General Statute of the Spanish Legal Profession

Many and momentous have been the normative changes that Spanish society has undergone since the issuance of the Royal Decree on 22 June 2001 approving the, until now in force, General Statute of the Spanish Bar.

Aware of this circumstance, and in order to adapt the collegiate norms of the Spanish Bar to the normative changes carried out since the previous General Statute, it is necessary to approve a new one, taking into account, among others, the changes operated in the regulatory framework of the Professional Colleges by the Directive 2006/123/EC of the European Parliament and of the Councilof 12 December 2006 on services in the internal market, incorporated into domestic law through the Law 17/2009 of 23 November 2009free access to and exercise of services activities, and Law 25/2009 of 22 December 2009amending various laws to bring them into line with the Act on Free Access to and Exercise of Services Activities.

Legal profession, a multi-secular profession, dedicated to the defense of the rights and legal interests of citizens, whose evolution runs parallel to that of the strengthening of rights and freedoms, with the enormous qualitative leap that it took the Constitution 1978. Its intimate connection with freedom and the right of defense in our Constitution This is borne out by the public service work carried out by the entire school organization and the legal profession in the system of free legal aid, which, on the basis of Article 119 of the Constitution, regulate the Act 1/1996 of 10 January 1996Free Legal Aid, and its rules of development. Law is an essential part of the functioning of one of the powers of the State – the judiciary – and in the satisfaction of the fundamental right to obtain effective judicial protection, which demonstrates the constitutional relevance of the public interests involved in its exercise.

But the Statute must also reflect the essential aspects of this professional community, as well as those derived from the strict and unique relationship between the lawyer and his sponsor.

This general approach addresses the adaptation of the text to the current regulatory framework, which is strongly influenced by the Community provisions and the existing rules of the market and competition, as mentioned above; the adaptation to the new competition framework, taking into account the competences set out in the Statutes of Autonomy and, finally, the modernization of its figures and institutions, as well as its own collegial structure and its ways of relating to the collegiate and those who demand the provision of legal advisory services and defence services in general.

In this effort of innovation and updating, the assumption as norms of postulates typical of professional ethics, with a formulation in accordance with the social reality and anchored in the maximum irrenunciable of independence, dignity and integrity of the lawyer, stands out. The collegiate system is regulated in a unitary manner, addressing, among others, those aspects reserved by the Act No. 34/2006 of 30 October 2006on access to the professions of lawyer and court attorney. The limitations, incompatibilities and powers of lawyers in the exercise of the profession are also addressed from the corporate perspective of this rule, and a detailed regulation of relations with clients is also included. In this respect, the right of consumers to adequate information is recognized, in a remarkable exercise of transparency, and the guarantee of a service of care for consumers and users. As for the way in which the profession is exercised, it is dealt with both in a corporate and non-corporate way, with specific provisions regarding professional and multidisciplinary societies.

Important aspects such as the promotion of training and specialisation, or the promotion of measures aimed both at reconciling family and working life and at the need to advance equality between women and men in their institutions.

It is organized by the modernization of all orders, beginning with the use of new technologies, in a process of concurring with the advances in the digitization of justice. The government of the Colleges is subject to the principles of democracy, autonomy and transparency and its organization is planned in a manner respectful of the constitutional order of division of competences, in any case, under the protection of the General Council of the Spanish Lawyers, which integrating all the Bar Associations of Spain, has the mission to coordinate them, represent them and defend with them the interests of the Lawyers, in all orders and before all institutions.

This royal decree follows the principles of good regulation contained in the Law 39/2015 of 1 October 2015the Common Administrative Procedure of the Public Administrations, principles of necessity, effectiveness, proportionality, legal certainty, transparency and efficiency, while it pursues a general interest by providing an updated regulation to the Spanish Bar, and strictly complies with the mandate established in article 129 of the Law, there being no less restrictive regulatory alternative of rights.

The royal decree is issued in accordance with the provisions of Article 149.1.18.a of the Constitution, which confers on the State exclusive competence to dictate the bases of the legal regime of public administrations.

The adoption of these Statutes is the responsibility of the Government, in accordance with the provisions of Article 6.2 of Law 2/1974 of 13 February, on Professional Colleges, as amended by the Law 25/2009 of 22 December 2009.

By virtue of this, on the proposal of the Minister of Justice, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 2 March 2021,

DESIGN:

Sole article. Approval of the General Statute of the Spanish Bar.

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

Single additional provision. Income quota.

In application of the provisions of Article 6.3 (f) of Law 2/1974 of 13 February, on Professional Colleges, and in Article 9.1(d) of the General Statute approved by virtue of this royal decree, the Colleges, in the collegial procedure, shall clearly differentiate between the cost of the income quota and the cost of the services provided by the College to its members.

Transitional provision 1st. Applicable legislation.

1. Any offence committed until the date of the entry into force of this royal decree shall be punished in accordance with the rules of the previous Statute, approved by the Royal Decree 658/2001 of 22 June 2001. Notwithstanding the foregoing, the present royal decree shall apply, once it enters into force, if its provisions are more favourable to the offender, even if the facts were committed prior to its entry into force. If the application of the most favourable rule is decided, the person concerned shall be informed thereof, by communication from the investigating body or by hearing granted for that purpose.

2. The determination of the most favourable rule shall take into account the penalty to be imposed on the act under investigation.

Transitional provision 2nd. Ongoing disciplinary procedures.

1. Disciplinary proceedings initiated prior to the entry into force of this royal decree shall be decided in accordance with the previous regulations.

2. To that end, disciplinary proceedings shall be deemed to have been initiated when an initiation agreement is reached by the competent body, without prior reporting periods being considered as an initiation agreement.

Transitional provision 3 Situations and acquired rights.

Situations created and rights acquired under the regime previously in force shall be respected.

Transitional provision 4 Appointments in force.

Those who, upon the entry into force of this General Statute of the Spanish Bar, have the status of Councillor of the Plenary of the General Council of the Spanish Bar will continue to hold office for the remainder of their term of office, without applying to them the temporary limitation established in Article 99.2 of the General Statute which is now approved.

Upon expiry of the term of office in force, they may hold a new election, applying if the term of office laid down in Article 99(2) above is elected.

Single derogation provision. Repeal of regulations.

The Royal Decree 658/2001 of 22 June 2001approving the General Statute of the Bar.

Final provision one. Competence degree.

This royal decree is issued under the provisions of the Article 149.1.18.a of the Constitution, which confers on the State exclusive competence to dictate the bases of the legal regime of public administrations.

Final provision two. Safeguarding regional competences.

The regulation contained in the General Statute approved by this royal decree shall be without prejudice to the one approved by the Autonomous Communities for the Colleges and Councils which are constituted in their respective territorial areas, within the framework of their competence in this field.

Final provision three. Review and adaptation of regulations.

1. The General Council of the Spanish Bar, within one year of the entry into force of this royal decree, will approve or amend its own internal regulations to adapt it to its forecasts.

2. The Bar Associations, which shall apply the present royal decree from its entry into force, shall adapt their respective particular statutes and their rules of ethics, if available, within one year of the date of its adoption, as provided for in article 70 of the General Statute, which is approved by virtue of this royal decree, and shall refer it to the General Council for approval. The rules of ethics adopted by the General Council of the Spanish Bar will prevail in the event of conflict over those contained in the School Statutes.

Final provision four. Entry into force.

This royal decree shall enter into force on 1 July 2021.

Given in Madrid on March 2, 2021.

FELIPE R.

The Minister of Justice,

JUAN CARLOS CAMPO MORENO

GENERAL STATUS OF SPANISH ABOGACY

PRELIMINARY TITLE

Lawyers and their Guiding Principles

Article 1. The Bar and its guiding principles.

1. The Bar is a free and independent profession, which ensures the realization of the fundamental right of defence and legal aid and constitutes a guarantee of the rights and freedoms of individuals. Lawyers must always look after the interests of those whose rights and freedoms they defend with respect for the principles of the social and democratic state of constitutionally established law.

2. The profession of the Bar is exercised in free and fair competition. Its content consists in the activity of advising, advising and defending public and private rights and interests, through the application of legal science and technique, in order to the concord, to the realization of fundamental rights and freedoms.

3. These are guiding principles and higher values of the practice of the Bar, those of independence, freedom, dignity and integrity, as well as respect for professional secrecy.

4. Lawyers must be persons of recognized honour and, consequently, must observe a path of respect for the laws, the guiding principles and higher values of the profession, ethical standards and good professional practices.

5. In the social and democratic state of law, legal professionals play an essential role and serve the interests of justice, through legal advice and the defence of public rights and freedoms.

6. The Spanish Bar proclaims its special commitment to the recognition and defense of human rights.

Article 2. School organization of the Bar.

The school organization of the Bar is integrated by the General Council of the Spanish Bar, the Autonomous Councils and the Bar Associations. All these public law corporations shall, in their performance and functioning, comply with democratic principles and the State and regional rules adopted in the field of professional associations.

Article 3. Treatment and honors.

1. The Bar Associations will have their traditional treatment and, in any case, that of Ilustre and his Deans, His Excellency, as well as the Presidents of Councils of Colleges of the Autonomous Community and the members of the General Council of the Bar Association. Both these treatments, and the honorary denomination of Dean, will be held for life.

2. The Deans of Colleges whose seat is located in the provincial capital shall be honored as President of the Chamber of the respective Court or Hearing. The Deans of the other Colleges shall have the honour of Judge or Judge of the Court of First Instance and Instruction of the locality in which the College is constituted. These honourable considerations shall not affect precedence in acts organized by the relevant judicial authorities.

3. The Deans of the Bar Associations and the members of the Councils of Colleges of Autonomous Communities and of the General Council of the Spanish Bar will carry leaflets in their robes, as well as medals and plaques corresponding to their positions, in public hearing and solemn acts to which they attend. On such occasions, the other members of the Board of Government of the Bars shall bear on the robe the attributes of their positions, as well as flyers in the robe if traditionally recognized that right.

TITLE I

Lawyers and Lawyers

CHAPTER I

General provisions

Article 4. The lawyers' professionals.

1. They are professionals of the Bar who, being in possession of the official title that enables the exercise of this profession, are incorporated in a Bar Association as practitioners and are engaged in professional work in legal advice, in the settlement of disputes and in the defense of the rights and interests of others, both public and private, in extrajudicial, judicial or arbitral proceedings.

2. The name of lawyer and lawyer is exclusive to those who are enrolled in a Bar Association as practitioners.

Article 5. Scope of professional practice.

1. The lawyer and the lawyer may exercise their profession, as legally established, before any kind of courts and administrative bodies of Spain, as well as before any public or private entity or person. It may also exercise, in accordance with the applicable rules in each case, as an arbitrator, mediator or intervene in any other alternative methods to the jurisdiction for the resolution of disputes or disputes.

2. They may also pursue their profession before international or supranational courts whose regulatory rules permit it.

3. The professional intervention of the lawyer in all types of proceedings and in any jurisdiction shall be mandatory when so provided by the legal system.

4. The professional of the Bar may hold the procedural representation of the client when it is not exclusively reserved by law to other professions.

Article 6. Right of defence and assistance by legal professionals.

1. The free and independent intervention of the legal profession is a guarantee of the realization of the fundamental right of defence.

2. The Bar Associations, the Autonomous Councils and the General Council of the Spanish Bar, within the scope of their respective competences, will ensure and guarantee the effectiveness and correct exercise of the right of defense, removing obstacles that hinder the free and independent intervention of the professional of the Bar Association.

Accordingly, they will protect the legal profession when it is disturbed, disturbed or pressured in the exercise of its function, ensuring that it is guided exclusively by technical and professional criteria for the best defence of its client and in guarantee of its constitutional right to defence and the realization of justice.

3. The Bar Associations shall ensure that every person has access to legal advice, to the courts and to the assistance of a legal practitioner in the defence of his or her legitimate rights and interests, including by assisting him or her to appoint a professional lawyer of his or her choice or of his or her own motion, with or without recognition of the right to free legal aid.

4. The law enforcement college shall ensure that any impediments of any kind are removed, that they oppose the law intervention of the legal profession, and that the integrity and exclusivity of their actions are recognized and respected.

5. The Bar Associations, the Autonomous Councils and the General Council of the Spanish Bar will exercise as many actions as possible in the protection of the constitutional right of defense and guarantee compliance with the regulations governing the exercise of the profession by professionals of the Bar.

CHAPTER II

Acquisition and loss of collegial status

Article 7. Acquisition of the status of a collegiate lawyer.

1. The official title that enables the practice of the profession of the Bar and the incorporation into the College of the professional domicile, unique or principal, will be essential requirements for the practice of the Bar. The principal address of the place where the principal or sole professional office is located in Spanish territory or, failing that, that of his personal domicile in Spain shall be presumed to be the principal address. The co-legislator as an exerciser has the right to exercise throughout the territory of the State.

2. The first addition to a Bar Association may be:

(a) As a resident lawyer.

(b) As a registered lawyer.

3. Only one College may be incorporated as a resident, and membership in other Colleges other than the College of Residence shall be free, but the applicant shall be required to prove in each incorporation that appears as a professional of the Bar in the College of his Residence.

In the event that, for any circumstance, a collegiate person is dismissed from the College of Residence, or is not registered, he shall be deemed to have the status of resident in the College in which he was collegiate, and if he is in more than one, in which he is a collegiate with more seniority.

4. The provisions of this Article as regards the requirement that the person concerned be in possession of the official title enabling him to practise the profession, shall be without prejudice to the exceptions which, for certain public officials, contain Act No. 34/2006 of 30 October 2006on access to the professions of lawyer and court attorney in its third additional provision.

Article 8. Other categories of collegiate.

Persons who meet the requirements set out in the Act No. 34/2006 of 30 October 2006to enter a Bar Association, they may be collegiate in the category of non-exercising college members.

The non-exercist shall be considered to reside in the Bar Association to which he or she is attached; if he or she is a member of several, he or she shall be regarded as a collegiate body in which he or she coincides with that of the place where he or she has his or her particular domicile or, failing that, where he or she is a member of the Bar with more seniority, unless otherwise indicated.

Article 9. Requirements for collegiality.

1. The following requirements must be met to become a professional lawyer:

(a) Be of legal age and have Spanish or any Member State of the European Union or of the European Economic Area or of third countries, without prejudice to the provisions of international treaties or conventions and to the fulfilment of the requirements set out in the regulations on aliens with regard to the right of aliens to establish themselves and to have access to professional practice in Spain.

(b) To possess the official title which he may possess for the practice of the profession of the Bar, with the exception of the exceptions established in rules with the status of law.

(c) Accrediting the knowledge of the Castilian language and, where appropriate, of co-official autonomous languages by any means valid in law, except where it is reliably satisfied that the above requirement has been met.

(d) Satisfying the fee, which cannot exceed the costs associated with the registration process.

