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ISDE

Access to the legal profession

After the entry into force of the Law 34/2006, of October 30, on access to the professions of Lawyer and Attorney of the Courts, the completion of the Master of Access to the Practice of Law is an indispensable requirement to practice as a lawyer in our country. As stated in the statement of motives of the norm itself, lawyer and attorney “are fundamental partners in the delivery of justice, and the quality of the service they provide directly in the effective judicial protection that our Constitution guarantees to the citizenry.”

This regulation affects all those who obtain their university degree in Law as of October 31, 2011. However, the law exempts from this regime those who have obtained the Degree or the Law Degree after October 31, 2011 , provided that they are registered as practicing or not practicing, within a maximum period of 2 years from the moment they are able to request the issuance of the university degree in Law.

Law 34/2006, of October 30, has been developed by Royal Decree 775/2011, of June 3, by which the Regulation is approved and in which various aspects dealt with in it are expanded and specified, such such as the general requirements for participation, the training courses enabled, the teaching staff, the external internships or the final evaluation.

In this way, the legislator wanted to strengthen the professional training of the figure of the lawyer demanding the overcoming of a complementary training to the university degree.

After an eminently theoretical period, the Master’s Degree in Advocacy provides for internships in law firms and companies with the aim of applying this theory to real situations that lawyers encounter every day. Finally, the passing of a final evaluation will grant the student the professional title of lawyer issued by the Ministry of Justice.

The examination of access to the Legal Profession

1. Description of the evaluationn

The professional aptitude assessment test will be carried out in accordance with the provisions of the corresponding Calling Order that will periodically publish the Ministry of Justice and will be unique and identical for all Spanish territory.

2. Program of subjects

The program that has to govern the evaluation is in the own Order of call published by the Ministry of Justice at least 3 months before the celebration of the same. In Annex II of the Order PRE / 1743/2016, of October 27, by which the test of evaluation of professional aptitude for the exercise of the profession of lawyer is summoned, we can find an indicative description of the matters and necessary competences for access to the profession of lawyer that will be the object of the evaluation.

3. Requirements

Those who meet the following requirements on the date of the exam may take the evaluation test:

  • Be in possession of the Degree in Law, Graduate in Law or another university degree of equivalent Degree that meets the requirements established in Article 3 of the Regulation of Law 34/2006. Applicants with qualifications obtained abroad must be in possession of the credential that proves their approval or validation in their case.
  • Have passed the comprehensive training courses of the set of skills necessary for the practice of the profession of lawyer, andthe period of supervised internship, accredited jointly by the Ministry of Justice and the Ministry of Education Culture and Sport and registered in the Administrative Register of the Ministry of Justice established for this purpose.
  • Be of legal age and not be disqualified from practicing as a lawyer.

4. Development of the evaluation

The evaluation will consist of an objective written test of theoretical-practical content with answers or multiple answers, whose content will be adjusted to the regulations in force at the date of publication of the respective call and will last for 4 hours.

Its content will be set by the Ministry of Justice and its purpose will be tomeasure the theoretical-practical knowledge of the participants about the exercise of the profession of lawyer as well as the knowledge of deontological and professional standards. It will be based on the orientation program of subjects that is established in the corresponding call.

The evaluation test will consist of:

  • 50 questions about «Subjects common to the practice of the profession of lawyer».
  • 25 questions about «Specific subjects» to choose between the following legal specialties: civil and commercial, criminal, administrative and contentious-administrative, and labor
  • In addition, the questionnaire will include six booking questions for the section “Common subjects of the profession of lawyer” and two for each legal specialty of the section “Specific subjects”.

5. Results and qualification

The questionnaire will be assessed on a scale of 0 to 75 points, obtaining 1 point for each correct answer, discounting 0.33 points for each incorrect answer and not obtaining any points for the unanswered questions. The total score will be obtained by adding the scores obtained by the correct answers, deducting the incorrect ones.

Regarding the evaluation qualification, the final grade will be suitable or not apt.

The final grade will result from the weighted average between 70% of the grade obtained in the evaluation and 30% of the mark obtained in the master or training course specialized, not being necessary to obtain a minimum grade in the evaluation test to make the weighted average.

To obtain the qualification of apt it will be necessary to obtain a grade equal to or greater than 50% of the weighted average of both grades in base 10, that is, 5 points. The qualification of not suitable will not prevent participation in future calls.

