Membership is mandatory to be able to practice Law in Spain. The incorporation to a single Bar Association is sufficient to practice in the entire national territory, this Association being the sole or main professional domicile.
This unique membership system facilitates the professional mobility of the lawyer, by allowing free exercise throughout the state without the need for more procedures than the essential ones and enhances the free choice of the lawyer by the client.
The procedure for the validation of graduate or graduate degrees for foreigners applies to:
- EU / EEA citizens, who have not obtained the necessary qualification to be able to practice law and register / register in their State of origin
- Citizens of third States, who want to practice law in Spain.
It should be clarified that EU / EEA citizens are exempt from the procedure of Nationality Waiver, that nationals of third States have to pass, after validation, in order to continue with the procedures required to exercise the profession in Spain.
After the entry into force of the Law on Access to the Legal Profession, the procedure has become 4 steps for non-Europeans, and 3 for EU / EEA citizens. With the following steps, the interested party can join any Spanish Bar Association:
- Application for Validation
- Nationality Waiver (only for non-Europeans)
- Master's Degree in Access to the Legal Profession or Training Course in Access to the Legal Profession at the Bar of Legal Practice created by Bar Associations
- Access Test from the Ministry of Justice
1.- Application for validation of foreign studies
This requirement will be required in any case, unless the citizen of a third State or of the EU / EEA has obtained a Bachelor's Degree or Degree in Law at a Spanish University.
This is found in the Royal Decree 967 / 2014, of November 21, which establishes the requirements and the procedure for the homologation and declaration of equivalence to degree and level acaofficial university demic and for the validation of foreign studies of higher education.
In accordance with Royal Decree 967/2014, of November 21, if the interested party has higher studies carried out abroad that would allow him, once passed, access to the exercise of a profession in the country of issue, and that profession is analogous to the profession of lawyer and the interested party wishes to practice his profession in Spain, he must request, based on his foreign higher studies, validation at a Spanish university of the subjects passed in the program of origin and subsequently, where appropriate, complete the studies of the corresponding degree Spanish program.
Once the corresponding Spanish Law Degree is obtained, the access system provided for in Law 34/2006, of October 30, on access to the professions of Lawyer and Court Attorney, is applicable, a system consisting of three points:
- Completion of a specific training course to acquire a set of specific professional skills.
- Development of a period of external practices.
- Completion of a professional aptitude assessment.
By virtue of the provisions of articles 17 et seq. of Royal Decree 967/2014, of November 21, the validation of foreign studies for partial Spanish university studies corresponds to the Spanish University to which the interested party has requested said validation to continue their studies, in accordance with the criteria set by the Council of Universities.
La Law 5/2012 of July 6 of mediation in civil and commercial matters, introduced a new additional ninth provision to Law 34/2006, of October 30, on access to the professions of Lawyer and Attorney of the Courts, with respect to approved foreign titles, under which :
"The professional titles that are regulated in this Law will not be required of those who, at the time of entry into force of this Law, had requested the homologation of their foreign title to that of a Law graduate, provided that within a maximum period of two years, counting from the moment they obtain said homologation, they proceed to register, as practicing or not practicing. "
Consequently, to those who have requested the homologation of their foreign title to that of a law graduate, before the entry into force of the Law, the access system provided for in Law 34/2006, of October 30, will not apply to them, provided that within two years from obtaining approval they proceed to register. In opposite case, that is, if these people have not requested the homologation of their degree to that of Law degree before the entry into force of Law 34/2006, that is, on October 30, 2011, The access system provided therein will apply to them.
2.- Nationality Waiver (not necessary for EU / EEA citizens)
The Nationality Waiver is provided for in the General Statute of the Abogacía Española (Royal Decree 135 / 2021, of March 2, Art. article 9.1.a) and in the Royal Decree 1879 / 1994, of September 16, which approves certain procedural norms in matters of justice and the interior (Art. 4). Likewise, the 2004 / 38 / CE Directive of the European Parliament and of the Council, of April 29, 2004, on the right of Union citizens and their family members to move and reside freely in the territory of the Member States, transposed into the Spanish legal system through Royal Decree 240 / 2007, of February 16, concerning the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.