(e) Lack of criminal record for offences involving the imposition of severe sentences or disqualification from the practice of legal profession.

(f) Not to have been convicted of intruding in the practice of lawyers in the previous three years by a final decision, unless the criminal record resulting from this conviction has been cancelled.

(g) Not having been disciplined with the expulsion of a Bar Association or, in the event of such punishment, having been rehabilitated, which shall be established by means of a certificate issued by the General Council of the Spanish Bar.

(h) Not to be in the process of incapacity, incompatibility or prohibition for the exercise of the Bar, which shall be established by means of a certificate issued by the General Council of the Spanish Bar.

(i) Formalize the registration of workers in the relevant social security scheme or, where appropriate, the entry into an alternative social security mutual scheme to the special social security scheme for self-employed or self-employed workers, in accordance with the legislation in force;

2. In order to become a non-exercising collegial, the requirements set out in points (a), (b), (c), (d), (e), (f) and (g) of the preceding paragraph shall be fulfilled. It shall also prove that it is not incompetent or prohibited to practise the profession as provided for in paragraph (h). The non-exercising co-legislator may join the Bar of his choice; if he is registered as a non-exercising co-legislator, the second paragraph of Article 8 shall apply.

3. Applications for membership shall be approved, suspended or denied, prior to the appropriate proceedings and reports, by the Board of the College by reasoned decision, and may not be denied to those who meet the requirements set out in this article.

Refusal of incorporation as an exerciser adopted by one College shall prevent incorporation into another in the case of an insubstantial cause or that it has not been duly remedied. For this purpose, the decisions refusing to join shall be communicated to the General Council of the Spanish Bar for transfer to all the Bars.

4. In cases where the request for collegiality comes from a person who has previously exercised in another Member State of the European Union, the request shall be made in accordance with the Article 77 of Royal Decree 581/2017 of 9 June 2017incorporating into Spanish law Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending the Directive 2005/36/EC on the recognition of professional qualifications, and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (IMI Regulation).

Corporations integrated into the co-op organization of the legal profession shall report on circumstances that may affect the ability to practice the legal profession in the terms of Article 77.

Article 10. Oath or promise of compliance to the Constitution and the rest of the legal system.

1. Prior to commencement of their professional practice, legal professionals shall take an oath or promise to comply the Constitution and the rest of the legal order and to comply with the ethical standards of the profession, with freedom and independence, in good faith, with loyalty to the client, with respect to the opposing party and with professional secrecy.

2. The oath or promise shall be solemnly given to the Dean of the College to whom the Bar Professional is incorporated as an exercist for the first time or to the member of the Governing Board to whom he delegates, in such manner and protocol as the Board itself may establish. In any event, the personal record of the collegiate must record the performance of the oath or pledge.

Article 11. Inability to practice law.

1. The following are determining causes of incapacity to practice law:

(a) Impediments which, by their nature or intensity, do not permit the fulfilment of the defence and advisory mission entrusted to the legal profession.

(b) Disqualification or suspension from the exercise of the Bar by virtue of a final judicial decision.

(c) Firm disciplinary sanctions that entail suspension of professional practice or expulsion from any Bar Association, which will be effective throughout the national territory.

2. The incapacity, for any of the above reasons, shall entail the automatic transfer of the collegiate to the condition of non-exerciser and shall cease when the cause which had motivated it ceases, which, in the case of the penalty of expulsion, shall include the rehabilitation provided for in article 13.

3. In the event that he has been subject to the disciplinary sanction of expulsion from any Bar, the incapacity shall not disappear until the professional of the Bar is rehabilitated in accordance with the provisions of this Statute.

Article 12. Loss of collegial status.

1. The status of collegiate shall be lost:

(a) By death.

(b) On voluntary leave.

(c) The failure to pay twelve monthly instalments of the compulsory fee, to which he was obliged to pay.

(d) A firm conviction that carries with it the principal or accessory penalty of disqualification from the exercise of the profession.

(e) A sanction of expulsion from the College, agreed upon by a final decision in disciplinary proceedings.

2. The loss of the status of collegial shall be recognised in the case of point (a) of the preceding paragraph or agreed in a reasoned decision for the rest of the cases, by the Governing Board of the College and, once signed, shall be immediately communicated to the General Council and, where appropriate, to the corresponding Autonomous Council.

3. In the case of subparagraph (c) of subparagraph 1, the collegiate members may rehabilitate their rights by paying the dues and their interests at the legal rate increased by two points, fulfilling, where appropriate, the requirements set out in the respective collegial statutes on this rehabilitation procedure.

Article 13. Rehabilitation of the dismissed legal profession.

1. The professional of the Bar is disciplined with the expulsion of a Bar Association and may obtain rehabilitation for the exercise of the profession when the requirements of the following paragraphs are met, without prejudice to those that may be provided for in addition by the Bars.

2. The rehabilitation of the professional of the expelled lawyer will require the duration of a period of five years from the moment the penalty of expulsion has been executed and the accreditation of having passed the training activities in the field of professional ethics established by each college on a general basis, as well as not having incurred in the cause of indignity or contempt of professional and ethical values and obligations.

3. Rehabilitation will be requested from the College Governing Board which imposed the penalty of expulsion. In order to decide on such a request, the following circumstances shall be assessed:

(a) Criminal record following the sanction of expulsion and previous disciplinary sanctions not carried out;

(b) The extent of the damage caused by the commission of the offence, as well as, where appropriate, its lack of redress, taking into account the nature of the damage.

(c) Any other relationship with clients, colleagues, authorities and the corporate professional organization that allows an assessment of the impact of the conduct of the professional of the Bar on his future exercise of the profession, for which account shall be taken of complaints or complaints received after the expulsion, provided that the facts to which they relate are not prescribed.

4. The decisions of the associations refusing the rehabilitation requested must always be reasoned.

TITLE II

Legal practice

CHAPTER I

Scope

Article 14. Territorial scope of action of the professionals of the Bar.

1. The professional of the Bar incorporated in any Bar of Spain may freely provide its professional services throughout the territory of the State, with equal powers and duties, as well as in the other Member States of the European Union and in other countries in accordance with applicable international standards, treaties or conventions. In addition, legal professionals from other countries may do so in Spain in accordance with the regulations in force.

2. In order to act professionally in the territorial sphere of any College other than that to which it is incorporated, the professional of the Bar may not be required to be entitled, nor may the payment of economic compensations other than those which are also required of the members of the Bar for the provision of services to which they are beneficiaries and which are not covered by the college fee.

3. In the course of professional activities carried out in the territorial sphere of a college other than that of incorporation, the professional of the Bar shall be subject to the rules of action, ethics and disciplinary regime of the Bar, which shall protect his freedom and independence, in accordance with the Article 3.3 of Law 2/1974 of 13 February, about Professional Colleges.

Article 15. Accreditation of the status of Lawyer and Advocate.

1. The Bar Associations will communicate to the General Council of the Spanish Bar the list of their professionals of the Bar, with expression of the high and low produced. The Colleges shall ensure that this list contains the professional data of the legal profession, such as first name and surname, membership number, official titles of those in possession, professional domicile and status of professional qualification, telephone number and email address. The General Council of the Spanish Bar will draw up with the lists sent to it by the Colleges the register of professional collegiate professionals provided for in the legislation of Professional Colleges, or national census of professionals of the Bar, which will be published on the web and at the one-stop shop, with expression of the College in which it appears as a resident co-legislator.

2. The Secretary of the College shall transmit annually, preferably electronically, the list of legal professionals incorporated into the College to all the courts and tribunals of its territory, as well as to the prisons and detention centres. The list will be updated periodically with both high and low. The mailing of this list may be replaced by direct access to the website containing the duly updated data. The fact that they are included in such a list shall serve as proof for the exercise of their profession by lawyers.

3. The Secretary of the College may verify that the legal professionals involved in the judicial proceedings are incorporated as practitioners in that College or in another one in Spain.

4. The professionals of the Bar must record in all their performances the College to which they are incorporated and the number of collegiate.

Article 16. Legal services online or via internet.

1. The provision by a legal practitioner of legal advice online or via the Internet constitutes a form of exercise of the profession subject to this General Statute and to the rest of the legal order.

2. The identification of the professional of the Bar that provides the service, as well as the College to which it belongs, must be communicated to the client or user before the provision of services and, in any case, before requesting the payment of any consideration.

3. Where a lawyer is required to provide his professional services through this means, he shall take the necessary measures to ensure professional secrecy and obtain from the client sufficient accreditation of his identity and other information to prevent conflicts of interest and provide appropriate advice to the applicant for his services.

4. Confidential communications should be sent encrypted and with a secure electronic signature, provided that the circumstances of the customer permit.

5. The services shall be deemed to be provided at the place where the seat of the Court is located, in the event of judicial proceedings, and in the case of counselling, in the place where the legal profession is registered.

Article 17. Compulsory professional intervention.

In order to guarantee the defence of rights and freedoms and in fulfilment of the social function of the Bar, professionals in the Bar must carry out the professional interventions established by law.

CHAPTER II

Incompatibilities

Article 18. Incompatible professional activities.

1. The practice of law is incompatible:

(a) In any case, by holding positions, functions or jobs in the service of the judiciary, the State, regional or local authorities and public law entities that are or are linked to them, whose regulations so require.

(b) With the activity of auditing accounts in the terms legally provided.

(c) With any other activities declared by law to be incompatible.

2. Lawyers may not maintain professional associations with persons affected by the incompatibilities referred to in the preceding paragraph, where the law so provides.

3. The lawyer who engages in any of the causes of incompatibility must immediately cease to engage in one of the two incompatible activities; in the case of the lawyer, he must be discharged as a practitioner within a maximum period of fifteen days by communication to the Governing Board of his College. If it does not do so, the Board may suspend it cautiously in the exercise of the profession, automatically moving to the status of a non-exerciser and agreeing at the same time to initiate the corresponding disciplinary file.

CHAPTER III

Advertising

Article 19. Principle of free advertising.

The legal profession may freely advertise its services, with full respect for the laws on advertising, competition and unfair competition, as well as this General Statute and the applicable Codes of Ethics.

Article 20. Advertising.

1. Publicity by the professionals of the Bar shall in any case respect independence, freedom, dignity and integrity as essential principles and superior values of the profession, as well as professional secrecy.

2. Advertising may not imply:

(a) The direct or indirect disclosure of facts, data or situations covered by professional secrecy.

(b) Generic or specific incitement to litigation or conflict.

(c) The provision of professional services, either by itself or by third parties, to direct or indirect victims of accidents or misfortunes, as well as of disasters, public calamities or other events which have resulted in a large number of victims, whether or not they are offences, in times or circumstances which condition the free choice of a lawyer, and in any case up to 45 days after the act, in the same terms as set out in the Article 8.2 of Law 4/2015 of 27 Aprilthe Statute of the victim of the crime.

This prohibition shall not apply if the provision of these professional services has been expressly requested by the victim.

(d) A promise to obtain results that do not depend solely on the activity of the legal profession.

(e) The reference to clients of the lawyer's own professional without his authorization, except as provided for in article 54.

(f) The use of institutional or collegial emblems or symbols and of those other emblems which, by their similarity, might lead to confusion.

(g) The mention of activities carried out by the legal profession which are incompatible with the practice of legal profession.

3. The particulars which specialise in certain subjects include professionals in the legal profession in their advertising must be based on the possession of specific academic or professional qualifications in the subjects concerned, on the completion of officially approved vocational training courses or on a professional practice which supports them.

CHAPTER IV

Professional secrecy

Article 21. Professional secrecy.

1. Trust and confidentiality in customer relations impose on the legal profession, as established by the Organic Law 6/1985 of 1 Julythe judicial branch, the duty and the right to keep secret all facts or news that it knows by reason of any of the modalities of its performance, and may not be obliged to testify about them.

2. The provisions of this Chapter shall be without prejudice to the provisions of each case Organic Law 6/1985 of 1 Julythe judiciary, by the procedural laws and other applicable legislation.

Article 22. Area of professional secrecy.

1. The duty and right of professional secrecy of the legal profession includes all facts, communications, data, information, documents and proposals which, as a professional of the legal profession, have been known, issued or received in the course of his professional practice.

2. Professional secrecy does not cover the actions of the legal profession other than those of its professional practice, and in particular communications, writings and documents in which it intervenes with a representative mandate from its client and so expressly states.

3. Talks conducted by lawyers with their clients, opponents or their legal professionals, by presence or by any telephone or telematic means, may only be recorded with the prior warning and agreement of all participants, in any case covered by professional secrecy. They are also protected by professional secrecy, recordings made by the client, not known to his lawyer, even if he was not or did not intervene at that time, of conversations involving the lawyer of the other party.

4. The legal profession must ensure that the professional secrecy of its employees and associates is respected, as well as the relevant staff and other persons who cooperate with it in its professional activity.

5. The duty of professional secrecy remains even after having ceased to provide services to the customer, without being limited in time.

6. The Advocate shall be relieved of this duty in respect of anything that only affects or relates to his client, provided that he has been expressly authorized by the latter.

Article 23. Confidentiality of communications among legal professionals.

The professional of the Bar cannot provide to the Tribunals, or provide to its client, letters, documents and notes that, as communication between professionals of the Bar, maintain with the professional of the Bar of the other party, unless expressly authorized by the latter. This prohibition shall not apply to letters, documents and notes in which it intervenes with a representative mandate from its client and shall state this expressly.

Article 24. Entry and registration in professional offices.

The Deans of the Colleges, who shall be the statutory substitutes or those appointed for this purpose by the Dean, shall assist at the request of the person concerned in the practice of the registers in the professional office of a professional of the Bar and in the procedures for reviewing the documents, computer aids or files involved in the Bar, ensuring the safeguarding of professional secrecy and, in particular, that the registration and the other proceedings, to which they shall also attend, shall be limited exclusively to the investigation of the offence on the basis of which they were agreed.

CHAPTER V

Professional fees

Article 25. Right to fees.

The legal profession is entitled to compensation for its services, as well as reimbursement of the costs incurred.

Article 26. Free fixing of fees.

The amount of the fees will be freely agreed between the client and the professional of the Bar with respect to the rules of ethics and on the defense of competition and unfair competition.

Article 27. I'm a professional officer.

1. Prior to the commencement of his or her performance, the lawyer shall provide his or her client with the information referred to in article 48 of this General Statute, preferably through the use of custom sheets.

2. The Bar Associations will establish custom sheet models to promote and facilitate their use.

Article 28. Obligation to issue invoice.

The professional lawyer or the professional company must deliver invoice to the customer. This invoice will have to meet all legal requirements and will have to state in detail the different concepts of fees and the statement of expenses. Where possible, the use of the electronic invoice shall be encouraged.

Article 29. Guidance criteria for the purposes of cost valuation and swearing in accounts.