Each applicant will receive his final evaluation grade individually and anonymously through the electronic headquarters of the Ministry of Justice.

Titling

The completion of the Master of Access to Law and the completion of the final evaluation will mean obtaining the professional title of lawyer issued by the Ministry of Justice , being necessary for the performance of legal assistance in those processes judicial and extrajudicial in which current legislation imposes or empowers the intervention of a lawyer and, in any case, to provide legal counsel or legal advice using the name of lawyer. All of this without prejudice to compliance with any other requirements required by current regulations for the practice of law.

Likewise, obtaining the professional title of lawyer will be necessary for the membership in the corresponding professional associations of lawyers .

Frequent questions

The main novelty of Law 34/2006, of 30 October, which affects law students is the obligation to take the Master of Access to the Law or a specialized training course, which includes the period of external internships, as well as passing the final evaluation to perform the activities of an attorney practicing.

Therefore, after completing the Degree in Law , it will be an indispensable requirement to take and pass this complementary training to obtain the professional title of lawyer, to be able to graduate and practice as such.

This regulation affects those Graduates or Graduates in Law ; (or in any other university degree contemplated in article 3 of the Regulation of Law 34/2006) who obtain their university degree from 31 October 2011 and wish to practice as lawyers and develop their professional career in that sense.
Law 34/2006, of October 30, establishes a transitory regime for those who had already obtained the law degree at the date of entry into force of the regulation, distinguishing two assumptions:

  • Who already were collegiate, either as practitioners or non-practicing, will be exempt from the system established in the law. Also those who were not registered at the date of entry into force are excepted, but they would have been for a minimum period of one year.
  • Those who, at the time of entry into force of the Law, are in possession of a Bachelor’s Degree or Graduate in Law or in conditions to request its issuance and have not been registered for a minimum of one year, will have a maximum term of two years since October 31, 2011 to be able to join, as practitioners or non-practicing.
The professional titles that are regulated in the Law 34/2006, of October 30, will not be demandable to those who at the time of entry into force of the same had requested the homologation of their foreign title to that of Law Degree, provided that in the maximum term of two years, counting from the moment in which they obtain such homologation, they proceed to collegiate, either as practicing or non-practicing.
    • Public or private universities ; in the framework of the teaching leading to the obtaining of an official university master’s degree.
    • Schools of legal practice created by the bar associations and approved by the General Council of the Law, according to public, objective and non-discriminatory criteria.
    • Jointly ;, public or private universities and schools of legal practice approved by the General Council of Lawyers.

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All training programs, regardless of who organizes them, must guarantee the completion of a period of quality internships.

Together the curricula must include 60 ECTS credits >; that will contain all the necessary training to acquire the professional skills indicated in the Regulation of the Law 34/2006. Additionally, supervised internships will include 30 ECTS credits >; plus.
Article 10 of the Regulation establishes that the Master of Access to Law will guarantee to its students, at least, the following professional competences:

  • Apply the specialized academic knowledge acquired to the changing reality faced by lawyers.
  • Techniques of investigation and establishment of the facts in the different types of procedure.
  • Integrate the defense of the rights of clients within the framework of national and international jurisdictional protection systems.
  • Interest composition techniques and know how to find solutions to problems through alternative methods to the jurisdictional path.
  • Apply professional deontological rights and duties in the lawyer’s relationship with the client, the other parties, the court or public authority and among lawyers.
  • Know and evaluate the different responsibilities linked to the exercise of the professional activity.
  • Know how to identify conflicts of interest and know the techniques for their resolution, establish the scope of professional secrecy and confidentiality, and preserve the independence of criteria.
  • Know how to identify the performance and organization requirements that determine the legal advice.
  • Apply in practice the organizational, management and commercial environment of the legal profession.
  • Choice of the right strategy for the defense of client rights.
  • Improve the efficiency of your work and enhance the overall functioning of the team or institution in which you develop it.
  • Know, know how to organize and plan the available individual and collective resources.
  • Know how to expose oral and written facts, and extract argumentative legal consequences.
  • Develop professional works in specific and interdisciplinary teams.
  • Develop interpersonal skills and abilities.

You can see the Academic program of the Access Master ; of ISDEhere.

As established by the Regulation of Law 34/2006, the teaching staff of all training programs must have a balanced composition between lawyers and university professors , so that collectively each of these groups does not exceed sixty percent or less than forty percent.