Every citizen of a Third State, once the homologation has been obtained, must request, at the Ministry of Justice, the dispensation from the requirement of Spanish nationality required by the General Statute of the Abogacía Española in its article 9.1.a), indicating the College in which the incorporation is desired.
The legal dispensation of nationality is requested by attaching the following documentation:
- Passport or document proving identity
- Residence permit in Spain (certified photocopy)
- Certificate of approval of the Bachelor of Law degree (certified photocopy)
- Certificate of lack of criminal record in the country of origin, issued by the competent authority (original)
- Certificate of lack of criminal record in Spain, issued by the competent authority (original)
- Certification that accredits professional behavior, issued by the governing body of the Legal Profession in the country of origin (original). Not necessary if the interested party has not exercised the right in the State of Origin.
This documentation must be submitted to the Ministry of Justice, any territorial office of the same, or any office belonging to the General Administration of the State, Autonomous Community or Local Corporation that has a Single Window.
The maximum period of resolution of the request is three months, being able be understood as estimated when no express resolution has fallen within the indicated period. Positive silence, after not obtaining a response in the stipulated time.
exceptions:
There are a number of people exempt from this procedure: relatives of an EU or EEA citizen, who accompany or meet with him. Specifically (art. 2 of RD 240/2007):
- Spouse
- Domestic partner
- Direct descendants, and those of their spouse or common-law partner, over 21 years of age who live in their care
- Direct ascendants, and those of your spouse or domestic partner, who live in your care
3.- Master's Degree in Access to the Legal Profession or Training Course in Access to the Legal Profession at the Bar of Legal Practice
After the entry into force of the 34 / 2006, of October 30, on access to the professions of lawyer and attorney of the courts, in order to access the practice of the profession of Lawyer, any graduate or approved must meet the requirements for additional training and practices (Master's Degree in Access to the Advocacy or training course of Access to the Legal Profession in Bar of Legal Practice created by a bar association) established in it.
The master's degrees for access to the legal profession are offered by numerous public and private universities, and on the other hand, the Bar Associations with a Bar of Legal Practice approved by the Consejo General de la Abogacía Española They offer training courses for access to the legal profession. Both consist of a theoretical period, and one of professional practices. The duration of these programs is 90 credits. More information about these programs in the Advocacy website
4.- Access Test by the Ministry of Justice
Once the training period has passed, the interested party, presenting the corresponding certificate that attests to having passed said training, must request at the Ministry of Justice registration for the exam. More information in the Website of the Ministry of Justice.
After the training period and the completion of the evaluation test, once the APTO qualification has been obtained, the professional title of lawyer, being this prerequisite for membership in Spain and for the exercise of the profession.
The periodicity of the call for the access test depends on the Ministry of Justice, and is published in its website.
5.-sign up in the Bar Association
Once the aforementioned procedures have been completed by the national of a Member State of the EU / EEA or of a Third State, and with the professional title of lawyer, they must compulsorily register with the Spanish Bar Association that corresponds to the territorial scope in which you establish your sole or main professional address. The registration must be prior to carrying out the activity as a lawyer.
The documentation necessary to become a member after the approval procedure is:
- Certificate (Credential) of validation or homologation from the professional title to the title of Lawyer / Graduate in Law.
- Accreditation of the nationality waiver (not necessary for EU / EEA citizens)
- Professional title of lawyer, which certifies having passed the training period and the evaluation test.
The rest of the procedures and documentation that they must provide are the same that a Spanish citizen who wishes to join must comply with.
In order to practice law and the profession, the interested party must register as a practicing lawyer.
They will use the Spanish professional title of "lawyer" and will be subject to the same professional, legal, administrative and deontological rules that define and order the profession of lawyer in Spain. They will become a lawyer for all purposes, fully equating themselves to practicing lawyers with Spanish titles.
They may practice in Spain both on their own account, as well as as a lawyer on behalf of other natural or legal persons, to the extent permitted by the regulations applicable to practicing lawyers with Spanish titles.