Organization Profile
I. Organization Profile
1. Year of Foundation
1926.
Ordem dos Advogados (OA) / Portuguese Bar Association, was established by Decree number 11 715, from June 12th 1926, however, its origins trace back to the Lisbon Lawyers’ Association, with Statutes approved in 1838.
2. Types of Membership
If your association has more than one category of membership such as “standard”, “associate”, “scholar” and “student”, please give a brief description of each category.
Advogados – Lawyers (full members).
Advogados Estagiários – Trainee Lawyers.
3. Number of Members
Please fill in the number of members of your association. If you have more than one category of membership, please provide the number of each category.
As of January 2016:
Lawyers – 29721
Trainee Lawyers (in the second and final phase of training) – 2500
4. Membership
Compulsory or Voluntary?
Compulsory.
Is the membership in your association prerequisite to practice law in your country (or state, region, etc.)?
Yes.
5. Executives and Officers
Please provide titles and the number of each office holder.
Elected officers/members (for a three-year term):
Bastonário or Bastonária (1) – President of the Bar Association, also acts as General Council’s Chairman, Congress’ Chairman and General Assembly’s Chairman.
General Council’s Members (21) – Executive management and regulatory body, nationwide.
President of the Superior Council (1)
Superior Council’s Members (22) – “Appeal” Ethics instance of the Bar Association (in certain cases, such as former or current members, also has first instance jurisdiction).
Presidents of the Regional Councils (7)
Regional Councils - (7) Lisbon, Oporto, Coimbra, Évora, Faro, Madeira and Azores – (elected members of each Regional Council vary - these management bodies act within its territorial limits and are responsible, amongst other competences, for providing trainee lawyers trainings and encouraging continuous training of lawyers.
Presidents of the Deontology Councils (7).
Deontology Councils - (7) same as Regional Councils – Disciplinary first instance jurisdiction over lawyers and trainee lawyers whose professional domicile is located in the region.
Local Bar Delegations (composed of 2 to 4 members each) – Currently there are around 220 Delegations through our territory.
For further details please look up for the Bar Association’s Statute approved by Law n.º 145/2015, from September 9th.
6. Journal and/or Newsletter
Does your association regularly publish a journal and/or a newsletter for your members or the public? If yes, please brefly describe the information on the publication(s), such as the title, circulation and subscription.
Boletim da Ordem dos Advogados (BOA) - issued monthly, it is sent free of charge to every lawyer. It is also available in stands, for public in general. Circulation - 30.500.
Revista da Ordem dos Advogados (ROA) – issued three times a year (usually). ROA is available for lawyers free of charge, under request. The ROA is an academic journal containing legal theory, doctrine, commented case law. It also publishes the OA’s rulings, regulations and opinions. Circulation – 12.500.
Newsletters (from the General Council’s Library):
Correio Jurídico – Weekly – news about legislation, regulations, case law, reports, national and international events in the field of justice, etc.
Novidades Bibliográficas – sent every three months – information about new books available in the Library (also listed on the Library’s webpage)
All of the above are available free of charge in the OA’s Website www.oa.pt
Some Regional Councils occasionally publish their own newsletters or Bulletins.
II. Attorney System in the Country/State, etc.
1. Other Bar Associations
If there are more than one lawyers’ association in your country (or state, region, etc.), please list the number, names, and roles of those associations and briefly explain your relationship with them.
No. Ordem dos Advogados is the only public association (nationwide) representing all professionals who practice law (advocacia) under the rules and regulations.
2. Number of Attorneys
29721 Active Lawyers
3. Code of Ethics and/or Rules of Professional Conduct
Do you have a code of ethics and/or rules of professional conduct? If yes, please fill in the title(s) of the code/rules.
Our Deontology is laid in the Portuguese Bar Association’s Statute.
Our Bar Association has also adopted the Code of Conduct for European Lawyers (CCBE’s Code of Conduct), binding for Portuguese Lawyers in cross-border cases.
4. Disciplinary Functions
Which institution has the authority to take disciplinary measures against practicing attorneys? What is the legal foundation that gives it the power to take such measures?
The Bar Association, through Deontology Councils (ethics first instance) and Superior Council, carries exclusive disciplinary jurisdiction over lawyers and trainee lawyers. Its disciplinary powers derive from our bylaws (the Bar Association Statute). Lawyers or interested parties may appeal against final decisions or rulings taken by the Bar Association, acting before Administrative Courts.
5. Practice by Foreign Attorneys
Are foreign attorneys permitted to practice law in your county (or state, region, etc.)? If yes, please briefly describe the requirements to be admitted as a foreign attorney and the scope of their practice.
Yes.
Foreign Lawyers may practice in Portugal according to different regimes, depending on their country of origin. Brazilian Lawyers registered before Brazilian Bar Association (OAB), for instance, have a preferential regime of admittance to our Bar.
An EU Member State lawyer, authorized to practice in his or her respective country, may also practice in Portugal (according to national rules under Directives 77/249/EEC and 98/5/EC) through 3 different regimes:
a) Provision of Occasional Services, on an occasional basis, with his home title – Required to previously advise the Bar Association’s General Council’s services that he or she will provide occasional services in Portugal. If a case is pending within court, they need to have a Portuguese Lawyer responsible to go along, before the court or public department.
b) Practicing on a permanent basis with the home title – Required to former register before the Bar Association’s Regional Council. Also requires a Portuguese Lawyer responsible if legal representation before courts apply.
c) Membership in Portuguese Bar Association also as Advogado, in the same circumstances as Portuguese lawyers – Requires registration in the Portuguese Bar Association.
In order to represent clients before Portuguese Courts, a EU lawyer practicing under his home title needs guidance of an Advogado duly registered in Portuguese Bar Association, power of attorney need to clearly estate that quality since the guidance has to be actually performed (number 2 of article 29 Regulation 913C/2015 from December 23rd.
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