of the activity of the Council bodies.

11. To exercise all functions and prerogatives as set out in the provisions in force and others provided for in the Act, Regulations and in this Statute.

TITLE VII

The National Congress of Spanish Lawyers

Article 76.

1. The National Congress of Spanish Lawyers is its supreme consultative body and the conclusions

will have a guiding character for the corporate organs of the same.

2. The National Congress shall be convened by the General Council of the Advocate, at least once every five years.

Article 77.

1. The National Congress ' Rules of Procedure, which will determine the form of composition of Congress, will be approved by the General Council and will be referred to the Colleges with the convocation.

2. In the drafting of the draft Regulation, the General Council of the Advocate General will send it to the Boards of Government of the Colleges so that, within thirty days, they will formulate suggestions or amendments, which will be discussed by the General Council plenary session. by approving that Regulation.

TITLE VIII

The responsibility regime of the collegiates

CHAPTER I

Criminal and civil liability

Article 78.

1. Lawyers are subject to criminal liability for offences and offences committed in the exercise of their profession.

2. Lawyers in their professional practice are subject to civil liability when, for the purpose or negligence, they damage the interests whose defence has been entrusted to them, which shall be enforceable in accordance with the ordinary legislation before the courts. Courts of Justice, being able to legally establish their compulsory insurance.

Article 79.

The lawyer who receives the charge to promote performances of any kind against another on responsibilities related to the professional exercise, must inform the Dean of the College so that he can carry out a work of mediation, if deemed appropriate, even if the breach of that duty cannot be disciplined.

CHAPTER II

Disciplinary responsibility

SECTION 1 DISCIPLINARY POWERS OF THE COURTS AND COLLEGES

Item 80.

1. Lawyers are subject to disciplinary responsibility in the event of infraction of their professional or deontological duties.

2. The disciplinary powers of the judicial authority over the lawyers shall be in accordance with the provisions of the procedural laws. The penalties or disciplinary corrections imposed by the courts on the lawyer shall be entered in the personal file of the lawyer provided that they relate directly to ethical or conduct rules to be observed in his action before the lawyer. Administration of Justice.

3. Corporate disciplinary penalties shall be recorded in any case in the personal file of the collegiate.

Article 81.

The Dean and the Governing Board are competent for the exercise of disciplinary jurisdiction, subject to the following rules:

1. It will extend to the sanction of infringement of professional duties or ethical standards of conduct as they affect the profession.

2. The corrections to be applied are as follows:

a) The private assembly.

b) Notice in writing.

(c) Suspension of the practice of law for a period not exceeding two years.

d) Expulsion of the College.

Article 82.

1. The General Council of the Advocate General is responsible for disciplinary powers in relation to the members of the Boards of Government of the Colleges and, where the legal provisions in force are attributed to them, also in respect of the members of the Councils. of Colleges of the Autonomous Communities.

2. Disciplinary powers in relation to members of the General Council shall be the competence of the General Council, in any case.

SECTION 2 OF VIOLATIONS AND PENALTIES

Article 83.

Violations that may lead to disciplinary punishment are classified as very serious, severe and minor.

Article 84.

These are very serious violations:

(a) The infringement of the prohibitions set out in Article 21 or the incompatibilities contained in Articles 22 and 24 of this General Statute.

(b) The advertising of professional services with non-compliance with the requirements specified in Article 25, and any other infringement which in this General Statute has the qualification of a very serious infringement.

c) The commission of criminal offences, in any degree of participation, as a consequence of the exercise of the profession, as well as acts and omissions that constitute serious offence to the dignity of the profession, to the ethical rules that They shall be governed by the duties set out in this General Staff Regulations.

(d) The attack against the dignity or honor of the persons who constitute the Governing Board when they act in the exercise of their duties, and against the companions on the occasion of the professional exercise.

e) drunkenness or drug use when seriously affecting the exercise of the profession.

(f) The performance of activities, the formation of associations or membership of such associations, when they are intended to be their own or to perform functions that are unique and exclusive to the Colleges.

g) The commission of a serious infringement, having been sanctioned by the commission of two other of the same character and whose responsibility has not been extinguished in accordance with Article 90.

h) Professional intrusive and its coverup.

i) the necessary cooperation of the lawyer with the undertaking or person to whom he/she provides his/her services to appropriate professional fees paid by third parties and who have not previously been satisfied, when in accordance with the provisions of Article 44.2 such fees correspond to the lawyer.

j) The conviction of a collegial in a firm sentence to severe penalties under Article 33.2 of the Penal Code.

k) The deliberate and persistent non-compliance with the essential deontological standards in the practice of law.