The Bar Associations may draw up criteria for the guidance of fees for the exclusive purposes of the valuation of costs and of the oath of accounts of the professionals of the Bar Association, as well as inform and rule on professional fees, and may even issue expert reports, in accordance with the terms of Article 5 (o) of Law 2/1974 of 13 February, about Professional Colleges. The above criteria shall also apply to the calculation of fees corresponding to the purposes of the assessment of costs in the form of free legal aid.

CHAPTER VI

Free and ex officio legal aid

Article 30. Scope.

In accordance with the provisions of Article 22 of Law 1/1996 of 10 January 1996The Bar Associations shall establish free legal aid advisory services for applicants, with the aim of guiding and channelling their claims. Such advice shall in any event be free of charge to applicants.

The legal profession is responsible for providing the compulsory legal aid and defence services free of charge, in the terms and in the cases provided for by law.

Counseling professionals also have the advice and defence of those who wish to exercise their rights before any jurisdiction or administration and do not have legal profession to defend or advise them, with the obligation to pay their fees.

Article 31. Organization and control.

1. Professionals in the Bar shall perform the functions referred to in this chapter with the professional freedom, independence and diligence which they have and in accordance with the rules of ethics governing the profession and the rules governing free legal aid.

2. The development of these functions will be organized by the General Council of the Spanish Bar, the Autonomous Councils, where appropriate, and the Bar Associations, the latter proceeding to the appointment of the professional of the Bar that must assume each matter, to the control of its performance, to the establishment of the rules and requirements to be complied with the provision of the corresponding services and to the requirement of the responsibilities to which it takes place, all in accordance with the legislation in force. Professionals in the legal profession shall perform the functions referred to in the territorial field of secondment, as appropriate in each case, in accordance with the provisions of the rules governing free legal aid.

3. It is up to the General Council of the Spanish Bar to decide on which is the Bar Association competent to process requests for free legal assistance in the event of a conflict between Schools belonging to different Autonomous Communities or when the Schools in conflict belong to the same Autonomous Community, provided that there is no Autonomous Council and that the autonomous regulations do not provide otherwise.

4. It is also up to the General Council of the Spanish Bar to resolve in case of conflict which is the Bar Association competent to process requests for free legal assistance in cross-border disputes of the European Union.

5. It is for the Bar Association of the place of domicile or habitual residence of the applicant to process applications for free legal aid to litigate in another Member State of the European Union.

6. The assistance and defence of those entitled to free legal aid is an obligation of all legal professionals. However, in schools with a sufficient number of legal professionals, volunteer service can be organised.

CHAPTER VII

Practice of the profession of Advocate and Advocate in Spain by professional lawyer from other Member States of the European Union

Article 32. Freedom to provide services.

Legal professionals established permanently in a Member State of the European Union may freely carry out the activities of the Bar in Spain on an occasional basis, under the conditions laid down in the legislation in force.

Article 33. Right of establishment.

1. Professionals in the Bar of other Member States of the European Union and in the European Economic Area shall have the right to pursue their professional activity in Spain on a permanent basis and with their professional title of origin, under the name ‘registered legal profession’, in the terms and with the limitations laid down in the rules on the exercise in Spain of the profession of lawyer with a professional qualification obtained in another Member State of the European Union.

2. The 'registered legal profession' may pursue the profession in accordance with the procedures laid down in this Staff Regulations.

Article 34. Concert with professional of the Spanish Bar.

1. Visiting lawyers and registered lawyers must act in concert with a professional of the Bar registered in Spain in accordance with the applicable rules.

2. The concert must be communicated in each case to the Bar Association before whose Dean the visiting lawyer has presented himself or where the "registered lawyer's profession" is registered, by written form signed by both professionals. The existence of the concert must also be recorded in all the professional acts to which it relates.

3. The concert obliges the professional of the Collegiate Bar to accompany and assist the "registered Bar Professional" or the professional of the Visiting Bar in the professional performances.

TITLE III

Forms of professional practice

CHAPTER I

Individual exercise

Article 35. Exercise as an office holder.

1. The individual practice of the Bar may be carried out on its own behalf as the holder of a law firm. The professional of the Bar will answer professionally to his client of the performances carried out by the professionals of the Bar that, if necessary, were integrated in his office, without prejudice to his ability to repeat in front of them. However, all acting legal professionals are subject to ethical duties and will assume their own responsibility.

2. The fees charged by the client shall be in favour of the holder of the office, even if the proceedings are carried out by other professionals of the Bar by delegation or substitution. In turn, the holder will personally answer for the fees due to the professionals of the Bar to whom he orders or to whom he delegates actions, even in the event that the client stops paying them, unless written agreement to the contrary.

3. The professional status of the Bar holder of an individual office shall not be lost:

(a) Where the legal profession is limited to sharing premises, facilities, services or other means with other legal professionals, maintaining the independence of their law firms and without joint identification with clients.

(b) When the lawyer enters into cooperation agreements for certain matters or classes of matters with other professionals in the Bar or collective offices, whether national or foreign, in whatever form.

Article 36. Professional collaboration.

1. The practice of self-employed lawyers under professional cooperation shall be agreed in writing, setting out the conditions, duration, scope and economic regime of the partnership.

2. The professional of the collaborating lawyer, who will act with full independence and freedom, must know the identity of the client, with respect to whom he must fulfill all his ethical duties.

3. The collaborator shall record, if necessary, that he acts by replacing or delegating the office with which he collaborates.

CHAPTER II

Exercise in employment

Article 37. Work regime.

A lawyer may be employed under a special or common employment relationship.

Article 38. Special employment relationship.

The special employment relationship of legal professionals who provide services in the offices of legal professionals, individual or collective, is governed by the regulations governing that special employment relationship.

Article 39. The Lawyer and Business Advocate.

The Bar may also be employed as a professional in the profession of an undertaking in a common employment relationship, by means of a contract of employment formalised in writing and in which the freedom, independence and professional secrecy basic for the exercise of the profession must be respected and expressed if such exercise is exclusive.

CHAPTER III

Collective exercise

Article 40. Collective practice of the Bar.

Professionals of the Bar may practice the Bar collectively by their grouping in any of the lawful forms of law. Where a company is established for the joint exercise of the profession, it shall be constituted as a professional company, in accordance with the provisions of the Law 2/2007 of 15 March 2007, professional societies and other relevant State or regional regulations, giving effect to the specific provisions of this Statute and of the individuals of each College.

It is presumed that there is a collective exercise of the profession, in accordance with the provisions of the Second additional provision of Law 2/2007 of 15 Marchwhere the pursuit of the activity is carried out publicly, without forming a professional company, under a common or collective name, or documents, invoices, minutes or receipts under that name are issued.

Article 41. Professional societies for the practice of the Bar.

1. Professional companies established for the pursuit of the profession shall be governed by the provisions of the laws governing professional companies, their implementing rules, the autonomous regulations applicable, where applicable, by this Statute and by the particular Statutes of each Bar.

2. The same rules shall also apply to professional associations which have as their object the professional pursuit of several professional activities, where one of them is the Bar.

3. The Bar Association in which they are registered shall exercise over professional societies the same powers as those conferred upon it by the legal order on lawyers, in particular as regards professional ethics and the exercise of sanctioning authority.

4. Professional companies may provide in their statutes or agree at a later stage that disputes arising between the members, between them and the administrators and between either of them and the company, including those relating to the operation, separation, exclusion and determination of the settlement fee, shall be subject to collegial arbitration.

Article 42. Collective exercise in a non-corporate manner.

1. The collective office shall have as its exclusive object the professional practice of the Bar and shall be composed only of professionals of the Bar, without limitation of number.

2. The grouping shall be constituted in writing and shall permit the identification of its members at all times.

3. In the professional interventions they carry out, in the worksheets they subscribe and in the minutes they issue, the professionals of the Bar must record their status as professionals of the Bar grouped in a collective office. The fees shall be payable to the collective without prejudice to the internal distribution regime as agreed upon. However, the proceedings relating to free legal aid shall be of a personal nature, even if the remuneration may be paid in the name of the collective dispatch, which shall issue the corresponding invoice or document replacing it.

4. The performance of the members of the collective office shall be subject to the collegial discipline of the College in whose area it is carried out, in person by the professional of the Bar that has carried out it. However, the duty of professional secrecy, incompatibilities affecting any of its members and situations of prohibition of acting in defence of interests opposed to those sponsored by any of them shall be extended to all members of the collective dispatch.

5. The civil liability that may fall under the collective discharge shall be required under the general legal regime corresponding to the form of grouping used. In addition, without prejudice to the provisions of Second additional provision of Law 2/2007 of 15 Marchall professionals of the Bar who have intervened in a matter will respond civilly to the client in a personal, solidarity and unlimited manner.

6. For the better safeguarding of professional secrecy and internal relations, the rules of collective clearance may subject to collegial arbitration any discrepancies that may arise between its members because of the operation, separation or liquidation of the dispatch.

CHAPTER IV

Multi-professional partnership exercise

Article 43. Practice of the profession in multi-professional collaboration.

1. Lawyers may associate in multi-professional collaboration with other non-compatible liberal professionals using any lawful form of law, provided that the following conditions are met:

(a) That the grouping is intended to provide joint services, which must necessarily include legal services that are complementary to those of other professions.

(b) The activity to be carried out does not affect the proper exercise of the Bar.

(c) The conditions laid down in Article 42 of this Statute shall be fulfilled with respect to the exercise of the Bar, except for the first subparagraph thereof.

2. Lawyers must be separated when any member of the group fails to comply with the rules on prohibitions, incompatibilities or deontology specific to the Bar, without prejudice to any penalties that may be appropriate.

CHAPTER V

Records of professional companies

Article 44. School records.

1. Each Bar Association shall establish such records as it may determine and allow for registration on a compulsory basis and with due separation:

(a) Professional societies whose sole purpose is the exercise of legal profession.

(b) Multidisciplinary professional societies that are also engaged in the practice of law.

2. The purpose of registration is to incorporate professional societies into the College so that it can exercise its powers validly.

3. Records created by the Bar Associations may be kept in computer support, with full respect for the rules on the protection of personal data.

4. Professional companies shall be registered in the registers of the College of their registered office or statutory office.

Article 45. Record seats.

1. The relevant register shall open a sheet for each entity, which shall record the data specified at each time by the regulatory legislation of the professional companies. The Colleges shall specify the contents of these sheets, taking into account the applicable legal provisions.

2. All registered acts must be communicated and submitted for registration within one month of their adoption. When written in public writing, an authorized copy must be submitted when applying for registration.

3. Registration or refusal of registration must be made by the Registrar within another month. Silence shall operate on a positive basis, in which case registration shall be carried out.

4. Without prejudice to other forms of advertising provided for in the legislation on professional companies, the advertising of the registered data shall be carried out by certification of the contents of the sheet or of its seats or by simple information note or copy. The use of computer resources will be encouraged.

5. All registrations made shall be subject to the fees determined by each Bar Association in accordance with the cost of the service.

Article 46. State Registry of Professional Societies.

The General Council of the Spanish Bar may create the State Registry of professional societies dedicated to the practice of the Bar, which will be formed exclusively with the data that the Bar Associations send to it. Its advertising will be done by computer means and through the Internet portal of the General Council, with the necessary guarantees of confidentiality.

TITLE IV

Relationships between legal professionals and clients

Article 47. Independence and freedom of the legal profession.

1. Independence and freedom are guiding principles of the profession that must guide the performance of the profession at all times, whatever the way in which it is exercised. The legal profession must refuse to perform any actions that may jeopardize its independence and freedom.

2. The relationship of the legal profession with the client must be based on mutual trust.

3. In any case, the advisory or defence mission entrusted to him must be carried out with the utmost diligence, with priority being given to the satisfaction of his client's interests.

4. The professional of the Bar shall carry out, with full freedom and independence and under his responsibility, the professional activities imposed on him by the defence of the matter entrusted to him, in accordance with the technical and ethical requirements appropriate to the legal protection of the case.

Article 48. Duties of information and identification.

1. The lawyer must provide the client with his name, tax identification number, College to which he belongs and collegiate number, professional address and means to communicate with him or his office, including electronic means.

In the case of a professional company or collective dispatch, it shall inform the customer of its name, form, registration data, legal regime, tax identification code, address or place of business from which the services and means of contact, including electronic means, are provided.

2. Where the services required require the participation of different professionals of the Bar of the same company or organization, the client shall have the right to know the identity of all of them, the College to which they belong and, if they are professional societies, whether or not they are partners, as well as the professional of the Bar that assumes the direction of the matter.

3. The lawyer has an obligation to inform his client about the viability of the matter entrusted to him, to try to dissuade him from promoting conflicts or pursuing unfounded legal proceedings and to advise him, if necessary, on alternative ways to better satisfy his interests.

4. It shall also inform you of the fees and costs of your performance, by presenting the order form or equivalent medium. It will also let you know the consequences of a sentence on costs and its approximate amount.

5. The lawyer must inform his client of the status of the matter in which he is intervening and of the relevant incidents and resolutions that occur. In administrative and judicial proceedings, if required by the client, he or she shall provide a copy of the different written submissions or receipts, of the judicial or administrative decisions notified to him or her and of the recordings of proceedings that have taken place.

6. The lawyer may issue reports containing professional assessments of the likely outcome of a case, dispute or an estimate of its possible economic consequences only if the request is made by the client concerned who, in any case, must be the exclusive addressee, unless the client expressly authorizes him to make it known to a third party.

7. Likewise, the lawyer has the right to collect from the client, maintaining the necessary confidentiality, as much information and documentation as is relevant for the proper exercise of his function. In no case may the lawyer retain documentation of the client, without prejudice to the retention of a copy.

Article 49. Supplementary information.

1. If the client so requests, the lawyer shall make available the following additional information:

(a) Reference to the rules governing access to the profession of professional lawyer in Spain, as well as the means of access to its content.

(b) Reference to their multidisciplinary activities.

(c) Potential conflicts of interest and measures taken to prevent them.

(d) Codes of ethics or conduct to which they are subject, as well as the direction in which these Codes may be consulted.

2. This information shall be made available to the customer in one of the following ways:

(a) At the place of service or conclusion of the contract.

(b) Electronically.

(c) In any type of information document provided to the client by presenting the services in detail.

3. The information referred to in points (b) and (c) of the first paragraph of this Article shall always be included in any information report in which the legal profession provides its services in detail.

Article 50. Acceptance and resignation of professional commissions.

1. The lawyer shall be free to accept or reject the direction of any matter entrusted to him.

2. The lawyer may cease his or her professional intervention when discrepancies arise with his or her client and must do so when circumstances arise affecting his or her independence and freedom in defence or the duty of professional secrecy.

3. The lawyer may waive the procedural defence entrusted to him at any stage of the proceedings, provided that no defence is caused to the client, being obliged to discharge the urgent procedural procedures.

