My name is Valeria Lux, I am 22 years old, and as a student aspiring to become a lawyer in Spain, I discussed the paths to becoming a lawyer in France or an "abogado" in Spain in my previous post (Training to become a lawyer in France and Spain). Today, I will summarize below the paths to follow to obtain the title of "avocat" in France or "abogado" in Spain when one already holds the title of lawyer in one of the two countries.

Once he has obtained the title of lawyer in one of the countries of the European Union, the "lawyer" or "abogado" can, if his usual practice in another country requires it, follow one of the two paths provided for by Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to be able to practice the profession in another country.

1. There are two possibilities for permanent practice in Spain:

a) Permanent practice under the original professional title

French lawyers wishing to practice law permanently in Spain will be required to register with the Spanish bar association in whose jurisdiction they establish their sole or principal professional address. Once registered, they will be included on a special list of "EU lawyers".

"Community lawyers" practicing in Spain with their original professional title (in our example a French lawyer) will be required to do so by expressly mentioning it and using their professional title "lawyer".

A lawyer practicing under their original title may carry out the same professional activities as those in the host country, with certain exceptions. In particular, they may provide legal advice relating to the law of their country of origin and the host country, as well as European and international law. However, they are required to work in conjunction with a Spanish lawyer (abogado) for activities related to representing and defending a client in legal proceedings.

Important : a lawyer practicing permanently in another EU country is required to comply with the professional and ethical rules of the host country, however, remains subject to the ethical rules of his country of origin.

b) Obtaining the title of "abogado".

A French lawyer can also obtain the professional title of the host country, which will allow him to acquire the status of Spanish "abogado" in all respects.

To do this he will need to:

  • Candidates must either demonstrate three years of effective and regular practice in Spain and obtain recognition from the Ministry of Justice based on their application.
  • Or, they must pass an aptitude test, the conditions of which are outlined in the decree of June 4, 2009, issued by the Directorate General for Relations with the Administration of Justice. The first test consists of solving a practical case study proposed by the Evaluation Committee from a selection of law subjects, such as civil law, labor law, criminal law, business law, and administrative law. Lawyers wishing to become "abogados" (lawyers) may choose their preferred area of expertise.
  • The second phase involves presenting the practical case study to the Evaluation Committee (composed of judges, law professors, and "abogados") at the Ministry of Justice headquarters in Madrid. This presentation is followed by a series of questions on the case study, the Spanish judicial system, and professional ethics, for a maximum of fifteen minutes. Emilie Poignon chose this second option in 2014.

2. In France, the process to follow is similar:

Decree No. 91-1197 of November 27, 1991, organizing the legal profession, provides for the possibility of choosing between permanent practice under the professional title of the State of origin or permanent practice under the French professional title.

a) Practice under the professional title of the country of origin:

A foreign lawyer submits their application for registration to the bar association of their choice. They must use their original professional title in the official language of the Member State where it was obtained. They have the right to practice in all forms of individual or group practice authorized in France.

b) Permanent practice under the French professional title:

A foreign lawyer may apply for registration with the bar and the use of the French professional title of "avocat" (lawyer) after three years of effective and regular practice in France under French law. The bar council must then assess the effective and regular nature of the practice and the applicant's ability to continue it.

Article 99 of the decree stipulates that a requirement is passing an aptitude test in French law, separate from the CAPA (Certificate of Aptitude for the Legal Profession). The application must be addressed to the President of the National Bar Council.

The aptitude test is administered at the Regional Center for Professional Training of Lawyers (CRFPA) chosen by the applicant. By reasoned decision, after analyzing the applicant's academic background and professional experience, the National Bar Council specifies the number of subjects, up to a maximum of four, in which an EU applicant must take the test. Each subject is assessed through a 20-minute oral examination. In the event that the candidate was required to take 4 subjects, the main test, set by the National Bar Council, is a 4-hour written test.

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