Article 85.

These are serious violations:

(a) The serious breach of the statutory rules or of the agreements adopted by the collective bodies in the field of their jurisdiction, as well as the repeated failure to comply with the obligation to take care of collective burdens provided for in Article 34, paragraph (a), unless it constitutes an infringement of greater gravity.

(b) The professional exercise in the field of another College without the timely communication of the professional performance, which shall be sanctioned by the College in whose territorial scope it acts.

c) The lack of respect, by action or omission, to the components of the Governing Board when they act in the exercise of their duties.

d) Acts of manifest disregard for colleagues in the exercise of professional activity and infringement of the provisions of Article 26 on the coming.

(e) unfair competition, where it has been declared by the competent body, and the infringement of the provisions of Article 25 on advertising, where it does not constitute a very serious infringement.

f) The usual and foolhardy impeachment of the peers ' minutes, as well as the repeated formulation of minutes of fees that are declared excessive or undue.

g) The acts and omissions described in paragraphs (a), (b), (c) and (d) of the previous article, where they do not have sufficient entity to be considered as very serious.

h) The professional exercise in a situation of drunkenness, or under the influence of toxic drugs.

Article 86.

These are minor violations:

(a) The lack of respect for the members of the Governing Board in the performance of their duties, where it does not constitute a very serious or serious infringement.

b) Negligence in compliance with statutory rules.

c) The slight non-compliance with the duties that the profession imposes.

d) The acts listed in the previous article where they do not have sufficient entity to be considered as serious.

Item 87.

1. The penalties that can be imposed for very serious infringements will be as follows:

(a) For the purposes of paragraphs (b), (c), (d), (e), (f), (h) and (i) of Article 84, suspension of the practice of law for a period exceeding three months without exceeding two years.

(b) For paragraphs (a), (j) and (k) of the same Article, expulsion from the College.

2. For serious infringements, the suspension of the practice of law may be imposed for a period not exceeding three months.

3. For minor offences, the penalties for private or written warning may be imposed.

Article 88.

1. Minor infringements shall be sanctioned by the Governing Board or by the Dean of the College by file limited to the hearing or discharge of the defendant.

2. Serious and very serious infringements shall be sanctioned by the Governing Board, after the opening of the disciplinary file, which is dealt with in accordance with the provisions of the individual Statute of the Colleges, which shall comply with the provisions of the Article 99.2 of this General Statute.

3. The Governing Board and the Dean shall in any case be the competent bodies to resolve, and the investigating powers shall correspond to others which are believed to be so.

4. In any case, the suspension agreements for more than six months or expulsion must be taken by the Board of Government by secret ballot and with the conformity of the two thirds of its components. This session shall be obliged to attend all the components of the Board, so that the one who without justified cause does not attend shall cease as a member of the Board of Government and shall not be able to stand as a candidate in the election by which it is covered. their vacancy.

Article 89.

1. Disciplinary sanctions will be enforced once they are firm. They may be made public when they gain firmness.

2. All the sanctions will have an effect on the scope of all the Bar of Spain, to whose end the College or the Autonomous Council that imposes them will have to communicate them to the General Council of the Advocate so that it can inform the Colleges.

Article 90.

1. The disciplinary responsibility of the collegians is extinguished by the compliance with the sanction, the passing of the collegiate, the prescription of the lack and the prescription of the sanction.

2. The discharge in the College does not extinguish the disciplinary responsibility contracted during the discharge period, but the disciplinary procedure will be concluded and the sanction will be suspended to be fulfilled if the collegiate cause again high in the College.

Article 91.

1. Very serious infractions will be prescribed at age three, severe to two years and mild to six months.

2. The limitation period shall begin to be counted after the infringement has been committed.

3. The limitation period shall be interrupted by the notification to the collegial concerned of the agreement to initiate information prior to the opening of the disciplinary file, the time limit being resumed if the following three months do not apply. He or she will be paralyzed for more than six months, for cause not imputable to the defendant charged.

Article 92.

1. Penalties imposed for very serious infringements shall be imposed at three years of age; those imposed for serious infringements, at two years of age; and those imposed for minor offences, at six months.

2. The period of limitation of the penalty for failure to comply with the penalty shall start from the day following the day on which the penalty decision has been signed.