The lawyer shall notify the client of his resignation in writing and, where appropriate, to the judicial or administrative body before which he has appeared and shall provide the partner who takes charge of the matter with all the information and information necessary for the proper defence of the client.

4. Free legal aid and ex officio duty shall be governed by their own specific rules.

Article 51. Conflict of interest.

1. The lawyer is obliged not to defend interests in conflict with those whose advice or defense has been entrusted to him or his own and, in particular, not to disappoint the trust of his client.

2. The legal profession may not intervene on behalf of two or more clients in the same matter if there is a significant conflict or risk of conflict between the interests of those clients, except with the express and written authorization of all of them, prior to and duly informed thereof and provided that it is a matter or assignment of a non-disputed nature. The lawyer may also intervene in the interests of all parties involved in mediation and in the preparation and drafting of documents of a contractual nature, and in such cases must be strictly neutral.

3. When a conflict of interest arises between two clients, the lawyer must cease to act for both of them, unless the two express written authorization to intervene in defence of one of them.

4. The legal profession must refrain from acting for a new client where there is a risk of breach of professional secrecy with respect to information supplied by a former client or if the knowledge that the legal profession has on account of other matters of the former client could unduly favour the new client to the detriment of the former.

5. Where several professionals in the legal profession collectively exercise or form part of or collaborate in the same office, whatever the form of association used, the rules set out in this article shall apply to the group as a whole and to each and every one of its members.

Article 52. Claims obligations.

1. Lawyers will make available to their clients a telephone number, fax number, email address or postal address so that they can address their complaints or requests for information about the service provided.

2. Lawyers must respond to complaints as soon as possible and, in any event, within one month of their receipt.

Article 53. Relationship of the lawyer to the opposing party.

1. When you are informed that you have legal assistance, the lawyer cannot come into direct contact with the opposing party and can only relate to you through your lawyer, unless expressly authorized by the lawyer.

2. If the opposing party is not assisted by a professional lawyer, the intervener shall avoid any abuse and refrain from any act that determines an unfair injury. In any case, you will be advised to appoint a lawyer.

Article 54. Participation in procurement procedures.

Advocates who participate in a procurement procedure subject to public sector contract law may include in their professional record, if so requested in the procurement documents, references to customers for whom they have provided services, provided that they have not expressly prohibited it and that the duty of confidentiality and the rules on the protection of personal data are respected, without infringing the right to privacy of natural persons.

TITLE V

Professionals in the Law and Administration of Justice

Article 55. General duty of cooperation.

1. As a guarantor of the effectiveness of the constitutional right of defence and as a collaborator with the Administration of Justice, the legal profession is obliged to participate and cooperate with it by advising, reconciling and defending in law the interests entrusted to it.

2. In his intervention before the courts, the legal profession must abide by good faith, prudence and loyalty in its conduct. The form of their intervention shall be respectful of those bodies and the professionals of the Advocates' Office of the other parties.

Article 56. Location in the Chambers and judicial units.

1. Lawyers shall have the right to intervene before the courts and tribunals of any jurisdiction sitting on the bench, preferably at the same level as the court before which they act and wear toga, adapting their clothing to the dignity of their function.

In any event, the court shall take account of any indications which may be adopted by the judicial body in the exercise of the police officers.

2. The acting lawyer may be assisted or replaced in any judicial proceeding by one or more co-workers, and two or more legal professionals may take part in the hearings provided that such joint intervention provides sufficient justification at the discretion of the judicial body. The replacement shall be sufficient for the declaration of the substitute lawyer under his own responsibility.

3. Lawyers who are prosecuted or charged and defend themselves or collaborate with their advocate will use toga and, in this case, will occupy the site of the lawyers' professionals.

4. The Colleges shall ensure that adequate and adequate units are located in the courts and tribunals for the use of legal professionals in the performance of their duties.

Article 57. Delays in court proceedings.

Lawyers shall wait a reasonable time for the time indicated by the judicial bodies for the proceedings in which they are required to intervene, after which they shall make the relevant complaint to the same body without just cause.

They should also report the delay to the Governing Board of the relevant College so that it can take appropriate action.

The Colleges shall establish protocols of action to ensure that the corresponding complaint is submitted to the General Council of the Judiciary in the event of repeated unjustified delays.

Article 58. Protection of the freedom and independence of the legal profession.

1. In their proceedings before the courts and tribunals, the professionals of the Bar are free and independent, enjoy the rights inherent in the dignity of their function and may apply for protection in their freedom of expression and defence, as provided for in the applicable rules.

2. If the lawyer considers that the authority, judge or court restricts the independence and freedom necessary for the performance of his professional duties, or that he does not have due regard for his function, he may so record it before the court or tribunal itself and report it to the Governing Board. The Board, if it considers the complaint well founded, shall take active measures to protect professional freedom, independence and dignity.

3. The Colleges shall notify the authorities, judges or courts that have restricted the freedom or independence of the legal profession and shall, where appropriate, report such conduct to the General Council of the Judiciary and the relevant institutions. The Bar Associations will also promote formulae for hearing before the Governing Chambers of their respective High Courts of Justice in the government cases against any legal profession and its appeals.

TITLE VI

Relationships between legal professionals

Article 59. Duties to the other professionals of the Bar.

1. Lawyers must maintain mutual loyalty and mutual respect.

2. In any case, legal professionals are obliged in relations with other colleagues to the following:

(a) To inform the College of the intention to bring, on its own behalf or on behalf of the client, an action for civil or criminal liability against another professional of the Bar, derived from the professional exercise.

(b) To maintain absolute respect for the legal profession of the opposing party, avoiding any personal allusion in court briefs, oral reports and any oral or written communication.

(c) No attribution of authority other than that conferred by the client.

(d) To report the cessation or interruption of extrajudicial negotiations before filing a judicial complaint or, where appropriate, requesting the enforcement of a decision.

(e) Refrain from requesting the testimony of the legal practitioner from the opposing party or other legal professionals who had any professional involvement in the matter.

Article 60. Replacement of the lawyer's professional.

1. The professional of the Bar, who is responsible for the professional management of a matter entrusted to another partner, must inform the latter in a way that allows the record of the reception, proving that he has received the commission from the client.

2. The substituted lawyer must, as soon as possible, acknowledge receipt of the communication, make available to the colleague the documentation relating to the matter in his possession and provide him with the necessary data and information.

3. The new professional of the Bar is obliged to respect and preserve the professional secrecy of the documents received, with special attention to the confidentiality of communications between colleagues.

4. If the replacement between professionals takes place in the framework of an electronic judicial record, it shall be subject to the provisions of Article 17 of Law 18/2011 of 5 July 2011regulation of the use of information and communication technologies in the administration of justice, and its development provisions.

TITLE VII

Professional ethics

Article 61. Professional ethics.

1. Professionals of the Bar are obliged to respect the ethical norms of the profession contained in this General Statute, in the Code of Ethics of the Spanish Bar, in the Code of Ethics of the Council of the European Bar and in any other applicable to them.

2. Where the lawyer is acting outside the territorial scope of his College, he must also comply with the rules of ethics in force at the place where he performs his duties, in accordance with the Article 3.3 of Law 2/1974 of 13 February, about Professional Colleges.

TITLE VIII

Training and specialization of legal professionals

Article 62. Schools of legal practice.

In the professional and corporate sphere of the Bar, and within the framework of the regulations governing access to the profession, it is for the Professional Colleges and the General Council of the Spanish Bar to exercise, respectively, the powers provided for in the Act No. 34/2006 of 30 October 2006on access to the profession of lawyer and prosecutor of the courts, in order to establish, approve and perform functions to be performed by the schools of legal practice, in order to carry out the task of providing training aimed at obtaining the professional title, in addition to the continuous training of all the collegiate, including their specialization in certain branches of law.

Article 63. Scheme of participation of professionals in the Bar in external internships to obtain the professional degree.

1. Lawyers who participate as tutors in the external practices provided for in the Act No. 34/2006 of 30 October 2006and its implementing rules shall meet the following requirements:

(a) The guardian responsible for each team of tutoring external practices shall have been engaged in the profession for at least five years.

(b) The other professionals in the legal profession must have been in the profession for at least three years.

(c) A lawyer who has been disciplined may not be responsible for or participate in a mentoring team until he has complied with it.

2. The following are the duties of the legal guardians:

(a) Respect the training plan of the entity responsible for external practices and comply with its regulatory regulations.

(b) To coordinate with the guardian of the tutoring team on its tutorial activity in the development of external practices and to provide it with the information required by the latter.

(c) To maintain due respect and consideration for pupils.

(d) Providing support and assistance to students throughout the out-of-school internship period, providing them with the material means necessary for the development of the practice.

(e) Interviewing with students at the intervals established in the regulations governing each period of external traineeship.

(f) To transmit to the student their knowledge, experiences, methods and uses of work, as well as the principles of the Bar, with particular attention to their ethical values.

(g) Not to entrust the student with tasks outside the practice of the Bar.

(h) To maintain the status of a professional lawyer during the performance of his or her role as guardian.

(i) Drafting the explanatory report on the activities carried out, which will be supervised by the guardian of the mentoring team.

(j) To make known to the corresponding Bar Association the behaviours of those students who consider them to be contrary to the ethical and statutory rules of the profession, so that the College may transfer them to the organizing centre for external practices.

3. The following are the rights of legal guardians:

(a) To obtain the recognition, incentives or advantages established by each College.

(b) Obtaining a school certificate attesting to his status as a professional in tutoring.

(c) To work with the College for the development of its mentoring work.

(d) Early and justified completion of the tutoring relationship with students.

Article 64. Continuing training.

1. Lawyers have the right and the duty to pursue continuing training that will enable them to carry out their professional activities properly.

2. The Bar Associations, mainly through the schools of legal practice, will organize training activities for their graduates to update their profession and will issue certificates of attendance and utilization in favour of the assistants. They may also organise such activities jointly with other public or private organizations, in particular universities.

Article 65. Specialized training.

1. Professionals of the Bar have the right to access a professional specialization through the accreditation of specific training that, in the case of training provided by the corporate organization and to be effective throughout the territory of the State, must be approved by the General Council of the Spanish Bar.

2. In cases where the regulations in force require a certain specialization in order to carry out specific activities or to access positions or groups, the specialization regulated in this article will enable the professional of the Bar to do so.

TITLE IX

School organization of the Bar

CHAPTER I

Bar Associations

Section 1.a General provisions

Article 66. Bar schools. Legal regime and purposes.

1. The Bar Associations are Public Law Corporations governed by the Law 2/1974 of 13 February, on professional associations, by the autonomous laws of professional associations, by the provisions of this General Statute and its particular statutes, as well as by the internal rules they adopt and by the agreements adopted by the different corporate bodies in the field of their competence.

2. Each Bar Association shall have exclusive and exclusive competence in the territorial sphere it had when it was enacted. the Spanish Constitution of 1978, whatever the number of judicial parties you now understand. The territorial scope of the Bar Associations created after the Constitution of 1978 shall be determined by its Law on Creation, in accordance with the provisions of the state and autonomous laws of application in each case.

3. The modification of judicial demarcations shall not affect the territorial scope of the Bar Associations, which shall have competence over new ones which may be created in their territory.

Article 67. Purposes.

The following are essential objectives of the Bar Associations, in their respective territorial areas:

(a) The ordination of the practice of the Bar and its exclusive representation.

(b) The defence of the rights and professional interests of the collegiate.

(c) Intervention in the process of access to the profession of professional lawyer.

(d) Continuing and specialized vocational training of its members.

(e) Ethics control and the application of the disciplinary regime to guarantee the rights of citizens and professionals.

(f) Protection of the interests of consumers and users and clients of the services of legal professionals;

(g) Collaboration in the functioning, promotion and improvement of the administration of justice.

(h) The defence of the social and democratic State under the rule of law proclaimed in the Constitution promotion and defence of human rights.

(i) The contribution to the guarantee of the constitutional right of defence and access to justice through the organization and provision of defence ex officio.

Article 68. Functions.

The functions of the Bar Associations, in their territorial sphere:

(a) To represent and defend the Bar before the Administration, Institutions, Courts, entities and individuals, with the right to be a party to all disputes and cases affecting professional rights and interests.

(b) To draw up its own Statutes and amendments thereto, and to draft and adopt its Rules of Procedure.

(c) To cooperate with the judiciary and other public authorities by conducting studies, issuing reports, compiling statistics and other activities related to their purposes, when requested or agreed on their own initiative.

(d) To organize and manage free legal aid services and as many other legal aid and guidance services as possible, especially for the benefit of the most disadvantaged or in need of protection.

(e) To participate in the subjects of the profession in the advisory bodies of the administration, as well as in inter-professional bodies or associations.

(f) To ensure the representation of the Bar in the Social Councils of the Universities, in accordance with the rules governing them.

(g) To participate in the elaboration of university curricula; to establish, maintain and propose to the General Council of the Spanish Bar or, where appropriate, to the Autonomous Councils of Bars, the approval of schools of legal practice and other means to facilitate access to the Bar of new graduates and to organize courses for continuing training and further training and professional specialization. More specifically, they may incorporate into their particular statutes measures related to the performance of the mentoring of legal practitioners that are necessary to ensure the implementation of the practices established in the training courses for professionals in the legal profession, providing measures to support the professionals in the legal profession in order to facilitate the performance of their mission.

(h) Order the professional activity of the collegiate, ensuring professional training, ethics and dignity and due respect for the rights of individuals, as well as exercising disciplinary power in the professional and collegial order.

(i) To organize and promote common activities and services of interest to professional, training, cultural, welfare, foresight and similar collegiate persons, including compulsory insurance of professional civil liability when legally established.

(j) To promote the appropriate use of information and communications technologies by the collegiate bodies in their professional practice and corporate relations.

(k) Take measures to prevent and prosecute professional intrusiveness and prevent unfair competition among the collegiate.

(l) To intervene, at the request of the interested parties, in conciliation, mediation or arbitration in matters arising for professional reasons between the members of the college or between them and their clients. In particular, it is up to them to resolve any discrepancies that may arise in relation to the performance of the members of the college and the collection of their fees, by way of an award to which the parties concerned expressly submit themselves.

(m) To perform arbitration functions in matters submitted to them, as well as to promote or participate in arbitration or mediation institutions.

(n) To respond to requests for information on their members and on the firm penalties imposed on them, as well as requests for inspection or investigation made to them by any competent authority of a Member State of the European Union as provided for in the Law 17/2009 of 23 November 2009on free access to and exercise of services activities, in particular as regards the fact that requests for information and for the conduct of checks, inspections and investigations are duly substantiated and that the information obtained is used solely for the purpose for which it was requested.

(ñ) To report in judicial or administrative proceedings where professional fees are discussed, as provided for in applicable law.

