Can a public official practice as a lawyer without needing to complete

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As is known, Law /, of October , on access to the professions of Lawyer and Court Attorney, establishes that in order to practice both professions, it is necessary to obtain the professional title of lawyer and Court Attorney. , in order to guarantee citizens' access to quality advice, legal defense and technical representation. However, there are several exceptions to this general rule. Among them and as far as we are concerned here and now, the Third Additional Provision of the meritorious body of regulations, which has as its general heading “professional practice of public officials” , establishes that: “the performance of personnel at the service of the State, of the Constitutional Bodies, Public Administrations or public entities before Courts and Tribunals in the performance of the functions of the position will be governed by the provisions of article of Organic Law /, of July , of the Judiciary, and other applicable legislation, they will not require the title of lawyer or attorney. Likewise, it expressly states that “Public officials who have accessed a body or scale of group A in their capacity as law graduates will be exempt from obtaining the title of lawyer or the title of court attorney for the purposes described in the article.

Those who have joined the Corps of Lawyers of the Cortes Generales, in any of the bodies of lawyers of the autonomous legislative assemblies, in the Judicial Career, in the Fiscal Career, in the Corps of Judicial Secretaries, or in any of the the common bodies of the Armed Forces in their capacity as Law Canada Mobile Number List graduates.” In any case, in order to make both professions (public and private) compatible, they must be expressly authorized by the Public Administration to which they provide service. This is provided in article of Law /, of December , on incompatibilities of personnel in the service of Public Administrations, by virtue of which, it can be read: “ The exercise of professional, labor, commercial or industrial activities outside the Public Administrations will require prior recognition of compatibility.



The reasoned resolution recognizing compatibility or declaring incompatibility, which will be issued within a period of two months, corresponds to the Ministry of the Presidency, at the proposal of the Undersecretary of the corresponding Department; to the competent body of the Autonomous Community or to the Plenary Session of the Local Corporation, following a report, where appropriate, from the Directors of the Public Bodies, Entities and Companies.” However, as the preceding article expressly states, said authorization of compatibility is required to be able to carry out the effective exercise of the professions of lawyer and attorney. Therefore, from my point of view, it is possible that the official can become a member (as a practicing or non-practicing person), without having to previously request compatibility authorization, as long as the second activity of private nature. As a sample of this last statement and for illustrative purposes, it is worth mentioning the provisions of the Superior Court of Justice of Castilla y León of Valladolid, Contentious-Administrative Chamber, Sentence of January.