3. The limitation period for the penalty, when the penalty is broken, will start counting from the date of the break.

Article 93.

1. The endorsement of the penalties in the personal file of the collegial shall be cancelled if the following periods have elapsed, without the collegial having incurred new disciplinary responsibility: six months in the case of sanctions of (a) a year in the case of a suspension of suspension not exceeding three months; three years in the case of a suspension of suspension of more than three months; and five years in the case of a penalty for expulsion. The expiry date shall be counted from the day following the day on which the penalty was served.

2. The cancellation of the annotation, once these deadlines have been met, may be made on its own initiative or at the request of the individual.

TITLE IX

From the legal regime of agreements under administrative law and their challenge

Article 94.

1. The agreements of the General Council, the Council of the Colleges of the Autonomous Communities, the General Board and the Governing Board of each College and the decisions of the Dean and other members of the Governing Board shall be immediately executive, unless the agreement itself establishes otherwise or is subject to disciplinary action.

2. Agreements which are to be notified personally to the members of the school, in respect of any matter even disciplinary matters, may be such as to be in the professional address which they have communicated to the College, in compliance with the obligation laid down in the (c) of Article 31 of this General Statute. If the notification in the terms of Article 59 (1) and (2) of the Law on the Legal Regime of Public Administrations and of the Common Administrative Procedure cannot be effected, the delivery may be made by an employee. of the Bar, subject to the provisions of paragraphs 2 and 3 of that provision; and if the notification cannot be effected either, it shall be understood within 15 days of its placement on the notice board of the College of Lawyers, which may be made in the manner provided for in Article 61 of the Law.

Article 95.

1. The acts of the collegial organs which incur in one of the cases provided for in Article 62 of the Law of Legal Regime of Public Administrations and of the Common Administrative Procedure are null and void.

2. The acts of the collegial organs which incur the assumptions laid down in Article 63 of that Law are nullified.

Article 96.

1. Persons with a legitimate interest may make an appeal to the General Council of Spanish Lawyers, against the agreements of the Governing Board and of the General Meeting of any Bar, within one month of its publication or, where appropriate, notification to the members or persons to whom they are affected.

2. The appeal shall be lodged with the Governing Board which issued the agreement, which shall, with its background and the report which it carries out, give it to the General Council within 15 days of the date of its submission, unless it is ex officio its own agreement within that period. The General Council, prior to any reports it considers relevant, shall issue an express resolution within three months of its standing, on the understanding that, in the event of silence, it shall be denied. The appellant may request the suspension of the appealed agreement and the Standing Committee of the General Council may agree or reject it.

3. The agreements of the Councils of Colleges of the Autonomous Communities shall only be made available to the General Council where their own Statute so provides, in which case the same procedure as set out in the paragraphs shall apply. precedent of this article.

Article 97.

1. The Governing Board may also refer to the General Board's agreements with the General Council of Spanish Lawyers, within one month of its adoption.

2. If the Governing Board understands that the agreement is void in full or seriously detrimental to the interests of the College, it may request the suspension of the agreement and the Permanent Commission of the General Council may agree to the agreement. or deny it motivated.

Article 98.

The acts emanating from the General Boards, and from the Boards of Government of the Colleges, the General Council and the Councils of Colleges of Autonomous Communities, as soon as they are subject to Administrative Law, once exhausted the corporate resources, will be directly applicable to the administrative-administrative jurisdiction.

Article 99.

1. The time limits for this General Statute expressed in days shall be construed as referring to working days, unless otherwise expressly stated.

2. The Law of the Legal Regime of Public Administrations and the Common Administrative Procedure shall apply to how many acts of the collective organs involve the exercise of administrative powers.

In any case, such a law will have an extra character for what is not provided for in this General Statute.

First transient disposition.

1. The General Council of Spanish Lawyers within one year shall approve its own Rules of Procedure.

2. The Bar Association, which shall apply this General Statute from its entry into force, shall adapt its own separate Statutes within one year of the date of its adoption, the projects of which may be approved by the Extraordinary General Meeting on first call, without the need for the special quorum provided for in Article 59 of this General Statute, or any other special requirement laid down in the Special Statute to be amended, General Council for approval.

Second transient disposition.

The situations created and the rights acquired under the regime previously in force will be respected.

Transient Disposition third.

The Rules of Composition and Operation of the General Council of Spanish Lawyers will remain in force until the Rules of Procedure of the General Council itself are adopted.