American Bar

	The American Bar official website Since 1918

Country Name

Legal descriptions

PORTUGAL

The term for a lawyer in Portugal is Advogado. Partnerships and Law Firms are permitted. The term for a Law Firm in Portugal is Sociedade de Advogados, and the rules of formation are established in Decreto-Lei n.° 229/2004, de 10 de Dezembro. The requirements for admission to practice are a law degree from any officially recognized university in Portugal, followed by a two-part practical professional training period (estágio) for a minimum period of two years, supervised by a Patrono (trainer lawyer) with at least five years experience. The first training period is six months and the second training period is eighteen months; satisfactory performance during the first period is required for entrance to the second period. At the end of the second period, the Advogado Estagiário (trainee advocate) is required to pass the written and oral Bar Exam in order to be admitted as an Advogado. During the training period, the Advogado Estagiário may practice as a privately instructed court lawyer or as appointed under a legal aid scheme and may appear in criminal proceedings except serious indictment cases and in civil proceedings where the value of the subject matter is within the jurisdiction of the first instance court. Trainee advocates may also appear in any other proceedings provided they are under supervision of the Patrono. Registration in the Ordem dos Advogados (Portuguese Bar Association) is required to act as an Advogado in the national territory. After admission to practice, an Advogado may appear before any court in Portugal. A Solicitador is a legal practitioner who is required to register with the Câmara dos Solicitadores. The requirements to become a Solicitador include a high school education, one year of practical professional training supervised by a Solicitador and an examination of aptitude following the practical training. Solicitadores work is more restricted than that reserved to Advogados, but includes general legal and business advice, negotiation for sale and purchase of real property and the drafting of wills, trusts and settlements. Solicitadors have the rights of audience only in those courts whose jurisdiction does not require Advogados. Lawyers from another European Union Member State may practice in Portugal under their professional country titles; however, for the pursuit of activities relating to the representation or defense of a client in legal proceedings, they are required to work in conjunction with a lawyer registered in the Ordem dos Advogados. Foreign lawyers may be admitted to practice on a reciprocal basis; this applies in particular to Brazilian lawyers.

The Notário (notary) profession has undergone structural changes. Formerly the Portuguese Notário was a public official working under the Ministry of Justice. Now the Notário is an independent, impartial and liberal professional with delegation of public powers. The Notário is simultaneously a public official that confers authenticity to documents and is in charge of his archive. The Notário is required to possess a law degree from any officially recognized university in Portugal, followed by an Estágio (practical professional training period) for a year and a half supervised by a Notário Patrono (trainer notary) with at least seven years experience. In the last twelve months of the training period, the Estagiário (trainee notary) may provide notary services provided they are authorized by his Notário Patrono and performed under his supervision. Satisfactory performance during the training period is required to apply to the national exam which the Estagiário must pass in order to be admitted as a Notário. Registration in the Ordem dos Notários (Portuguese Notary Association) is required to act as a Notário in the national territory. There is a system of Inumerus clausus and the number of licenses is limited. The official language of the courts is Portuguese.

Please note: In view of the impact of the Bologna Process on the structure and duration of law degrees conferred by Portuguese Universities, the Bar Association has presented a proposal to revise the Bar Association Statute concerning the requirements for admission to practice. This proposal is pending a decision from the Government and the National Parliament.