(o) How many functions are in the interest of protecting the interests of consumers and users of the services of their members and of any other members established in this Statute or provided for by state or regional legislation.

Article 69. Collaboration with other public administrations.

The Bar Associations shall cooperate loyally with the Spanish public administrations and the competent authorities of other Member States of the European Union within the framework of their competences.

Article 70. Adoption and amendment of its particular Statutes.

1. The individual Statutes of each College and their amendments shall be drawn up and approved in the manner provided for by the autonomous legislation and by the individual Statutes themselves, subject to the principles of autonomy, democracy and transparency.

2. The Statutes or their amendments, once approved, will be forwarded to the General Council of the Spanish Lawyers for approval in accordance with the provisions of the Article 6.4 of Law 2/1974 of 13 February, on professional associations, without prejudice to any further processing provided for in the legislation of the Autonomous Community concerned.

Article 71. Website and single window.

1. The Bar Associations will have a website so that, through the one-stop shop provided for in the Law 17/2009 of 23 November 2009, regulating the free access to and exercise of service activities, legal professionals and professional societies may carry out all the necessary formalities for their collegialization, exercise and discharge in the College by electronic means and distance, also providing the necessary information in this regard. They may also, through the one-stop shop, convene the members of the general assembly and inform them of the activity of the college, without prejudice to the fact that they may use, additionally or exclusively, other means.

2. Specifically, through one-stop shop, professionals will be free of charge:

(a) To obtain all information and forms necessary for the access and exercise of the Bar.

(b) Submit all documentation and requests, including the request for collegiality.

(c) To be aware of the status of proceedings in which they have the status of interested parties, and to receive notification of the required procedural acts and decisions of the proceedings.

3. In addition, in order to make effective the better defence of the rights of consumers and users, the Colleges will offer the following information through the one-stop shop, clearly, unequivocally and free of charge:

(a) Access to the register of collegiate persons, which must be constantly updated and which shall include the names and surnames of the professionals of the Bar, the number of collegiate persons, official titles of those in possession, the professional domicile and status of professional qualification and the social name of professional societies.

(b) The means of complaint and, where appropriate, the remedies that may be brought in the event of a conflict between the consumer or user and a collegiate person or between the collegiate person and the respective college.

(c) Data on consumer and user associations or organisations to which professional service recipients may seek assistance. This information may be provided via a link to the relevant public administration website.

(d) Access to the register of professional companies, which shall have the content described in the Article 8 of Law 2/2007 of 15 March 2007.

(e) The content of codes of ethics.

Article 72. Technological means.

The Bar Associations shall take all necessary measures for the fulfilment of the duties imposed by this Statute and by the rest of the legal system and, in particular, shall incorporate for this purpose the necessary technologies to ensure interoperability between the different systems.

Article 73. Service of care to the collegiate and the consumers and users.

1. The Bar Associations shall address complaints or complaints filed by the Bar Associations.

2. The Colleges shall have a service for the care of consumers or users and the clients of the services of the Bar, which shall process and resolve all complaints and complaints relating to the activity of the college or of the collegiate persons that are submitted by any client who contracts the professional services of the professionals of the Bar that act in their territorial scope, as well as by associations and organizations of consumers and users in their representation or in defense of their interests.

3. The procedure for resolving complaints and complaints must be regulated by the Colleges, expressly providing that complaints and complaints can be submitted electronically and remotely through the one-stop shop.

4. The Colleges, through the Consumer or User Care Service, shall resolve complaints or complaints, as appropriate, in any of the following ways:

(a) Reporting on the out-of-court dispute resolution system, if any and applicable.

(b) Agreeing to refer the file to the collegial bodies competent to initiate the sanction procedure.

(c) Filing the file.

(d) Taking any other appropriate decision.

Article 74. Corporate Governance and Annual Report.

1. The Bar Associations are subject to the principle of transparency and accountability in their management.

2. The Colleges shall draw up an Annual Report containing at least the following information:

(a) Annual economic management report, including sufficiently disaggregated staff costs and specifying remuneration of all types, daily subsistence allowance and reimbursement of expenses incurred by all members of the Governing Board on the basis of their office.

(b) Amount of the fees applicable to the concepts and services of all kinds provided by the College, as well as the rules for their calculation and application.

(c) Aggregate and statistical information concerning the information and sanction procedures under investigation or which have achieved firmness, indicating the infringement to which they relate, their processing and the sanction imposed, where appropriate, with full respect for the legislation on the protection of personal data.

(d) Aggregate and statistical information on complaints and complaints submitted by consumers or users, their processing and, where appropriate, the grounds for estimating or rejecting the complaint or complaint, with full respect for personal data protection legislation.

(e) Changes in the content of its codes of ethics and the way of access to their full content.

(f) Rules on incompatibilities and conflict of interest situations in which members of the Governing Boards are present.

3. The Annual Report should be made public through the website in the first half of the following year.

Article 75. Social action by the Bar Associations.

1. The Bar Associations will take particular account of their responsibility towards the society in which they are integrated. They will therefore be able to promote, organize and implement social action programmes for the benefit of the most disadvantaged sectors, the democratic values of coexistence or the fight against corruption, as well as the promotion and dissemination of fundamental rights.

2. Without prejudice to the powers of the Colleges arising from the legislation on legal aid in the field of legal guidance services, the Colleges may organise and provide services free of charge, with or without public or private external funding, dedicated to advising or, where appropriate, defending those who do not have access to other free counselling or defence services and who are in situations of need, disadvantage or risk of social exclusion.

Article 76. Quality of services policies. Quality cards.

1. The Bar Associations will promote a high level of quality of the services provided by their members and their constant improvement.

2. Colleges may make available to their collegials models or service quality charters. They may also make it easier for their members to submit the services they provide for evaluation or certification by independent bodies.

Section 2a Organs

Article 77. Governing bodies.

1. The governing bodies of the Colleges shall be presided over by the principles of democracy, autonomy and transparency. Efforts should also be made to incorporate measures to promote effective equality between men and women in the provision of collegial bodies.

2. According to state and regional legislation, each Bar Association shall be governed by the General Assembly or Board of Directors, the Governing Board and the Dean.

The special statutes of the Colleges may also provide for the existence of other bodies.

Article 78. Terms of reference of the Governing Board and the Dean.

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

2. In any case, the Dean shall be responsible for the legal representation of the College in all its relations and for the chairmanship of all the collegial bodies.

3. The functions of the Governing Board, unless assigned to another body by law or by the Statutes of the College concerned, are as follows:

(a) To decide on the admission of those applying for membership of the College; this power may be exercised by the Dean in cases of urgency, and should be ratified by the Government Board.

(b) Convene ordinary and extraordinary general meetings, indicating the agenda for each meeting.

(c) To convene elections to fill the posts of Dean and the Governing Board, making arrangements for their election, in accordance with legal and statutory regulations.

(d) Exercising appropriate actions and actions to prevent and prosecute intrusism, as well as the exercise of the profession by those who, whether or not they are members of the college, exercise it in a manner and under conditions contrary to those established by law.

(e) Regulate in the legally established terms the operation and designations for the provision of free legal aid services and ex officio shifts.

(f) To determine the incorporation fees, which may not in any case exceed the costs associated with the registration process, the ordinary fees and the fees to be paid by the collegiate members for the maintenance of the collegial charges and services.

(g) To propose to the General Board the imposition of extraordinary quotas on its members.

(h) To draw up the budgets, account for the annual accounts and administer the school funds, as well as to collect and distribute the funds of the College, the quotas established for the support of the burdens of the College, the General Council of the Spanish Bar and, where appropriate, the Autonomous Council.

(i) Approve or propose to the General Board the establishment of criteria for professional fees for the purpose of costing and swearing in accounts and issue expert reports thereon where appropriate.

(j) To exercise disciplinary authority.

(k) To propose internal regulations for approval by the General Board.

(l) To exercise the rights and actions of the College against those who obstruct the proper functioning of the Administration of Justice or the freedom and independence of the professional exercise.

(m) Issue consultations and opinions, administer arbitrations and make arbitral awards.

(n) To adopt agreements for the recruitment of employees necessary for the good functioning of the corporation.

(ñ) How many others are laid down in this General Statute or are established in the individuals of each College.

Article 79. Election of the Dean and other members of the Governing Board.

1. In the absence of regional regulations and specific provisions in the individual bylaws of each Bar Association, the Dean and the other members of the Governing Board shall be elected by direct and secret ballot. All members who joined more than three months before the date on which the elections were called may vote. Practising members who reside within the Association’s territorial jurisdiction may stand for election as Dean or Governing Board members, provided that they are not in any of the following situations:

(a) To have been convicted by a final judgement leading to disqualification or suspension from public office or the exercise of the profession, as long as they continue.

(b) To have been disciplined by a final administrative decision, pending their rehabilitation.

(c) Be members of the governing bodies of another Professional College.

(d) Not being aware of the payment of corporate contributions.

2. The term of office of the members of the Governing Board and the conditions for their possible re-election shall be laid down in the Statutes of each College.

3. No collegiate person may stand as a candidate for more than one position on the Governing Board. Members of the Governing Board who, before the end of their term of office, wish to stand for any of the posts to which they are elected, shall resign in advance from their office.

4. In the elections, the votes of the exercisers will have double value than those of the other members, with candidates obtaining the majority being elected for each position. In the event of a tie, the one who has obtained the most votes from among the exercisers shall be deemed to be elected; if the latter persists, the one who has the longest working time in the College itself; and if the tie is still maintained, the one who is the oldest.

5. The electoral procedure shall be established by the individual Statutes of each College, which may authorize and regulate electronic and mail voting with guarantees of its authenticity and secrecy; and, in any event, establish the electoral remedies regime.

6. The representatives of each candidate may request within two days of its proclamation, a copy of the electoral roll, in a form suitable for its computer processing, which may be used exclusively for electoral purposes and during the campaign period with respect to the rules for the protection of personal data.

7. The candidates elected shall take office in accordance with the Statutes of each College, on oath or promise to perform their duties faithfully, with due respect to the the Constitution and to the rest of the legal system and to keep the deliberations of the Governing Board secret. Within five days of the constitution of the governing bodies, it shall communicate to the General Council of the Spanish Bar and to the corresponding Autonomous Council, indicating its composition and compliance with the legal requirements.

8. In the absence of autonomous regulations and in the absence of specific provision in the particular statutes of each College, when for any reason all the posts of the Governing Board of a College become vacant, the Autonomous Council or, where appropriate, the General Council of the Spanish Bar will appoint a Provisional Board from among its oldest members. The Provisional Board shall convene within thirty calendar days elections for the provision of vacant posts for the remainder of the remaining term. Elections shall be held within the following 30 calendar days from the date of the convocation.

Article 80. Termination.

In the absence of any other specific regulation, the members of the Governing Board of the Bar Associations shall cease for the following reasons:

(a) Death.

(b) Resignation.

(c) Unknown initial absence or loss of statutory requirements and capacity to hold office.

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

(e) Absence of unjustified attendance at three consecutive sessions of the Governing Board or five alternate sessions within one year, with the agreement of the Board itself.

(f) Approval of a motion of censure, as regulated by this Statute and by the Statutes of the College.

Article 81. Vote of censure for the Dean and other members of the Governing Board.

1. Unless the particular statutes of the College provide for another provision, the vote of censure to the Governing Board or to any of its members shall always be the responsibility of the Extraordinary General Meeting convened for that purpose.

2. The request for the convening of an extraordinary General Meeting shall require the signature of a minimum of 20 per 100 of the members of the working class, incorporated at least three months in advance and shall state clearly the reasons for the request. However, in the colleges with more than five thousand professionals in the legal profession in exercise will suffice 15 per 100 and in those of more than ten thousand, 10 per 100.

3. The extraordinary General Meeting shall be held within thirty working days of the submission of the application and shall not deal with any matters other than those expressed in the call for proposals.

4. A valid constitution of such an extraordinary General Meeting shall require, at first call, the personal attendance of half plus one of the college census with the right to vote and, at second call, one third of the college census with the right to vote. The vote shall necessarily be expressed in a personal, direct and secret manner.

Article 82. General meetings.

1. The Bar Associations shall hold the ordinary General Boards which have statutory provisions, as well as any extraordinary General Boards duly convened at the initiative of the Dean, the Government Board or the number or percentage of collegiate bodies established for that purpose.

2. The individual statutes of each College shall lay down the rules for the convening and holding of General Meetings.

3. If nothing else is provided, all members of the board incorporated prior to the date of the General Meeting may attend the general meetings held by voice and vote.

4. The vote of the exercisers shall be counted with double value as that of the other members of the college, unless the particular Statutes match them.

5. If nothing else is established, the agreements of the General Assemblies shall be adopted by a simple majority and, once adopted, shall be binding on all the members of the Boards, without prejudice to the system of resources.

Article 83. Groups and sections within the College.

1. It is for the Governing Board to approve the establishment, suspension or dissolution of professional associations of the Bar that may be constituted within the College, as well as its statutes.

2. The associations of legal professionals established in each College shall be subordinated to the Governing Board.

3. The proceedings and communications of the groups shall be identified as from such source, without being attributed to the Corporation.

4. Groups of professionals in the Young Lawyers ' Office will receive special attention by the Government Boards.

5. The Governing Board may, on its own initiative or at the request of the number of collegiate persons to be determined by statute, create as many sections as it deems appropriate in order to enable contact between professionals of the Bar with a focus on specific subjects and the reciprocal exchange of technical-legal information on the specialty in question.

Section 3.a Economic regime

Article 84. Economic and budgetary arrangements for the Bar Associations.

1. The financial year of the Bar Associations shall coincide with the calendar year, unless the Statute of the Bar provides otherwise. Its operation shall be in accordance with the annual budget regime and its accounting shall be in accordance with generally accepted accounting principles.

2. All members of the College may examine the College's accounts for the fifteen working days preceding the date of the General Meeting or body to approve them.

Article 85. Economic resources of the Bar Associations.

They constitute economic resources of the Bar Associations:

(a) The income of any kind resulting from the activities carried out by the College and the property or rights which comprise its assets.

(b) Incorporation quotas.

(c) The applicable rights for issuing certifications.

(d) The fees for the issuance of opinions, resolutions, reports or consultations on any matter, including fees, to which the Article 5 (o) of Law 2/1974 of 13 February, on professional associations, as well as on the provision of other collegial services.

(e) The amount of regular, fixed or variable contributions, as well as extraordinary contributions.

(f) Grants or donations granted to the College by public authorities or by natural or legal persons governed by private law.

(g) Property and rights of any kind that by inheritance, legacy or other title become part of its property.

(h) Financial fines paid under a final disciplinary order, which shall preferably be used for assistance purposes.

(i) Any other legal proceeding.

Section 4.a Rights and obligations of the members of the college

Article 86. Rights of the collegiate.

