Summary.
Art. 1 proposes to amend Article 2 of Law 350 of December 21, 2022. Under the proposed wording, the Supreme Court of Justice (Corte Suprema de Justicia) would issue a certificate of professional qualification to practice law only to a person who meets the listed requirements. An applicant would have to be a Panamanian national and hold a bachelor’s degree in Law or in Law and Political Science. If the degree was awarded in the Republic of Panama (República de Panamá), it would have to come from a public university or a private university duly authorized to operate there, and the law would have to recognize its official validity.
The same article addresses degrees awarded abroad by a university of recognized standing. In that situation, a degree in Law or in Law and Political Science would first have to be validated by the University of Panama (Universidad de Panamá). The proposal exempts an applicant from validation where an international agreement releases the applicant from that obligation in exact and precise terms. Prior validation is therefore a condition for issuing the certificate on the basis of a foreign degree, subject to the express exception for such agreements.
Arts. 2 and 3 of the draft bill provide, respectively, for the complete repeal of Articles 3 and 5 of Law 350 of December 21, 2022. Art. 4 proposes new wording for Article 9 of that Law concerning how public servants act in matters involving the practice of law. It covers a public servant who accepts a person who is not professionally qualified to practice law as a legal representative, adviser, or spokesperson. It also covers anyone who, in any way, facilitates, authorizes, permits, or sponsors the unauthorized practice of law.
For those acts, the proposed Article 9 sets a thirty-day suspension from office for the first occurrence and dismissal in the event of a repeat occurrence, without prejudice to the internal regulations of the institution where the public servant works. The same penalties would apply to a public servant who refuses to accept a lawyer’s professional action or who, for any reason, obstructs or restricts the practice of the profession. Art. 5 identifies the amendments to Articles 2 and 9 and the complete repeals of Articles 3 and 5 of Law 350 of December 21, 2022. Art. 6 provides that the measure would take effect upon promulgation.
The proposal assigns the Supreme Court of Justice a role in issuing certificates and the University of Panama a role in validating foreign degrees. Its provisions also concern universities awarding law degrees, lawyers and prospective practitioners, public servants who receive lawyers’ professional submissions, and the public institutions in which those servants work.
What it proposes.
- Requirements for obtaining a certificate of professional qualification to practice law.
- Validation of law degrees awarded abroad.
- Penalties for public servants who facilitate unauthorized practice or obstruct a lawyer’s work.
Who it would affect.
- Applicants for a certificate of professional qualification to practice law.
- Holders of law degrees awarded abroad.
- Public servants who receive or handle lawyers’ professional submissions.
Key points.
- The Supreme Court of Justice would issue a certificate of professional qualification only to applicants who meet the proposed requirements.Art. 1
- Applicants must be Panamanian nationals and hold an officially recognized law degree from a public or duly authorized private university in the Republic of Panama.Art. 1
- Degrees awarded by foreign universities of recognized standing require prior validation by the University of Panama, unless an international agreement grants an exemption in exact and precise terms.Art. 1
- Articles 3 and 5 of Law 350 of December 21, 2022, would be repealed in full.Arts. 2-3
- A public servant who accepts an unqualified person as a legal representative, adviser, or spokesperson, or facilitates unauthorized practice, would face a thirty-day suspension for the first occurrence and dismissal for a repeat occurrence.Art. 4
- The same penalties would apply to a public servant who refuses a lawyer’s professional action or obstructs or restricts the practice of law.Art. 4
- The draft bill identifies the provisions it amends and repeals and provides for entry into force upon promulgation.Arts. 5-6