Απαντήσεις από άλλες ενώσεις της Ευρώπης για το εκεί καθεστώς

[eandith]

Παρατίθενται με την μορφή σχολίων (στα αγγλικά) οι απαντήσεις που έχουμε λάβει από άλλες ενώσεις ασκουμένων και νέων δικηγόρων ανά την Ευρώπη, σχετικά με το καθεστώς της άσκησης όπως ισχύει εκεί. Η συμβολή της ΕΥΒΑ στην προσπάθεια αυτή ήταν καθοριστική.

[eandith]

Ένωση Νέων Δικηγόρων Β. Ιρλανδίας:

In Northern Ireland, lawyers are divided into “Solicitors” and “Barristers”. Our responses are based on the legal training required for Solicitors in Northern Ireland. We have not covered the training requirements for Barristers.

1. Is there an obligatory period of traineeship in order to enter the legal profession? Training Contract for a period of 2 years.

2. Does this period of traineeship belong to the law degree? Does it start after the acquisition of the law degree? After receiving an approved Law Degree, students sit an entrance examination in order to obtain a place at the Institute of Professional Legal Studies (“the IPLS”). In order to take up the place at the IPLS, trainees must secure a training contract with a law firm.

3. How many hours does a trainee lawyer work, how much is he paid and by whom (is he paid by the law firm he works at, is he paid by any other funding programmes)? Is there legal obligation of certain working hours and minimum wage? Trainee Solicitors works in the Office full time September- December (Training Contract begins in September), in study at the IPLS January- June (works in office each Monday), works full time in office July- August, in study September-December (works in office each Monday), in office full time January to August (Training Contract finishes in August of second year). Law Society set an apprentice Solicitor minimum wage (which shall be greater of £250.10 per week or the relevant UK national minimum hourly rate which shall not be less than £6.70 per hour. Trainees will be paid at least one fifth of this amount per week during term time when attending the IPLS. The pay depends on individual firm’s policy as some firms pay more than the wage set by the Law Society.

4. How does taxation and social security work for trainee lawyers? .

Taxation depends on wage per Trainee Solicitor.

5. How long does the traineeship last? Is there a kind of examination at the end of it? Training Contract is for a period of two years. Examinations occur throughout the period of studies for each module/topic taught. An “Exit Examination” takes place at the end of the training course.

6. Any other special issues you may consider important.
A Training Contract with a firm is a prerequisite to obtaining a place in the IPLS as well as completing successfully the entrance examination. In Northern Ireland, there is a limited number of places at the IPLS, currently around 120.

[eandith]

Ένωση Νέων Δικηγόρων Νορβηγίας:

Reference is made to the e-mail below regarding the procedure of becoming a legal professional in Norway.

Some general information concerning the requirements for obtaining a license from the Supervisory Counsel for Legal Practice:

It is the Supervisory Council for Legal practice (Tilsynsrådet for advokatvirksomhet) that issues the license to practice as a lawyer in Norway, not the Norwegian Bar Association. Membership in the Norwegian Bar Association is not mandatory. However, more than 90 % of Norwegian lawyers and trainee lawyers are members of the Bar Association.

The conditions for exercising the legal profession as a lawyer in Norway are stated in the Courts of Law Act chapter 11 (especially § 220) and Regulations for Advocates chapter 8 (please see attachments).

The basic condition for being awarded a license is a Norwegian university law degree. Further, the candidate must demonstrate by a police certificate that he/she has a reputable record of conduct. The candidate must also practice as a trainee lawyer, an assistant judge or in a position with the public prosecutor for at least wo years. In addition, the candidate must conduct three cases before the courts, at least one of which must be a civil case.

Finally, completion of the Mandatory Course for Trainee Lawyers (Advokatkurset) is required. The course includes topics relevant to a lawyer, such as: litigation, preparation of cases (both criminal and civil), client relations, the rights and duties of lawyers (ethics), negotiation, client accounts, bookkeeping etc. The course is offered by the Center for Continuing Legal Education (Juristenes Utdanningssenter) which is partly owned by the Bar Association. The course is held every six months (spring and autumn) and runs over 2 x 3 days. The first three days consist mostly of lectures, while the last three days include teamwork and role play. The course concludes with a written examination on matters of special importance to the legal profession. This is a take home-examination and lasts for 14 days. An important part of the written exam is a case.

For more information about the Supervisory Counsel for Legal Practice and the Center for Continuing Legal Education, please visit http://www.tilsynet.no and http://www.juskurs.no.