The following are the rights of the collegiate members, as provided for in the individual statutes of each College:

(a) To participate in corporate management and exercise the rights of petition, vote and access to management positions.

(b) To seek from the College the protection of its dignity, independence and lawful freedom of performance, as well as its right to reconcile family and professional life.

(c) To be informed of the agreements adopted by the collegial bodies affecting them. In any event, the College's individual Statutes, the rules adopted by its organs and agreements of general interest must be duly updated on the College's website and on the collegial units available to the applicant.

(d) Other rights conferred upon them by the particular Statutes of each College.

Article 87. Obligations of the collegiate.

The following are the duties of the members of the college:

(a) Comply with statutory and ethical standards, as well as agreements adopted by corporate bodies.

(b) To be aware of the payment of ordinary and extraordinary school fees.

(c) Be aware of the payment of social security contributions, irrespective of the scheme to which it is attached.

(d) To denounce to the College any act of intrusion or unlawful exercise that comes to its knowledge, either because of lack of collegiality, because of suspension or disqualification of the accused, or because of cases of incompatibility or prohibition.

(e) To inform the College of his domicile, that of his principal professional office and any changes thereto.

(f) To maintain an open professional office, in its own right, outside the territory of the College to which it is incorporated as an exerciser, in accordance with article 7.1.

CHAPTER II

Autonomous Councils of Bar Associations

Article 88. Autonomous Councils of Bar Associations.

The constitution, organization, competence and functioning of the Autonomous Councils of Bar Associations shall be governed by the regional legislation.

CHAPTER III

General Council of Spanish Lawyers

Section 1.a Organs and functions

Article 89. Definition, domicile and governing bodies.

1. The General Council of the Spanish Bar is the Public Law Corporation which, with its own legal personality and full capacity to act, represents, coordinates and defends the interests of the Spanish Bar before the State Administration, the other powers and organs of the State and international and supranational institutions, including similar entities of other States.

2. The General Council of the Spanish Bar is composed of all the Bar Associations of Spain.

3. Your domicile will be in Madrid, without prejudice to the fact that you can hold meetings anywhere else in Spain.

4. The governing bodies of the General Council are the Plenary, the Standing Committee and the President. The collegial bodies shall be chaired by the President and shall be the Secretary-General of the General Council.

The convocation, constitution and functioning of the collegial bodies shall be governed by this Statute and by the Rules of Procedure of the General Council.

Article 90. Functions.

1. The functions of the General Council of the Spanish Bar are:

(a) Assigned by Article 5 of Law 2/1974 of 13 February, on Professional Colleges, to the Bar Associations, as soon as they have a higher scope or impact than that of an Autonomous Community.

(b) To represent the Spanish Bar and to be a spokesperson for all the Bar Associations in all kinds of fields, national, supranational and international, including that of similar entities in other States.

c) Order the professional practice of the Bar in Spain and communicate their agreements to the Bar Associations and Autonomous Councils.

(d) To draw up its own statutes and amendments thereto, and to draft and approve its internal rules; to resolve any doubts that may arise in the application of statutory and regulatory rules.

(e) To contribute to the training of professionals in the legal profession and to approve the schools of legal practice set up by the Bars when they are to organize and deliver the courses required by the Act No. 34/2006 of 30 October 2006.

(f) To take part in the procedures initiated by the competent ministries for the convening of the Commissions for the Evaluation of the Professional Competence of Persons Seeking to obtain the professional qualification of the Bar; and to appoint the members of the relevant Commissions, in accordance with the provisions of Act No. 34/2006 of 30 October 2006and its rules of development.

(g) To participate in the determination of the specific content of each evaluation for the access to the profession of the lawyer and his or her specialities, where appropriate.

(h) To inform, as a matter of necessity, any draft law or provision of a general nature, or any modification of the existing regulations, whatever their rank, affecting the practice of the Bar or the Bar Associations.

(i) To convene the Congress of the Spanish Bar, as well as other national and international congresses of professionals of the Bar.

(j) To create, regulate and award distinctions in order to reward the merits acquired in the service of the Bar or in the exercise thereof, and to revoke them for reasons of indignity.

(k) To train and keep up-to-date the census of the professionals of the Spanish Bar and to keep the file and register of sanctions. The General Council shall establish, in collaboration with all Autonomous Colleges and Councils, a system to enable citizens to know the existence of disciplinary sanctions that are being implemented and, where appropriate, the uncanny penalties that affect each professional in the Bar, with full respect for the provisions of the data protection regulations.

(l) Designate or propose representatives of the Bar for participation in the constitutional bodies, councils and advisory bodies of the Administration at the State and international levels.

(m) To exercise disciplinary powers in respect of members of the General Council itself and, in cases where it is provided for in the applicable legislation, to members of the Boards of Government of Bar Associations and members of the Autonomous Councils, for offences committed in that capacity, and to hear administrative proceedings against decisions of the Autonomous Councils and the Colleges in disciplinary matters, where this is provided for in the relevant regulations, without prejudice to the provisions of article 116.

(n) To issue reports requested by the constitutional bodies, public administrations, associations of the legal profession and official corporations on matters relating to their purposes or which they agree to formulate on their own initiative; and to propose any legislative reforms they deem appropriate and to intervene in all matters affecting the Spanish legal profession.

(ñ) To establish the necessary coordination with the Autonomous Councils of Bar Associations, as well as with the various Bar Associations and, where appropriate, to settle any conflicts that may arise between them.

(o) To promote and organize State institutions and services for professionals in the legal profession.

(p) To promote arbitration and mediation as alternative methods of conflict resolution.

(q) To defend the rights and interests of the Bar Associations, as well as those of their members, when required by the respective College or determined by law and to protect the lawful freedom of action of the Bar Association professionals, and to that end to promote actions and remedies before the competent authorities and jurisdictions, including the Supreme Court, the Constitutional Court, the European and International Courts, without prejudice to the standing of each of the different Bar Associations and the professionals of the Bar Association personally.

(r) To prevent and prosecute by all legal means intrusiveness in the professional exercise, without prejudice to the competence of each College.

(s) Prevent and prosecute illegal or unfair competition and ensure the full effectiveness of the provisions regulating incompatibilities in the practice of law.

(t) To promote the definition of the criteria for technological interoperability between the different Bars and their relations with the Public Administrations, and to participate actively in their elaboration.

(u) Approve its budget and the settlement account, which determines the fair contribution of the Colleges and their regime.

(v) Administer and dispose of its assets.

(w) To establish, upon the order of the competent Minister, a centralized body for the prevention of money-laundering and the financing of terrorism, in accordance with the terms and functions set out in the regulations in force.

(x) How many other provisions apply to it and all those which are the result of or are related to the provisions in force.

2. The General Council of the Spanish Bar shall also be responsible for the elaboration and execution of projects and programmes of action of all kinds aimed at promoting and guaranteeing equal opportunities for the associations and professionals of the Bar throughout the national territory and, consequently, the equal rights of their clients; or arising from the requirements of unity of action of the Spanish Bar and that of all professionals at the state level.

3. The functions provided for in this Statute shall be exercised by the General Council of the Spanish Bar when they are not legally assigned to the Autonomous Councils or to the Colleges.

Article 91. Website and single window.

1. The General Council of the Spanish Lawyers will have a website so that, through the one-stop shop provided in the Law 17/2009 of 23 November 2009the Bar Associations and professionals of the Bar can carry out all the necessary steps by electronic means and at a distance, also providing the necessary information in this regard.

2. In order to better defend the rights of consumers and users, you will offer the following information either directly or through the precise links to the websites of the Bar Associations:

(a) Access to the registers of collegiate persons.

(b) The means of complaint and, where appropriate, the remedies that may be brought in the event of a conflict between the consumer or user and a collegiate person or between the collegiate person and the college concerned.

(c) Data on consumer and user associations or organisations to which professional service recipients may seek assistance. This information may be provided via a link to the relevant public administration website.

(d) Access to the register of professional companies, which shall have the content described in the Article 8 of Law 2/2007 of 15 March 2007.

(e) The content of codes of ethics.

Article 92. Technological means.

The General Council of the Spanish Bar will adopt all necessary measures for the fulfilment of the duties imposed in this Statute and in the rest of the legal order and, in particular, will incorporate for this purpose the precise technologies that guarantee the interoperability between the different systems.

Article 93. Service of care to citizens.

1. The General Council of the Spanish Bar will have a Service of care for citizens, which will process and, where appropriate, resolve all complaints and complaints related to the activity of the Council or of the professionals of the Bar are presented by any client who contracts the professional services of these, as well as by associations and organizations of consumers and users in their representation or in defense of their interests.

2. Complaints and complaints may be submitted to the General Council itself or electronically and remotely through the one-stop shop. Upon receipt and prior to receipt of the relevant reports, it shall, within the scope of its competence, resolve any of the following:

(a) Reporting on the out-of-court dispute resolution system, if any and applicable.

(b) Agreeing to refer the file to the competent College to hear the complaint or complaint.

(c) Filing the file.

(d) Taking any other appropriate decision.

Article 94. Corporate Governance and Annual Report.

1. The General Council of the Spanish Bar is subject to the principles of transparency and accountability in its management.

2. The General Council shall draw up an Annual Report containing at least the following information:

(a) Annual economic management report, including sufficiently disaggregated staff costs and specifying remunerations of all kinds received on the basis of General Council positions.

(b) Amount of quotas applicable to concepts and services of all kinds provided by the General Council, as well as the rules for their calculation and application.

(c) Aggregate and statistical information concerning the information and sanction procedures under investigation or which have achieved firmness, indicating the infringement to which they relate, their processing and the sanction imposed, where appropriate, with full respect for the legislation on the protection of personal data.

(d) Aggregate and statistical information on complaints and complaints submitted by consumers or users, their processing and, where appropriate, the grounds for estimating or rejecting the complaint or complaint, with full respect for personal data protection legislation.

(e) Changes in the content of its codes of ethics and the way of access to their full content.

(f) Rules on incompatibilities and conflict of interest situations in which members of the Governing Boards are present.

3. The General Council shall publish, together with its own report and include as an annex, the statistical information required for the annual report of each College, in aggregate form for all of them. The Colleges shall submit their report to the General Council in the first four months of each year.

4. The Annual Report shall be made public through the website in the first half of each year.

Article 95. Social action.

1. The General Council of the Spanish Bar will maintain its own policy of corporate social responsibility, which will take special care of the defense of human rights, the support of professionals of the Bar who are persecuted in any country or who cannot exercise their profession freely, the promotion of the rights of the most disadvantaged social sectors, the safeguarding of the right to defence, the protection of the environment and the fight against corruption.

2. The General Council may act on its own or through such legal instruments as may be appropriate, in particular of a foundational nature.

3. The General Council will collaborate and support social action programmes organized and implemented by the Bar Associations.

Article 96. Quality of services policy.

1. The General Council of the Spanish Bar will promote a high level of quality of services provided by professionals of the Spanish Bar, as well as its constant improvement.

2. The General Council shall take part in the elaboration within the European Union of codes of conduct designed to facilitate the freedom to provide services or the establishment of a lawyer from another Member State, with full respect for the rules on competition.

Article 97. Reconciliation of family and professional life.

The General Council of the Spanish Bar will promote the adoption by the competent organs and administrations of all actions necessary to make effective the reconciliation of the family and professional life of all professionals of the Bar. It may also propose to the competent bodies the necessary regulatory amendments to ensure the full realization of the rights recognized in the organic legislation on the effective equality of women and men.

Article 98. Economic resources of the General Council of the Spanish Bar.

In order to meet the expenses incurred in the fulfilment of the above-mentioned purposes, the General Council of the Spanish Bar will have the following income:

(a) The contributions to this end shall be set out in the budgets, which shall be paid by all the Bar Associations in accordance with the number of resident, exerciser and non-exercising members of the Bar.

(b) Re-incorporation fees to be paid by natural persons, whether as exercisers or as non-exercise persons, and entities seeking to be registered in professional companies.

(c) the amount of certifications issued.

(d) Any other resources available to him from his activities.

(e) Any official grants, donations and legacies that may be received.

(f) Any extraordinary contribution that the plenary of the General Council itself may agree on in exceptional circumstances.

Section 2nd Plenary Session of the General Council

Article 99. Composition of the plenary session. Mandate.

1. The plenary session of the General Council of the Spanish Bar is composed of the following members:

(a) The President of the General Council of the Spanish Bar, who will be elected from among professionals of the Bar of any College of the Bar of Spain.

(b) The Deans of the Bar Associations of Spain.

(c) The Presidents of Autonomous Councils of Bar Associations in which the status of Dean does not apply.

(d) The President of the General Mutual Service of the Bar, Mutual Social Security for a fixed premium, provided that he is a legal practitioner.

(e) Twelve Councillors elected by the plenary session of the Council from among professionals of the Bar of recognized prestige with more than fifteen years of professional practice.

2. The term of office of the members of the plenary session of the General Council shall coincide with that of the members of the plenary session of the General Council, with the exception of the four-year term of office of the President and the twelve elected members of the Council.

3. The violation by the members of the plenary of the duties of confidentiality, secrecy and due respect for the other members of the body shall lead to the opening of a procedure in which, with due guarantees, it shall be assessed whether the Counsellor has failed to perform his duties on the basis of that office. If such non-compliance by the Plenary of the General Council of the Spanish Bar may be assessed, any of the sanctions provided for in article 127, except for suspension or expulsion, may be imposed on the Counsellor in question.

Article 100. Election of its members.

1. The election process of the President of the General Council and of the twelve elected members shall be convened by the President, or person to replace him, at least 30 calendar days before the date of the holding of the relevant plenary session, by means of reliable communication to all the Bar Associations and the Autonomous Councils of Colleges to give it the widest possible publicity and dissemination, in any case by presenting it on their bulletin boards and on their websites.

The General Council will also present it on its website and on those other websites that it manages.

2. Nominations shall be submitted to the General Secretariat of the General Council at least 15 calendar days before the date of the plenary session. The Standing Committee shall, within the following five calendar days, issue nominations that meet the requirements.

3. The vote for the election of the members of the assembly shall be secret, all the members of the assembly may vote, and the most votes shall be elected, and in the event of a tie, the most senior member of the college may be elected as an exerciser.

4. In the election of President, which will also be secret, only the Deans of Bar Associations shall have the right to vote.

In the first and second ballots, those who obtain an absolute majority of the electors shall be elected. If no candidate achieves this, a third ballot shall be held in which only the two most voted candidates may participate in the second ballot, with the one obtaining the largest number of votes being elected and the one with the highest school age as an exerciser in the case of a tie.

5. Proclaimed the result of the vote, those elected will take office before the plenary.

Article 101. Competences of the plenary session.

1. All functions that are legally or statutoryly assigned to the General Council of the Spanish Bar are assigned to the plenary session.

