Andorra regulates the incapacitation procedure for lawyers
The Official Association may replace an incapacitated lawyer to continue with the defense of clients
ANDORRA LA VELLA (ANDORRA), 2 Nov. (EUROPE PRESS) – .
The Government of Andorra has approved this Wednesday the draft law to modify the Law on the exercise of the profession of lawyer and the Official Bar Association of Andorra, in which the regulation of the procedure for the incapacitation of a lawyer is modified.
It is a process that until now was not developed and that respects the rights of the affected party, the Andorran Government has detailed in a statement.
The Secretary of State for European Affairs, Landry Riba, has stated that it is a “possibility that can be given and that is also regulated in neighboring countries.”
In fact, the modification of the law is motivated by the different meetings that the Government has held with the professional sectors to prepare the negotiation with the European Union (EU) regarding the free provision of services.
It has been thanks to these contacts that formal deficiencies have been detected in some laws and it has been decided to complete the regulatory requirements before beginning the negotiation with the EU.
Modifications have been made to improve the regulation of certain aspects related to the scope of action and exercise of the profession, the access requirements, the rights and duties of lawyers and the disciplinary procedure.
In case of having to apply an incapacitation, it would be the governing board of the Bar Association who would initiate the proceedings, but it is expected that there will be a specialized medical opinion “to support the opinion of the Bar Association”.
PRECAUTIONARY MEASURES
While the process lasts and there is no resolution, precautionary measures can be adopted so that the lawyer who does not meet the necessary conditions to exercise that section.
It also emerged from the College board to appoint or replace a lawyer who is unable to continue defending their clients in procedures or actions that cannot be postponed, all to avoid situations of defenselessness.
The board may also suspend a practicing lawyer in the event of conviction for willful major crimes committed in the exercise of the profession.
The disciplinary procedure is also modified, specifying the precautionary measures that can be agreed, to adapt it to the general regulations that regulate the sanctioning procedure, and the necessary procedures are suppressed so that there can be a more agile processing, even respecting the guarantees of defense and of hearing that has to comply with the procedure in this matter for the interested person.
Finally, it is established that lawyers who are in possession of level 6 of the Andorran Framework of Qualifications, if they are registered as non-practicing lawyers on the date the law comes into force, may continue to be registered in this capacity, but it is specified that If they choose to practice, they must be in possession of a level 7 degree of the Andorran Qualifications Framework in the field of law.