Answers to your questions:

1. Is there an obligatory period of traineeship in order to enter the legal profesion?

Yes, the candidate must practice as a trainee lawyer, an assistant judge or in a position with the public prosecutor for at least two years.

2. Does this period of traineeship belong to the law degree? Does it start after the acquisition of the law degree?

The period starts after the acquisition of the law degree and is not a part of the degree.

3. How many hours does a trainee lawyer work, how much is he paid and by whom (is he paid by the law firm he works at, is he paid by any other funding programms)? Is there legal obligation of certain working hours and minimum wage?

Trainee lawyers can work in law firms, organisations, companies (in-house) or in the public sector. They are paid by their employer. When it comes to the conditions of employment, the rules in the Employment Protection Act and the Code of Conduct for Lawyers must be respected.

According to the Code of Conduct the salary of a trainee lawyer must be fixed and reasonable. “Fixed” means that pure commission-based salaries are not allowed, while “reasonable” means that the salary should not be lower than the minimum salary for a government-employed legal practitioner/advisor (“jurist”) – approx. NOK 410 000.

4. How does taxation and social security work for trainee lawyers?

There are no special regulations regarding taxation and social security for trainee lawyers as such.

5. How long does the traineeship last? Is there a kind of examination at the end of it?

Normally the traineeship lasts for at least two years. In addition, the candidate must complete the Mandatory Course for Trainee Lawyers (Advokatkurset) and he/she must conduct three cases before the courts.

6. Any other special issues you may consider imprortant.

I hope you find this information helpful. Please do not hesitate to contact me in case you have further questions.

[eandith]

Ένωση Νέων Δικηγόρων Πολωνίας:

Please find below the answers to your questions concerning overview of the procedure of becoming a legal professional in Poland:

As an introductory note, please be informed that there are the following legal professions that can be chosen by a law graduate in Poland, each with slightly different terms and conditions of traineeship. I will provide more detailed answers only in relation to advocate and legal counsel traineeship as I do not know the details for the other legal professions so much.

A law graduate in Poland can chose one of the following legal professions:
– advocate (in Polish: adwokat, historically a corporation of court lawyers doing also family and criminal law);

– legal counsel (in Polish: radca prawny, historically a corporation of commercial lawyers employed as in-house lawyers in state owned enterprises – currently there is no material difference between advocates and legal counsels anymore);

– prosecutor (in Polish: prokurator);

– judge (in Polish: sędzia);

– bailiff (in Polish: komornik, a corporation responsible for enforcement of judgments, seizures etc.);

– notary public (in Polish: notariusz, a corporation responsible for making notarial deeds and issuing certifications of documents);

– patent and trademark attorney (in Polish: rzecznik patentowy, a corporation where one can get either having a legal degree or technical degree).

1. Is there an obligatory period of traineeship in order to enter the legal profession?

Yes, each of the legal professions require an obligatory period of traineeship in order to enter the legal profession, varying in length (bailiffs – 2 years, prosecutors – 30 months, advocates and legal counsels – 3 years, judges – 4 years, notaries – 2.5 years, patent and trademark attorneys – 3 years but is held only every 3 years). The traineeship as such consists of mainly theoretical training (lectures, seminars and annual exams) and practical training (in case of advocate and legal counsel trainees – usually at prosecutors office and at different courts – civil, criminal, labour court).

2. Does this period of traineeship belong to the law degree? Does it start after the acquisition of the law degree?

No, the traineeship is not a part to the law degree and starts after obtaining of a law degree. Each traineeship in Poland requires passing of a separate entry exam which are usually held in September each year (with exception of the patent and trademark attorneys where entry exams are held only every 3 years).

3. How many hours does a trainee lawyer work, how much is he paid and by whom (is he paid by the law firm he works at, is he paid by any other funding programs)? Is there legal obligation of certain working hours and minimum wage?

In Poland there is no obligation for the trainee lawyer to work and employment is not a part of the traineeship as such (with exception of judge trainees who after finishing 30 months of their traineeship do 18 months stage in the courts). Thus, it is basically the trainees problem to find employment for themselves. There are no minimum working hours or minimum wage regulations in this regard and it depends on the employer whether trainees are paid or not. Usually the trainees in law firms receive remuneration but it is not very high, some law firms also pay the tuition fee for the traineeship for their trainees but it is rather customary and depends on the law firm. In general there are no funding programs available in Poland.

4. How does taxation and social security work for trainee lawyers?

Unfortunately there are no special arrangements in this regard for the trainees and no exemptions available.