2. In matters of property, the plenary has the power to agree on all kinds of disposition and taxation. It may delegate to the President its powers in this field.

3. The plenary also has the power to agree on the formation of associations, foundations and all types of civil and commercial companies; the conclusion of contracts of any kind and the carrying out of any legal actions necessary to ensure the proper functioning of the General Council and the defence of its legitimate rights and interests.

It may also delegate to the President its powers in this field.

4. The plenary shall determine the ordinary committees in which they are to be organised, their rules of procedure and their functions and the secondment of members to each of them, being coordinated by the General Secretariat, which shall convene as many meetings as necessary. It may also set up such special committees and papers as it deems appropriate. The Commissions shall carry out the functions delegated to them by the plenary and may, in their own sphere, in urgent cases, adopt agreements for immediate implementation, without prejudice to the subsequent report to the plenary.

However, in order to speed up the processing and resolution of disciplinary appeals before the General Council and to comply with the time limits set for that purpose, the Commission which is to consider appeals shall always have full power to resolve them and to inform the plenary, without prejudice to the possibility of submitting to the plenary the decision of such appeals as it deems appropriate.

For the same purpose, the full power to resolve appeals in another matter is delegated to the Standing Committee, without prejudice to information after the plenary session and that it may make the decision of such appeals to the Committee as it deems appropriate.

Article 102. Functioning of the plenary session.

The plenary session of the General Council shall meet at least once a quarter after the President has convened.

It may also meet whenever the President so agrees, on his own initiative or at the request of the Standing Committee or of 20 per cent of the members of the plenary.

Article 103. Adoption of agreements.

1. The Council's agreements shall be adopted by a strengthened majority, which shall require the existence of a greater number of favourable votes of the members present or represented by delegation of their vote to another member of the Council, with a vote directly of the President in the event of a tie, provided that they also conform to a majority of exercising members, and that the members of the college resident in the demarcation of their College shall be counted for this purpose in the vote of each Dean on 31 December of the previous year.

2. Notwithstanding the foregoing, agreements relating to matters not covered by paragraph 3 of this Article may be approved by a simple majority of the members present or represented by the delegation of their vote to another member of the Council, with a vote directly by the President in the event of a tie, unless any Dean Counsellor requests, prior to the beginning of the vote, that the enhanced majority regime regulated in the preceding subparagraph be applied.

3. The cases to which the enhanced majority regime will necessarily apply shall be the following:

(a) Initial approval of the General Statute of the Spanish Bar and of its amendments to be submitted to final approval by the Government.

(b) Adoption of the Rules of Procedure of the General Council and of any other regulations.

(c) The organization of the professional activity of lawyers, their professional activity, access to the profession, ethics and advertising.

(d) Approval of the annual budget, balance sheet, accounts and report, as well as any extraordinary contribution to be made in exceptional circumstances. In the event that the annual budget of the General Council is not approved, the previous budget shall be deemed to have been extended with the change in the consumer price index until a new budget is adopted.

(e) Establishment of associations, foundations and all types of civil and commercial societies.

(f) Projects, proposals or agreements from which extrabudgetary economic impacts may arise for Bar Associations.

Section 3 The President

Article 104. Functions.

1. The President of the General Council of the Spanish Bar shall have the following functions:

(a) Attending the representation of the General Council and, consequently, holding the representation of the Spanish Bar and being a spokesman for all the Bar Associations of Spain.

(b) To ensure the prestige of the profession of lawyer.

(c) To defend the rights of the Bar Associations and their co-legislators when required by the respective College and to protect the lawful freedom of action of professionals in the Bar and professional societies.

(d) Convening and chairing, by fixing the agenda, the meetings of the plenary and the Standing Committee, as well as of the other ordinary or extraordinary Committees, by deciding on the tie with a quality vote.

(e) To propose the appointment of papers to prepare the resolution or dispatch of a matter.

(f) Authorize with its signature the agreements of the Plenary and the Standing Committee and ensure their proper implementation.

(g) To exercise senior leadership in the activities of the organs of the General Council.

(h) Those delegated to it by the plenary.

(i) How many others do you have in order to do so by the provisions in force and in particular this Statute.

2. The President shall be assisted in the performance of his duties by all the posts and employees of the General Council. It may also set up such permanent or temporary support bodies as it deems appropriate and designate their members.

Appointments may be made freely between persons, whether or not linked to the General Council, within the budgetary framework.

3. The President may delegate or replace his or her functions and those of which he or she has delegated to the plenary, giving account to the plenary, and may grant the necessary powers for the functioning of the General Council.

Article 105. President's resignation.

The President shall cease for the following reasons:

(a) Death.

(b) Resignation.

(c) Unknown initial absence or loss of statutory requirements and capacity to hold office.

(d) Expiration of the term or period for which he was elected, and being eligible for re-election only once.

(e) Approval of the motion of censure under the following article.

Article 106. Motion for censure.

1. The President may be put to a vote of no confidence on his or her behalf.

2. The motion of censure may be promoted at the request of at least one third of the Deans of Bar Associations.

3. The motion of censure shall be debated in a plenary session of the General Council convened exclusively for this purpose on an extraordinary basis. The meeting shall take place within 30 calendar days of receipt of the corresponding request by the General Secretariat of the General Council. The convocation agreement shall be executed ex officio by the Secretary-General. A minimum quorum of the majority of the deans entitled to vote shall be required for the valid constitution of the plenary session and for the vote on the motion.

4. The approval of a motion of censure shall require an absolute majority of the votes of the Deans of Colleges members of the General Council, which in turn shall consist of a majority of the co-legislators who are members of the General Council, according to the Colleges that are participating in the session, and for this purpose the co-legislators who are resident in the demarcation of their College shall be included in the vote of each Dean. It shall immediately cease the President who is censured, and the new President shall be elected in accordance with the general provisions of this Statute.

Section 4th Standing Committee

Article 107. Composition and functions.

1. The Permanent Committee of the General Council of the Spanish Bar will be composed of:

(a) The President, Secretary General and Treasurer of the General Council of the Spanish Bar.

(b) Three senior councillors of Bar Associations with fewer than 500 members of the Bar.

(c) Three Dean Councillors of Bar Associations with between 500 and 3,000 members of the Bar.

(d) Three Dean Councillors of Bar Associations with more than 3,000 co-workers.

The members referred to in points (b), (c) and (d) above shall be appointed and terminated by the President of the Council.

2. The Standing Committee shall perform the following functions, which shall be reported to the plenary session which shall be held thereafter:

(a) Those expressly delegated by the plenary.

(b) The plenary session itself, when urgent reasons require its immediate exercise.

(c) The formulation of the budget and balance sheet, annual accounts and report, for submission to the plenary.

3. The agreements of the Standing Committee shall be adopted by a simple majority of the participants, with the President voting directly in the event of a tie.

4. The Standing Committee may hold non-in-person meetings in the form determined by the Rules of Procedure for Internal Affairs.

Article 108. Designation of Vice-Chairmen, Chairmen of the Committee, Secretary-General, Deputy Secretary-General, Treasurer and Vice-Treasurer.

1. The President shall designate two Vice-Presidents from among the Deans' Counsellors on the Standing Committee, who shall replace him in accordance with his order. It shall also designate from among all the members the Chairpersons and Vice-Chairpersons of the Commission, the Secretary-General, the Deputy Secretary-General, the Treasurer and the Deputy Treasurer. The Deputy Secretary and the Deputy Treasurer are the natural substitutes for the Secretary and Treasurer of the General Council and will attend those meetings of the Standing Committee and the Advisory Committee that are not attended by the substitutes.

2. The term of office referred to in the preceding paragraph shall end if the President of the General Council loses his or her status as Counsellor or when, after the completion of the process for the election of the new President of the General Council, the person elected takes office. Likewise, at any time, the President may remove them from office.

Article 109. Advisory Committee.

1. The Advisory Committee of the General Council of the Spanish Bar shall consist of:

(a) The President, Secretary General and Treasurer of the General Council of the Spanish Bar.

(b) Three senior councillors of Bar Associations with more than 3,000 co-workers.

(c) Three Dean Councillors from the other Bar Associations.

(d) The President of the Spanish Confederation of Young Lawyers, who shall have a voice but not a vote.

2. The Advisory Committee will perform the following functions:

(a) To promote information and dissemination of fundamental rights, especially the right to defence, as well as the profession of professional lawyer and legal institutions.

(b) To propose to the Standing Committee or, where appropriate, to the plenary, statutory or economic policy initiatives.

(c) To issue opinions that should assess the timeliness, feasibility and impact of projects and activities of the General Council. These opinions will be mandatory but not binding for all projects that have an economic cost to the General Council or to the Bar Associations.

(d) How many achievements are aimed at improving the practice of law and the realization of justice.

Article 110. Work Committees.

The Standing Committee may agree on the establishment of working committees and studies on subjects of particular relevance to the Bar, for the preparation of reports on draft regulations or for the harmonization of the criteria of the existing committees in the different Bars. Its constitution may be agreed indefinitely or on a specific matter and shall be coordinated by the General Secretariat, which shall convene as many meetings as necessary.

The work and reports prepared by the various committees must be submitted for approval to the Standing Committee or plenary, as appropriate, when they are to have effects outside the scope of the General Council or to the competent national or international authorities.

Section 5th Congress of the Spanish Bar

Article 111. Calling the meeting.

1. The Congress of the Spanish Bar will be held regularly every four years and will be convened by the General Council.

2. The Congress will adopt conclusions that will have a guiding character for the corporate bodies and bodies of the Bar.

3. In addition, the Congress will be able to carry out all the acts determined by the General Council of the Spanish Lawyers.

Article 112. Rules of procedure of the Congress of the Spanish Bar.

1. The Rules of Procedure of the Congress of the Spanish Bar will be approved by the Plenary of the General Council, after hearing the Autonomous Colleges and Councils for a period of not less than thirty days.

2. The Rules of Procedure of the Congress shall determine its composition and form of celebration. Once approved it will be forwarded to the Autonomous Colleges and Councils together with the call.

TITLE X

Legal status of agreements subject to administrative law and their challenge

Article 113. Executing.

1. The agreements of the General Council of the Spanish Bar and the Bar Associations will immediately be executives, unless the agreement itself establishes otherwise or falls into disciplinary matters.

2. Agreements that must be notified personally to the collegiate, shall be notified to the professional domicile that they have communicated to the College. The notification shall be in accordance with the legislation governing the common administrative procedure of the public administrations, which may be carried out by an employee of the Bar Association. If notification cannot be made in this way, it shall be deemed to have been completed within 15 days of its presentation on the Board of Notices of the College itself, which shall be carried out in the manner provided for in the said Law. The members of the college may also receive, if they so wish, notifications through the one-stop shop, as provided for in Article 71.2(c) of this Statute.

Article 114. Null and voidable acts.

The acts of the corporate bodies in the cases provided for in Law 39/2015 of 1 October 2015the Common Administrative Procedure of the Public Administrations.

Article 115. Resources.

1. The acts of the organs of the General Council of the Spanish Bar, subject to Administrative Law, terminate the administrative procedure and are subject to direct appeal before the judicial, administrative and judicial order. However, the interested parties may, if appropriate, lodge an appeal for a replacement.

2. The acts of the Bar Associations subject to Administrative Law shall be subject to appeal before the adversarial judicial order, prior to the corporate or administrative appeals established by the respective autonomous legislation.

Article 116. Appeals to the General Council of the Spanish Bar.

1. The agreements of the Autonomous Councils of Schools and the Bar Associations will be subject to appeal before the General Council of the Spanish Bar when their own Statutes so provide.

2. In such cases, the appeal shall be submitted to the body which issued the agreement, which shall forward it, with its background and the relevant report, to the General Council within 15 days of the date of submission. The General Council shall, prior to such reports as it deems appropriate, issue and notify an express decision within three months. The appellant may request the suspension of the contested agreement and the Standing Committee of the General Council may agree to it or refuse it on grounds.

The silence shall have the effect of dismissing the claim, except in cases where the provisions of article 24.1 third paragraph of the Convention apply. Law 39/2015 of 1 October 2015.

In the absence of this provision, the provisions of the appeal procedure shall be applied in a supplementary manner. Law 39/2015 of 1 October 2015.

Article 117. Compute deadlines.

The time-limits of this General Statute expressed in days shall be understood to refer to working days, unless expressly provided otherwise.

Article 118. Application of the legislation regulating the common administrative procedure of public administrations.

The legislation regulating the common administrative procedure of public administrations shall apply to acts of corporate bodies in the manner provided for therein.

TITLE XI

Responsibility regime for legal professionals and professional societies

CHAPTER I

Disciplinary liability

Article 119. General principles.

1. Lawyers and professional societies in which they participate or serve are subject to disciplinary responsibility.

2. The disciplinary powers of the judicial authority over legal professionals shall be in accordance with the provisions of the procedural laws. Disciplinary sanctions or corrections imposed by the Tribunals on the legal profession shall be recorded in their personal records.

3. Corporate disciplinary sanctions shall be recorded in the personal file of the collegiate or in particular of the professional society.

Article 120. Disciplinary power.

1. Disciplinary authority over legal professionals and professional societies shall be exercised by the Bar Associations in whose territory the offence was committed, in accordance with the provisions of their respective statutes.

2. The General Council of the Spanish Bar shall exercise its disciplinary power over its members only when they act in such a capacity, as well as over the members of the Governing Boards of the Colleges and Autonomous Councils, unless the autonomous legislation or the statutory rules provide otherwise. The exercise of this power is the responsibility of the Plenary.

3. The disciplinary power of the Autonomous Councils shall be governed by the relevant regional legislation.

Article 121. Principle of typicity.

Disciplinary offences are the conduct described in the second, third, fifth and sixth chapters of this Title. Infringements that may be accompanied by disciplinary sanctions are classified as very serious, serious and minor.

Article 122. Sanctions.

1. The penalties that may be imposed on legal professionals are:

(a) Written warning.

(b) Financial fine.

(c) Suspension of the practice of law.

(d) Expulsion from the College.

2. In the case of professional companies, they may be punished by the withdrawal of the relevant school register, in accordance with this Statute.

3. The penalties that may be imposed on legal professionals who are tutors of external internships in courses or master's degrees in access to the profession are as follows:

(a) Private reprimand.

(b) Oral warning.

(c) Written warning.

(d) Fine.

(e) Loss of recognition, incentives or advantages obtained by the performance of his or her position as guardian.

(f) Disqualification from tutoring in any course or master ' s degree.

Article 123. Principle of proportionality.

The imposition of any penalty shall be appropriate between the gravity of the act constituting the offence and the penalty applied. To this end, the existence of recidivism and repetition shall in any event be considered, taking particular account of the nature and entity of the damage caused to third parties or to the profession.

CHAPTER II

Infringements and penalties for legal professionals

Article 124. Very serious infringements.

