Lawyers: from incompatibilities to fees, first yes to legal reform

The reform of the legal system gets a first yes. The draft enabling act, finalised by the Ministry of Justice and revised on crucial aspects during the parliamentary work, has been approved by the Chamber of Deputies and will now land in the Senate where the expectation is for rapid approval.

For the Deputy Minister of Justice Francesco Paolo Sisto 'it is an important step towards a more dynamic, authoritative and close to the needs of the country', while for the president of the Cnf Francesco Greco 'the legal profession is turning over a new leaf. After almost fourteen years in which the world, society, the market and jurisdiction have profoundly changed, the way is finally open for an organic reform, modern and in step with the times: a reform capable of adapting the professional forensic law to the contemporary reality and of making the legal profession closer to citizens and their rights".

The enabling act indicates, first of all, which professional activities are to be reserved exclusively for members of the Bar. In particular, with regard to consultancy (a very delicate aspect, especially because of the repercussions with the other ordinary professions), it is the prerogative of lawyers to provide legal advice and extrajudicial legal assistance if it is connected with judicial activity, if it is carried out in a continuous, systematic and organised manner, with the exception of expressly identified competences relating to specific areas of law provided for by law for those who perform other regulated professions.

As far as corporate lawyers are concerned, in the context of extrajudicial legal advice and assistance, it is still permissible to establish employment relationships or to conclude contracts for continuous and coordinated work in the exclusive interest of the employer.

On the subject of remuneration, yes to the free agreement of the parties (in its absence, the reference will be the forensic parameters that the ministry undertakes to update every two years), which must in any case be appropriate to the quantity and quality of the service rendered and may be parameterised to the achievement of the objectives pursued. In any event, the law specifies, free negotiation does not operate in cases governed by the rules on fair compensation.