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- 1 Lawyers can practice their profession in two ways, either individually or collectively.
- 2 When a lawyer practices the profession individually, he/she may do so on his/her own account or on behalf of others.
Lawyers can practice their profession in two ways, either individually or collectively.
In the case of self-employed, the lawyer shall be entitled to practice his profession freely and independently without being under the supervision of a third person. In addition, he/she shall be liable to the clients for any action taken by any professional of the Firm. The fees will always accrue in favor of the owner of the Firm, regardless of who has exercised the activity, even when the client ceases to pay these fees to the lawyer in question.
When a lawyer practices the profession individually, he/she may do so on his/her own account or on behalf of others.
The lawyer may also practice the profession as an employee through a special employment relationship governed by the provisions of the 1st Additional Provision of Law 22/2005, of November 18, 2005, a law that has been developed by Royal Decree 1331/2006, of November 17. Both rules require that both the owner of the activity and the employee be a lawyer. This special relationship may be indefinite or temporary. The individual practice on behalf of others does not mean that the lawyer loses his freedom and independence when practicing.
Within this employment relationship, lawyers may enter into the following agreements:
- Exclusive dedication regime: through this pact they will be accepting the rendering of their services on an exclusive dedication regime, unless the employment contract is part-time or establishes the contrary.
- Permanence agreement: this permanence agreement implies that upon acceptance they will have to remain in the Firm for at least 2 years.
- Post-contractual non-competition agreement: means that no lawyer may work with any client of the Firm from which he/she has left, in order to safeguard the clientele. This post-contractual non-competition agreement shall not exceed 2 years.
When a lawyer wants to terminate the contract, he/she will have to give prior notice to the owner of the Firm of his/her intention to terminate the contract with a minimum of 45 days.
The other way of practicing law is in collective manner. This form of practice of the profession is carried out through a professional society that will have as its corporate purpose the practice of law, being able to exercise other forms as long as they are compatible with the law.
What is the difference between a civil partnership and a community of goods oriented to the professional practice of law?
The civil society is a regular commercial society that is constituted with the intention of obtaining a profit and assets of the co-proprietors are contributed; on the other hand, in the community of goods there is already previously a situation of pro indiviso. One of the main characteristics of the professional society is the coexistence of professional partners with non-professional partners and, in this sense, the Law 2/2007, of March 15, 2007, of Professional Societies requires that more than half of the capital is in the hands of professional partners.
Lawyou is a law firm oriented to provide services to professionals oriented to the individual practice of law. Lawyou collaborates with them without abandoning the characteristic of independence and freedom that gives them their profession, offering them various services to improve the quality and performance of the profession.