Universitat Internacional de Catalunya
Exercising Legal Profession and Legal Representation
Other languages of instruction: Catalan
Teaching staff
mprey@uic.es - PhD Pilar Rey
Introduction
There are a variety of areas of law that directly affect the practice of law and prosecution. Knowing them is extremely useful when practicing the profession, both at the work level and to know the limits and responsibilities that may be incurred.
From various perspectives, what is sought is for the student to know first-hand the most relevant labor and tax aspects that a legal professional should know, as well as to delve deeper into the guiding principles of the profession, the responsibilities that transgressing those principles may entail. at a civil, criminal and disciplinary level, the obligations that professionals have for the purposes of money laundering, the operation of the office shift, etc.
In summary, as a complement to the Law applied in the field of advice and litigation, it is essential that the future jurist also have a command of the law and the rules that affect him/herself in the exercise of his/her profession.
Pre-course requirements
Non
Objectives
The main objectives are to have a normative coneixement of the main norms that affect the exercise of the profession of advocate and attorney, in addition to the deontological ones.
From a diverse perspective, the student will be able to have an understanding of the different work formulas through the qualifications of a professional to exercise their various jobs, of the fiscal and col·legial implications that involve the subjects, and with special Deteniment explains how the official procedure and free justice work.
This subject also addresses the principles that govern the profession, as well as the particular obligations that it deals with in such relevant areas as gender violence, family rights, money laundering, etc. We also analyze the responsibilities in which a professional can incórrer in cases of non-compliance of these, both at the criminal level and in the civil and disciplinary sphere.
Competences/Learning outcomes of the degree programme
- CN01 - Students will be able to describe in detail the different techniques for balancing interests.
- CP01 - Students will be able to keep professional secrecy and confidentiality in relation to the matters entrusted to them.
- CP02 - Students will be able to conduct professional work within specialised and interdisciplinary teams.
- CP03 - Students will be able to interact appropriately with citizens, institutions and other professionals.
- CP04 - The student will respect the fundamental rights of equality between men and women, and the promotion of human rights and the values inherent in a peaceful society of democratic values.
- HB01 - Students will be able to correctly and adequately apply the specialised knowledge acquired in the bachelor's degree to professional practice before courts or public authorities, as well as in the advisory functions with respect to the principles of equal treatment and non-discrimination.
- HB02 - Students will be able to use techniques aimed at ascertaining and establishing the facts in a range of different proceedings, particularly in regard to the preparation of documents, interrogations and expert evidence.
- HB03 - Students will be able to integrate the right to defence and the procedural postulation of clients appropriately within the framework of the national and international jurisdictional systems of protection.
- HB04 - The students will be able to conveniently employ alternative methods to the jurisdictional route for the resolution of legal conflicts.
- HB08 - Students will be able to incorporate the rights and deontological duties of the person exercising the law or practising it in relation to clients, other parties, courts, public authorities and other professionals.
- HB09 - Students will be able to describe the different responsibilities related to the exercise of professional activity, including the basic operation of free legal aid and the promotion of social responsibility of the person practising the law.
- HB10 - The students will be able to use the most relevant techniques in each case aimed at the identification and settlement of tariff duties, tax obligations, the establishment of judicial deposits and the provision of any expenses and costs necessary to guarantee the effective judicial protection of the rights of the persons represented.
- HB11 - Students will be able to recognise situations of conflict of interest that may occur in professional practice.
- HB12 - Students will be able to use conflict resolution techniques most relevant to each situation and context properly and with their own independence of judgement.
- HB13 - Students will be able to plan the organisational structure of the professional office according to the human resources that integrate it and the type of clients to which it is addressed.
- HB14 - Students will be able to establish a protocol of economic and fiscal management, compliance and protection of occupational risks and personal data for the professional office.
- HB15 - Students will be able to use the procedures, protocols, systems, and judicial applications, that communications and cooperation with the administration of justice requires, with special attention to those of electronic, computer and telematic nature.
- HB16 - Students will be able to implement teamwork techniques aimed at achieving greater efficiency through access to information sources, knowledge of languages, knowledge management and management of applied techniques and tools.
- HB17 - Students will be able to plan the organisational structure of the professional office according to human resources involved and the type of clients it serves.
- HB18 - Students will be able to express themselves appropriately to the context and special needs or characteristics of each recipient orally and in writing.
Learning outcomes of the subject
The student will be able to:
- Identify the legal framework in which the legal profession and legal practice are conducted, including the applicable deontological and collegial issues.
