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How To Become A Lawyer?

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Edited By Izabela Krasnicka and Magdalena Perkowska

The present publication collects the contributions of the colloquium «How to Become a Lawyer in Europe», which took place on June 4, 2010 in Andorra la Vella – within the frame-work of the 15th annual meeting of the representatives of the Network of European Universities in Legal Studies.
We gathered articles concerning not only many European countries but also the United States and a special contribution is made to the system in California (USA). Each part is a unique guide through internal regulations leading to different legal professions. The articles present the academic education system in the field of law and also special requirements and professional exams giving the right/permission to perform legal professions. The reader will see the differences and similarities especially in the European systems of the presented countries.

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GUILHERME WALDEMAR D’OLIVEIRA MARTINS, RAQUEL FRANCO - HOW TO BECOME A LAWYER IN PORTUGAL AND IN SPAIN 121

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How to become a lawyer in Portugal and in Spain Guilherme Waldemar D’OLIVEIRA MARTINS & Raquel FRANCO Portugal In Portugal lawyers are independent professionals holding a law de- gree who represent their clients at law and provide for legal advice on a professional and paid basis. Only lawyers and probationary lawyers registered with the re- spective Portuguese Bar Association may practice professionally and, in particular, represent their clients at law or provide for legal advice as paid independent professionals. The abovementioned does not apply to legal agents (Solicitadores) registered with their own professional association (Câmara dos Solicitadores) and who have their own particular status. Also, it should be noted that the provision of legal advice by persons holding a law degree who are public officials or who operate in an employed capacity does not require registration in the Portuguese Bar Association in cases where the advice is given to the individual’s em- ployer. On the other hand, the teaching staff in faculties of law who merely provide for written legal opinions are not legally deemed to be practicing lawyers and are not, therefore, required to be registered with that Association. Prerequisites Becoming a lawyer in Portugal involves meeting a set of prerequisites, educational requirements and professional duties. 122 Guilherme Waldemar D’OLIVEIRA MARTINS & Raquel FRANCO The prerequisites relate primarily to the fact that lawyers are consid- ered to play a part in the administration of justice, with the exclusive competence – subject to the exceptions laid down in law – to represent the...

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