Ministry of Justice data

Forensic specialisations without appeal for lawyers: 'Select the market'

Less than 500 titles so far. Zero awards for 'proven experience'

by Giovanni Negri

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3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The list of forensic specialisations is being updated, but, on the whole, the lawyers' interest in the title of specialist does not take off. This week the ministry's decree formalising the extension of the specialist lawyer title to commercial and corporate law is being discussed in the Justice Committees of the House and Senate. But from the report on the measure it is meanwhile possible to take a snapshot of the situation in light of the titles conferred so far by the CNF.

The numbers

A bit more in detail, in fact, as to the titles already obtained, the CNF recognised the title of specialised lawyer to 325 PhDsresearch lawyers and 137 lawyers who attended the training courses envisaged by the 2015 regulation. Specifically, the titles are distributed mainly in the areas of labour law (38 specialists), family law (50 specialists), criminal law (40 specialists) and tax law (3 specialists).

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No specialised lawyer qualification has been awarded through the path of proven experience,"which highlights the difficulties of the current system in adequately recognising skills matured in the field

The flop

These are certainly not exciting numbers, which perhaps do not authorise the definition of failure for the institution, which is moreover tormented and the subject of appeals before the Tar, of forensic specialisation, but which certainly testify to the (for now) almost quantitative irrelevance of the title for a category of professionals that counts approximately 230,000 registered members.

The regulatory framework

It was theprofessional law of the legal profession (247/2012, now being rewritten) that provided for forensic specialisations; the implementing regulation arrived with Ministerial Decree 144/2015, subject to appeals and partly annulled and then corrected and supplemented by Ministerial Decree 163/2020. There are three ways to acquire the title: proven experience, attendance of suitable training courses and possession of a doctoral degree in one of the areas of specialisation.

The Criminal Chambers

For the secretary of the Criminal Chambers (the Union has been active for many years with training courses dedicated to young professionals) Rinaldo Romanelli, the explanations may be different: 'Over the years, more than 1,200 colleagues have participated in our courses, with very different profiles, from those who intended to devote themselves exclusively to criminal law to those who, especially if active in small to medium-sized localities, intended to gain additional knowledge.

With regard to the lack of appeal of the title Romanelli recognises that thedouble test at the Cnf to obtain it, at least in the initial phase of the Ministry of Justice regulation (now the point should be passed for the 60 or so lawyers who have started the new specialisation course of the Criminal Chambers), has evidently acted as a deterrent, favouring access through the PhD qualification, while as far as recognition through proven experience is concerned Romanelli recalls that 'the number of positions to be claimed is by no means low and, what is more, those who have already acquired a high degree of recognition on the market are little interested in a certification that adds nothing'.  

Lawyers

For Tatiana Biagioni, president of Agi (Associazione giuslavoristi italiani): "The data are worrying, but they refer to a long period of transition, which we can finally consider to be over as far as higher education schools are concerned. The specialisation courses born from the agreements between the most representative specialist associations such as Agi, and the universities, in our case those of Catania, Florence, Milan Bicocca, Padua, Reggio Calabria, Luiss of Rome, and Turin, started in October last year. We are truly satisfied with the work that has been done and the path that will lead the enrolled students to specialisation after two years. The fruit of this work will emerge as early as 2027 and we are confident in the growth effect for this new training tool for young lawyers".

"On the experience side, on the other hand," Biagioni admits, "there was no shortage of criticalities, but the interviews useful for obtaining specialisation have finally started, albeit late (which affects the data). The fact that those who attend schools can obtain specialisation before those who have been practising labour law for years is undoubtedly a problem. Having said this, we also note a difficulty in the process due to the complexity of the documentation required, but above all a certain inattention of lawyers who have been practising the labour law profession for years and who are not yet focusing on this important driver of professional growth". 

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