5. How long does the traineeship last? Is there a kind of examination at the end of it?

Please see response to Q2. Yes, there is also a final examination at the end of each traineeship. In case of advocate and legal counsel final exam (bar exam) it is a three full day written exam (first day – criminal law, second day – civil law, third day commercial and administrative law; it in general consists of presenting trainees with fictious files of the case and requiring them to draft a court submission, a legal memo or to draft an agreement).

Should you have any further questions, please let me know.

[eandith]

Ένωση Νέων Δικηγόρων Αγγλίας και Ουαλίας:

`The Junior Lawyers Division (JLD) is a division of the Law Society of England and Wales, the
independent professional body for solicitors.
The UK legal profession has several branches, therefore to be a ‘lawyer’ in the UK has several
meanings. The principal branches are solicitors, barristers and legal executives. Each branch has
its own route to qualification, although there are areas of overlap.
For further information about the Law Society please visit the Law Society website –
http://www.lawsociety.org.uk
Trainee solicitors are included in the JLD membership and so the answers below are provided from
this perspective only.
1. Is there an obligatory period of traineeship in order to enter the legal profession?
The ‘traditional’ route to qualification is a three year undergraduate qualifying law degree at
university. The law degree must cover the seven qualifying subjects of Public Law, including
Constitutional Law, Administrative Law and Human Rights, Law of the European Union,
Criminal Law, Obligations including Contract, Restitution and Tort, Property Law and Equity
and the Law of Trusts. This is followed by a one year post graduate Professional Diploma in
Legal Services (commonly known as the Legal Practice Course or LPC) and then finally a two
year Period of Recognised Training (PORT; formerly known as a training contract which is still
the popular terminology). This gives a total of six years.
It is also possible to study an undergraduate degree in subject other than law, then take the
Common Professional Examination (CPE, also known as the Graduate Diploma in Legal
Practice (GDL). This adds at least one year to the process, depending on the type of
undergraduate degree taken.
It is also possible to qualify via a combination of the ‘traditional’ and taking Chartered Institute
of Legal Executive exams. This offers a route to qualification for those without a degree.
As of September 2016 it will also be possible to study for a trailblazer apprenticeship.
Apprentices will be able to qualify as solicitors, legal executives or paralegals while working for
their employers.
The main pressure points for aspiring solicitors are the LPC course and the training contract.
The LPC is an expensive course, costing approximately £15,000 in London. Many have to
fund this cost with a loan.
Competition for training contracts is intense. Although the number available has increased,
demand far outstrips supply.
2. Does this period of traineeship belong to the law degree? Does it start after the
acquisition of the law degree?
The PORT commonly begins after the undergraduate and postgraduate elements of training,
however it is possible to work full time as a trainee whilst completing the undergraduate
degree.
3. How many hours does a trainee lawyer work, how much is he paid and by whom (is he
paid by the law firm he works at, is he paid by any other funding programmes)? Is there
legal obligation of certain working hours and minimum wage?
As trainee lawyers do not work a set number of hours, the number of hours they work per week
varies, and it is possible to do the PORT on a part-time basis.
As the UK is part of the EU, trainees are subject to the maximum 48 hour working week,
however many trainees exercise their opt-out right, particularly those in the Magic Circle and
City firms.
They are paid a salary by the firm that they are working at. Some firms also provide funding for
the LPC; both the fees of the course itself and living expenses.
Formerly there was a mandatory minimum salary set by the Solicitors Regulation Authority
(SRA) of £18,590 per year in London and £16,650 elsewhere, however this was abolished in
August 2014.
The JLD has worked with The Law Society to introduce a recommended minimum salary of
£20,276 in London and £18,183 outside of London. The Law Society’s recommended
minimum salary is based on the living wage plus the average yearly Legal Practice Course
(LPC) repayment. The recommended minimum salary will be reviewed every November.
However, this is just a recommendation. Firms are only legally required to pay trainee solicitors
the UK National Minimum wage, which is £7.20 (from April 2016) for individuals aged 25 and
over.
4. How does taxation and social security work for trainee lawyers?
Trainee solicitors are employees and so the UK standard rates of income tax apply. Their firm
deducts tax through the payroll via Pay As You Earn (PAYE). In the UK, social security is
known as National Insurance and these contributions are also made through PAYE.
5. How long does the traineeship last? Is there a kind of examination at the end of it?
The training contract lasts for two years, unless the trainee is granted an exemption for legal
work undertaken prior to starting the training contract, then it lasts eighteen months.
There is no examination at the end, although trainees do need to pass examinations and
assessments as part of the LPC and they also have to take the Professional Skills Course,
which they study during the training contract. In order to qualify, trainees have to be endorsed
as having met certain standards of competency by the firm they trained at.
The introduction of Equivalent Means has enabled those working as paralegals but unable to
obtain a training contract to qualify as solicitors by having their knowledge and experience
assessed directly by the SRA.
6. Any other special issues you may consider important
The SRA is currently consulting on the introduction of a Solicitors Qualifying Examination
(SQE), which all trainee solicitors would have to pass in order to qualify as a solicitor. As part
of the proposals, it would also no longer be necessary to complete a qualifying law degree,
GDL, LPC or training contract. This, says the SRA, would provide consistency as all trainees
would have to pass the same examination and would no longer have to pay LPC course fees.
However, they would have to pay to take the SQE.
The JLD has concerns about these changes. We feel that in reality, many aspiring solicitors
will still need to complete the qualifying law degree and the LPC, before paying also to take
the SQE, so the overall cost of qualifying will increase. The changes will not solve the
problems they are intended to solve and are harmful to the solicitor profession.