In addition, the lawyers who integrate the teaching staff must have been collegiate as practicing for at least three years and university professors have a stable contractual relationship with a university.

Check here the academic faculty of our Access Master.

  • The internship program will have, among others, the following objectives:
  • Facing professional deontological problems.
  • Become familiar with the functioning and problems of institutions related to the practice of the lawyer and attorney professions.
  • Know the activity of other legal operators, as well as professionals related to the exercise of their profession.
  • Receive updated information on the development of the professional career and the possible lines of activity, as well as on the instruments for its management.
  • In general, develop the skills and abilities necessary for the practice of the professions of lawyer and court attorney.
The practices will be developed totally or partially in courts or prosecutors, companies or professional offices ; of lawyers or attorneys of the courts, legal departments or human resources of the Public Administrations, official institutions or companies .

Provided that the practices consist of activities specific to the legal profession, a part of them may also be developed in police establishments, prisons, social or health services, and in general entities that develop activities of general interest and that are formally recognized before the law. competent national or regional authority.

The evaluation test will consist of:

  • 50 questions about «Subjects common to the practice of the legal profession» .
  • 25 questions about «Specific subjects» to choose between the following legal specialties: civil and commercial, criminal, administrative and contentious-administrative, and labor.
  • In addition, the questionnaire will include six reserve questions for the section “Common subjects of the profession of lawyer” and two for each legal specialty of the section “Specific subjects”.

The questionnaire will be assessed on a scale of 0 to 75 points, obtaining 1 point for each correct answer, discounting 0.33 points for each incorrect answer and not getting any points for the unanswered questions. The total score will be obtained by adding the scores obtained by the correct answers, deducting the incorrect ones.Regarding the evaluation qualification, the final grade will be suitable or not apt.

The final grade will result from the weighted average between 70% of the grade obtained in the evaluation test and 30% of the grade obtained in the master or specialized training course, not being necessary to obtain a minimum score in the evaluation test to perform the weighted average.To obtain the qualification of apt it will be necessary to obtain a grade equal to or greater than 50% of the weighted average of both grades in base 10, that is, 5 points. The qualification of not suitable will not prevent participation in future calls.

Each applicant will receive his final assessment grade in an individualized and anonymous form through the electronic headquarters of the Ministry of Justice.

The call for tests will have a annual minimum periodicity.
In addition to the program of scholarships and grants that each institution offers its students, the Government will consider the annual granting of scholarships for the realization of training courses for obtaining the professional title of lawyer within the framework of the scholarships and personalized assistance to the study.
The Regulation of the Law 34/2006, of October 30, establishes in its article 8 that the Ministry of Justice will keep an informative administrative register in which the accredited training courses for the obtaining of the professional titles regulated in said norm will be registered.

You can consult this informative administrative record here.

Adequate training is the distinguishing element of the future lawyer and the most important educational institutions in our country are aware of this.

The prestige of the center , the quality of its teaching staff and The content of the program are the main reasons that must be taken into account when choosing the institution in which to complete the training in Law, without forgetting the importance of being able to do external internships in the best law firms and companies in our country.

You must also take into account the scholarship and financing program That each institution can offer, so that any talented student can invest in their professional future.

The Regulation of the Law 34/2006, of October 30, allows that both public or private universities and legal practice schools created by the bar associations can impart the training program leading to the obtaining of the professional title of lawyer.

In this way, public or private universities offer their students the Master of Access to Law, taking advantage of the prestige and experience acquired during their teaching career to provide quality training.

On the other hand, the legal practice schools created by the bar associations of our country, offer a training program based on their experience as a collegial institution, which allows their students a greater contact with professional practice.

At ISDE, we offer both types of programs, offering the possibility of making a Online Course of Access to the Legal Profession.

No, the Regulation of Law 34/2006 requires to obtain the professional title of lawyerAccredit the overcoming of any of the training courses accredited and the development of the training period of external internship, prior to passing the final evaluation test.
Depending on the personal circumstances of the student, it may be more advantageous that the theoretical training is imparted in a non-face-to-face manner, since it allows the student to organize the time devoted to the study.

On the other hand, it is an added value to be able to establish a closer link with teachers and other students in the face-to-face mode.

In both cases, the completion of external internships and the final evaluation test must be in person.

Webs of interest

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