These are very serious violations by lawyers:

(a) The conviction in final judgement for intentional offences, in any degree of participation, as a result of the exercise of the profession.

(b) The final judgment of severe sentences under article Article 33.2 of the Criminal Code.

(c) The exercise of the profession in violation of final administrative or judicial decisions prohibiting or prohibiting the exercise of a profession.

(d) The collaboration or cover-up of professional intrusion.

(e) The exercise of the profession is initiated because of incompatibility.

(f) Violation of the duty of professional secrecy where the specific offence is not specifically defined.

(g) The resignation or abandonment of the defence entrusted to him when the client is rendered defenceless.

(h) Unreasonable refusal to carry out any professional interventions established by law, as provided for in article 17 of this General Statute.

(i) The defence of interests that are in conflict with those of the lawyer ' s own professional or those of the office of which he is a member or with which he collaborates.

(j) The improper collection of fees, fees or economic benefits for services derived from the Act 1/1996 of 10 January 1996.

(k) The retention or appropriation of amounts pertaining to the client and received in any form.

(l) The appropriation or retention of documents or files relating to clients of the office in which they were previously integrated, unless expressly authorized by the client.

(m) The violation of the sanctions imposed.

(n) Advertising of professional services in breach of the requirements of article 20.2.c of this General Statute.

Article 125. Serious breaches.

Serious breaches of the profession of lawyers are:

(a) Violation of ethical duties in the following cases:

i. Infringement of confidentiality duties and prohibitions protecting communications between professionals in accordance with the terms set out in article 23 of this General Statute.

ii. Failure to comply with formalized commitments between colleagues, verbally or in writing, in the exercise of their professional functions.

iii. The lack of due respect or the realization of personal allusions of contempt or discredit, in the exercise of the profession, to another professional of the Bar or to his client.

iv. Unreasonable inducement to the customer not to pay the fees earned by a partner in case of replacement or change of professional of the Bar.

v. Retention of a customer's documentation against his express instructions.

I saw. Failure to forward documentation for the lawyer to replace him in the conduct of a case.

vii. The summons of a professional from the Bar as a witness to events related to his performance.

(b) Advertising of professional services in breach of the requirements of article 20 of this General Statute, except as provided for in article 124 (n), in conjunction with article 20 (2) (c).

(c) Failure to comply with the duties of identification and information set out in articles 48 and 49 of the present General Statute.

(d) Failure to comply with the claims obligations set out in article 52 of this General Statute.

(e) Lack of respect for those involved in the administration of justice.

(f) Failure to pay school fees, without prejudice to dismissal from the College for that reason.

(g) The lack of due respect or unjustified non-appearance of summonses made, under the warning of the members of the corporate or governmental bodies of the Bar in the exercise of their functions.

(h) Failure to discharge its functions as members of corporate governance bodies that impede or hinder their proper functioning.

(i) The final criminal conviction for the commission of petty criminal offences as a result of the exercise of the profession.

(j) The defence of interests in conflict with those of other clients of the professional of the Bar or of the office of which he or she is a member or with whom he or she collaborates, in violation of article 51 of this Statute.

(k) The unjustified breach of the assignment contained in the designation made by the Bar Association in respect of free legal aid.

(l) Failure to notify the replacement of the substitute partner in the professional management of a case, as provided for in Article 60 of this General Statute.

(m) The relationship or communication with the opposing party when it is stated to him that he is represented or assisted by another professional of the Bar, except for his express authorization.

(n) The abuse of the circumstance of being the sole professional of the Bar, causing an unjust injury.

(ñ) Unjustified non-appearance to any judicial proceedings, provided that it causes prejudice to the interests entrusted to it for the defence.

(o) The payment, collection, requirement or acceptance of commissions or other compensation by another professional of the Bar or any person, in violation of the legal rules on competence or those regulating professional ethics.

(p) Refusal or unjustified delay to account for the professional commission or to make the corresponding payment of fees and expenses required by the client.

(q) Compensation of fees with client funds that have not been received as a provision, without their consent.

(r) The false attribution of a professional commission.

(s) Intoxication or use of drugs when they affect the exercise of the profession.

(t) The lack of insurance or guarantee contracts where the obligation to have such a guarantee scheme to cover the liability for professional activity is provided for by law.

(u) Other acts or omissions that constitute a serious offence to the dignity of the profession and to the rules governing it, as provided for in this General Statute and other legal regulations.

Article 126. Mild breaches.

These are minor violations of the legal profession:

(a) To be slightly offended in any oral or written private communication to the lawyer of the opposing party, provided that the offence has not been transcended.

(b) Engage in their communications and demonstrations with the lawyer of the opposing party to the client himself with comments or manifestations that may cause him to be discredited.

(c) Repeatedly and unreasonably challenge the fees of other legal professionals.

(d) Failure to give due diligence to visits, written or telephone communications by other legal professionals.

(e) Failure to notify the College in a timely manner of the change of professional domicile or of any other personal circumstances affecting its relationship with the College.

(f) Failure to record in the first document or act its identification, the College to which it was incorporated and the number of collegiate persons.

(g) Failure to give due diligence to matters arising from the Turn of Craft, where non-compliance does not constitute a serious or very serious breach.

Article 127. Penalties for legal professionals.

1. For the commission of very serious offences, on the basis of proportionality criteria, expulsion from the College or suspension of the practice of the Bar for a period of more than one year may be imposed without exceeding two years.

2. For serious offences, the penalty of suspension of the practice of the Bar may be imposed for a period of more than fifteen days without exceeding one year or a financial fine of between EUR 1,001 and 10,000.

3. For the commission of minor offences, the penalty of written warning or suspension of the practice of the Bar may be imposed for a period not exceeding fifteen days, or a financial fine of up to EUR 1,000.

4. The penalties imposed for serious or very serious infringements relating to actions carried out in the provision of the services of the Turn of Office shall in any event entail the exclusion of the professional from the Bar for a period of at least six months and less than one year if the offence is serious and between one and two years if it is very serious.

In the event of minor infringements, the exclusion of the professional from the legal profession from such services may also be imposed for a period not exceeding six months.

A disciplinary case may be filed as a result of a complaint lodged by a user of the free legal aid services, where the seriousness of the complaint so advises, the precautionary separation from the service of the lawyer's professional who is allegedly responsible for a maximum period of six months may be agreed until the disciplinary case is resolved.

CHAPTER III

Infringements and penalties applicable to professional societies

Article 128. General rule.

1. The professional company may be punished in accordance with the provisions of this General Statute.

2. Professional societies may be punished, in accordance with this General Statute, for offences committed by the professionals of the Bar who make up them, when their concurrent responsibility, as participants or cover-ups, is established in the commission of such offences. Such concurrent liability shall be presumed to exist where the offences have been committed on behalf of and for the benefit of the professional company by its administrators or by those who, following their instructions, represent it. In such cases, the offence of the professional company shall be considered to be of the same kind as the offence committed by the professional of the Bar for the purpose of applying the corresponding penalty.

3. Professional societies may also be punished for the conduct of conduct directly attributable to the company which is classified as offences for professionals in the legal profession, and the offences are graduated in accordance with the provisions of the previous chapter.

Article 129. Very serious breaches of professional societies.

It is a very serious offence for professional companies to have no insurance in force or equivalent guarantee covering the liability they may incur in the exercise of their activities where the obligation to have such a guarantee scheme is provided for by law.

Article 130. Serious breaches of professional societies.

It is a serious infringement of professional societies, the failure to submit to the register of the relevant College within the prescribed time limit changes of members and administrators or any modification of the social contract to be registered, as well as the non-payment of the charges provided for by the college.

Article 131. Mild breaches of professional societies.

A delay of not more than one month in the performance of the obligations referred to in the preceding article shall be deemed to be a minor infringement.

Article 132. Penalties for professional societies.

1. By the commission of the very serious infringement as defined in Article 129, the company is dropped in the register of the relevant College.

2. For the commission of serious infringements, on the basis of criteria of proportionality, warning and financial fine of between 1,501 and 15,000 euros.

3. For the commission of minor infringements, according to criteria of proportionality, warning or pecuniary fine of 300 euros up to 1,500 euros.

CHAPTER IV

Penalty procedure

Article 133. Procedure.

1. Disciplinary sanctions may be imposed only in accordance with the procedure instituted for the purpose in which the person concerned is guaranteed the right to be notified of the acts charged against him, to make allegations and to use the means of defence admitted by the legal system as appropriate.

2. The procedure shall be initiated ex officio, by agreement of the competent body, either on its own initiative or as a result of a complaint.

3. Prior to the initiation agreement, the competent body may open a period of prior information in order to determine whether or not to initiate the sanctioning procedure. In the event that they are agreed upon, an instructor shall be appointed from among the members of the Governing Board, the Ethics Commission, members of the Board of Government or more than 10 years of exercise.

4. The procedure shall be carried out in accordance with the basic administrative legislation and rules implementing it, as well as with the provisions of regional and corporate regulations. In the case of minor infringements, a simplified procedure shall be applied. The maximum period within which the express decision must be issued and notified shall be that provided for in the Acts, unless a different one may be established by regulatory regulation.

Article 134. Enforcement of sanctions.

1. Disciplinary sanctions shall be enforceable once they are final in administrative proceedings.

2. The sanctions will have effect in the field of all the Bar Associations of Spain, being competent to execute them by the body that imposes them, which will have to communicate them to the General Council of the Spanish Lawyers' Office so that it can inform all the Associations and Autonomous Councils.

3. Where the sanction has been imposed by a college other than the institution of incorporation, the latter shall cooperate with it in the execution of the penalty. This collaboration may be regulated by agreement between Colleges.

Article 135. Extinction of disciplinary responsibility of legal professionals.

1. The disciplinary responsibility of the collegiate persons is extinguished by the execution of the penalty, death, the statute of limitations for the offence and the statute of limitations for the punishment. Where the penalty imposed is expulsion from the college, it must be in accordance with article 13 of this General Statute on rehabilitation.

2. The dismissal from the College does not extinguish disciplinary responsibility incurred during the discharge period, but the disciplinary procedure will be completed and the appropriate sanction agreed. In the event that the penalty cannot be implemented, it shall be suspended for execution if the person concerned is again discharged from the College.

Article 136. Statute of limitations for infringements.

1. Very serious infringements will be prescribed at three years, serious offences at two years and minor offences at six months.

2. The limitation period for infringements shall begin to run from the day on which the offence was committed. The statute of limitations shall be interrupted if the person concerned is aware of the sanctioning procedure.

In any event, the calculation of the limitation period shall be resumed if the procedure remains paralysed for more than one month for reasons not attributable to the collegiate.

Article 137. Statute of limitations on sanctions.

1. Penalties for very serious offences shall be imposed at three years; for serious offences at two years; and for minor offences at six months.

2. The limitation period for penalties shall begin to run from the day following that on which they may be executed. The statute of limitations shall cease to apply if the person concerned is aware of the execution procedure and the period of time has expired if the person concerned is paralysed for more than one month for reasons not attributable to the offender.

3. The period of limitation for the punishment, when the person in question fails to comply with it, shall begin to run from the date of the breach.

Article 138. Cancellation of the entry of penalties in the personal file of the lawyer's professional.

1. The entry of sanctions in the personal file of the collegiate shall be cancelled when the following periods have elapsed without the collegiate body having incurred any further disciplinary responsibility: six months in the case of penalties of warning, suspension of the practice of the Bar for a period not exceeding fifteen days, or a financial fine of up to 1,000 euros; one year in the case of a suspension of more than fifteen days without exceeding one year or a financial fine of between 1,001 and 10,000 euros; three years in the case of a suspension of more than one year without exceeding two years; and five years in the case of expulsion.

2. These time limits shall be calculated from the day following the execution of the penalty.

3. The cancellation of the entry may be made on its own initiative or at the request of the sentenced persons.

Article 139. Extinction of disciplinary liability of professional societies and cancellation of the inclusion of penalties in their particular file.

1. The disciplinary liability of professional societies, in the event of failure to pay the corresponding school fees, shall be extinguished when all dues have been paid.

2. The penalties shall be recorded in the particular file of the professional company when the following periods have elapsed: six months in case of a financial fine of 300 to 1,500 euros; one year in case of a financial fine of between 1,501 and 15,000 euros.

These time limits shall be calculated from the day following the execution of the penalty.

The cancellation of the entry may be made on its own initiative or at the request of the approved company.

CHAPTER V

Disciplinary regime applicable to non-exercising collegiate persons

Article 140. Rules applicable to non-exercising collegiate persons.

Non-exercising members are subject to the provisions of this Title in all matters applicable to them in relation to their collegial activity.

CHAPTER VI

Disciplinary regime applicable to professionals of the Bar who are tutors of external internships of courses or master's degrees in access to the profession

Article 141. Regime applicable to professionals of the Bar tutors of external internships of courses or masters of access to the profession.

1. Professionals of the Bar are subject to disciplinary liability for non-compliance with the obligations provided for in article 63 of this General Statute, as provided for in this article.

2. The disciplinary authority over the professionals of the legal profession tutors is exercised by the Bar Association on which the external practices of the course or master's degree in access to the profession depend.

3. These are serious violations of the legal guardian's profession:

(a) Failure to comply with the training plan of the entity responsible for external practices or to comply with its regulatory rules.

(b) Failure to comply with the instructions provided by the course or master's course management or the rules governing tutoring.

(c) To entrust the student with tasks outside the legal profession.

(d) Disrespect or consideration of the student.

(e) Not to provide support and assistance to students throughout the period of external traineeships or to provide them with the material means necessary for the development of the traineeships.

(f) Not to devote the necessary time to the student to transmit his/her knowledge, experiences, methods and uses of work, as well as the principles of the Bar, with particular attention to his/her ethical values.

(g) Not to write the explanatory report of the activities carried out, to be supervised by the guardian of the mentoring team.

(h) Failure to maintain the profession of the Bar during the performance of its role as guardian.

(i) Failure to transfer to the organizing centre the external practices of students ' behaviour which they consider to be contrary to the rules of ethics and statutory regulations of the profession.

4. These are minor violations of the legal guardian's profession:

(a) Not to coordinate with the guardian of the tutoring team his tutorial activity in the development of external practices or not to provide him with the information required by him.

(b) Not to meet with students at the intervals established in the regulations governing each period of external traineeship.

(c) Failure to maintain exemplary conduct during the development of its tutorial function.

5. Serious offences shall be punished by disqualification of up to three years from tutoring in any course or master's degree, as well as by loss of recognition, incentive or advantage obtained by the performance of his position as guardian.

Minor offences may be punished by verbal warning or private reprimand, written warning or a fine of up to 500 euros.

6. The penalty shall be graduated in each case on the basis of the seriousness and effects of the offence, the intentionality, duration, habituality or repetition of the conduct.