[eandith]

L E G A L T R A I N E E S H I P I N I T A L Y

1. Is there an obligatory period of traineeship in order to enter the legal profession?

Yes, in Italy there is an obligatory period of traineeship in order to enter the legal profession.
The aim of such period of traineeship is to provide the aspiring lawyer with the skills and
knowledge needed for practicing law as well as the ethical principles of the legal profession.

2. Does this period of traineeship belong to the law degree? Does it start after the acquisition
of the law degree?

Nowadays, the above mentioned obligatory period of traineeship starts after the acquisition of
the law degree. However, it might become possible in the future to begin the first semester of
the traineeship also during the final year at university.

3. How many hours does a trainee lawyer work, how much is he paid and by whom (is he
paid by the law firm he works at, is he paid by any other funding programs)? Is there
legal obligation of certain working hours and minimum wage?

A trainee lawyer must work under the supervision of the lawyer mentoring him/her for twenty
hours a week, at least.
The law firm where the trainee lawyer is performing his/her traineeship may give him/her an
allowance after the first semester of his/her traineeship. Such allowance should be
commensurate with the trainee lawyer’s actual contribution to the activities of the law firm.
However, in assessing such allowance, it should be taken into account also the value of the
facilities and services provided by the law firm to the trainee lawyer.

4. How does taxation and social security work for trainee lawyers?

If a trainee lawyer receives an allowance, such allowance is subject to the Italian personal
income tax (and possibly to VAT as well). However, if certain requirements are met, a special
tax regime may apply (with a fixed personal income tax rate of 5% and no VAT at all).
Such allowance is also subject to social security contributions to INPS (i.e., the National
Institute for Social Security) or to Cassa Forense (i.e., the Lawyers’ Institute for Social
Security), depending on whether the trainee lawyer has already met or not certain requirements
necessary to enroll himself/herself in the latter.

5. How long does the traineeship last? Is there a kind of examination at the end of it?

The traineeship lasts for eighteen months.
The local bar where the trainee lawyer is registered is provided by the law with extensive
powers of controls in order to verify that he/she is meeting the requirements set by the law
during his/her period of traineeship. If this is the case, at the end of such period the local bar
issues a certificate attesting the completion of the traineeship.
After completing his/her traineeship, the aspiring lawyer must take the State Bar Exam in order
to be able to practice as a lawyer in Italy. Such exam consists of three written examinations (a
legal opinion on a civil law case; a legal opinion on a criminal law case; a judicial act in a civil
law, criminal law or administrative law case) and an oral examination on several subjects
(among which: civil law, civil procedure, criminal law, criminal procedure, and legal ethics).
After passing both the written and oral examinations, the aspiring lawyer must deposit the State
Bar Exam certificate at his/her local bar and take a formal oath before the Council of such local
bar in order to be registered as a newly qualified lawyer and be able to legitimately start
practicing in the legal profession.

6. Any other special issues you may consider important.

6.1. Main legal framework:
– Law No. 247 of 31 December 2012 (Articles 40-49) (1);
– Ministerial Decree No. 70 of 17 March 2016 (2).
6.2. Links to useful websites:
– https://www.consiglionazionaleforense.it/web/cnf/home
– https://www.ordineavvocatiroma.it/
– https://www.cassaforense.it/

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