- Recognise the principal obligations of the lawyer and the legal representative to their clients, to their peers and to the courts or institutions.
- Develop the various forms of legal practice with ease, as well as identifying the corresponding social security system.
- Apply the regulatory requirements in relation to the prevention of money laundering and the protection of personal data to their professional work.
- Identify the consequences of their possible professional, civil, criminal and disciplinary liability.
- Identify the essential matters of professional fees and all the basics in relation to accounting and taxation for lawyers.
- Recognise all general issues concerning legal aid, free legal aid, prop bono work, judicial, internal and European organisation, constitutional process guarantees, and the corresponding protection mechanisms, and the organisational and bureaucratic functioning of administration of justice.
- Adequately determine the economic implications of the judicial process.
Syllabus
1. Introduction - normative mark.
2. General principles of the exercise of the profession.
3. The projection of the advocate abroad, and the publicity of the advocate.
4. Protection of personal data and advocacy.
5. Money laundering.
6. Fiscalitat de l'advocat.
7. Forms of professional practice.
8. Advocate Responsibility: Criminal, Civil and Disciplinary Responsibility.
9. Main questions related to the exercise of prosecution
Teaching and learning activities
In person
The training activities are:
- Lecture (CM): The faculty expounds the most relevant theory of the subject to reinforce knowledge of the bachelor’s degree and ensure a correct performance in other training activities.
- Case study analysis (ACP): Analysis and discussion of the legal qualification of the facts, permitted procedural alternatives, other alternatives for the balancing of conflicting interests and elaborate procedural briefs related to the matter.
- Simulation of professional situations (SEP): Supervised recreation of all kinds of professional legal procedures, written and oral, both in the field of legal advice and in forensic practice. Students must prepare the recreations in advance on assumptions and materials extracted from real cases.
- Case preparation and/or simulations (PCS): Prior to the face-to-face class. Carried out individually or in groups. It will allow the student to participate appropriately in the discussion of the assumption or in the performance of the simulation.
- Self-study: Students analyse, seek information or solve problems on their own, using the material provided, databases, bibliography and information collected in face-to-face classes and/or during work experience. Necessary work in all modules, aimed at deepening and consolidating knowledge and greater performance of the sessions of case method or simulation of professional scenarios.
- Directed individual study (EID): Work of individual acquisition of legal knowledge under the guidance, accompaniment and supervision of the teacher-tutor to help with questions and concerns and verifies the progress made by the students.
The teaching methodologies are as follows:
- Theory class (CT): Method with which the faculty provides the most substantial theoretical aspects of the subject to reinforce the knowledge already acquired in the undergraduate degree and ensure a correct performance in the other training activities.
- Case method (MC): Allows student deliberation under the guidance and participation of the teachers. They must present a practical case in class in order to analyse and solve it. In some activities the presentation of the case and its resolution are carried out in the same learning unit. However, the case is usually previously worked on by the students individually or in a group in order to take advantage of the performance of the face-to-face sessions appropriately. The activity is always guided by the teachers. Students are encouraged to put the acquired knowledge into practice as they have the opportunity to integrate new knowledge while dealing with the complexity of real situations.
- Simulation of professional situations (MSEP): The recreation of all kinds of possible situations taken from real cases of professional performance, in legal advice or in forensic practice. After adequate preparation and supervision the student is required to carry out the exercise themselves, individually or collectively, before a teacher who will accompany them during the exercise and then evaluate it.
- Directed study sessions (SED): Method by which the students acquire legal knowledge individually through study led by a teacher-tutor who can answer questions and concerns of the students and verifies the progress made by them.
Evaluation systems and criteria
In person
The evaluation systems are:
- Case study analysis (RCP): The students must demonstrate their capacity to resolve the practical cases presented and will be evaluated according to the legal qualification of the facts, procedural alternatives of defence, the preparation of procedural briefs related to the case in both formal and substantive aspects and written expression, especially with regard to the use of legal language.
- Simulation of professional situations (RSEP): Students must demonstrate their ability to carry out professional written and oral legal activity, both in the field of legal advice and in forensic practice, and they will be evaluated according to the legal technical rigour and the quality of their simulated professional intervention.
- Written exam (PE): Objective proof of multiple replies or responses, or of development of theoretical or practical questions on which they must justifiably rule or resolve.
The evaluation is continuous, with a weighting of 60% for participation/practical cases/classwork and 40% for the exam.