Summary.
The draft bill amends Article 2 of Law 350 of 2022 concerning the certificate authorizing the practice of law. It provides that the Supreme Court of Justice (Corte Suprema de Justicia) grant the certificate only to Panamanian nationals holding a degree in Law or in Law and Political Science. The degree may be issued by a public or private university authorized to operate in the Republic of Panama (República de Panamá), provided the law recognizes its official standing. A degree from a reputable foreign university would also qualify after validation by the University of Panama (Universidad de Panamá), unless an international agreement expressly and precisely exempts the applicant from validation.
An applicant must also satisfy at least one of three alternatives. The first is to pass a professional examination assessing analytical ability in legal matters. Both graduates and students who provide a certificate showing completion of all courses in their degree program may take it. The second is to provide a certificate from the higher education institution from which the applicant graduated confirming that the degree completion option involved preparing and defending a thesis. The certificate must state the grade obtained, and the applicant must also supply a physical or digital copy of the thesis.
The third alternative is volunteer service for three (3) months or its equivalent in hours (480 hours). Service may be performed in offices and courts of the Judicial Branch (Órgano Judicial) and the Public Prosecution Service (Ministerio Público), as well as in public institutions whose units take part in processing and resolving legal matters. The applicant and the institution agree on the schedule, which may include rotating shifts, nights or weekends. Hours may be accumulated from the second year of university studies through part-time schedules and service at multiple institutions. The work must provide legal or administrative support connected with legal practice. It may include assistance with hearings and proceedings, but the volunteer may not act as legal representative, perform acts reserved to practicing lawyers or practice law independently.
Proposed Article 2-A identifies who may sign service certificates: authorities of the relevant area or unit, human resources, or the person in charge of its legal department. It requires the Fourth Chamber for General Business (Sala Cuarta de Negocios Generales) of the Supreme Court of Justice to accept those certificates as legally valid. The provisions would apply to pending applications when more favorable to the applicant. Earlier theses and service hours would count if duly certified. Applicants rejected solely because they did not prove publication of a thesis, or because of criteria concerning where, when or how volunteer service was performed, could apply again. Documents and procedural steps already submitted would remain recognized. The proposed law would take effect upon promulgation.
The bill concerns the Supreme Court of Justice, its Fourth Chamber for General Business, the University of Panama, the Judicial Branch and the Public Prosecution Service. It could affect prospective lawyers, higher education institutions and public bodies receiving volunteers.
What it proposes.
- Requirements for the certificate authorizing the practice of law.
- Examination, thesis and volunteer service alternatives.
- Service certification and treatment of earlier applications.
Who it would affect.
- Applicants for authorization to practice law.
- Higher education institutions certifying theses.
- Public bodies receiving and certifying volunteer service.
- The Supreme Court of Justice.
Key points.
- The Supreme Court of Justice would grant the certificate to Panamanian nationals holding the required law degree, earned locally or validated if issued abroad.Art. 1
- The professional examination would assess legal analytical ability and could be taken after completion of all degree courses.Art. 1
- A thesis would qualify as an alternative if its preparation, defense and grade are certified and a copy is supplied.Art. 1
- Training-oriented volunteer service could be completed across several institutions and schedules, without independent practice of law.Art. 1
- The new Article 2-A would specify who certifies service and require acceptance of those certificates as legally valid.Art. 2
- More favorable rules would apply to pending applications and allow duly certified earlier theses and service hours to count.Art. 3
- Certain applicants whose requests were rejected could apply again while retaining recognition of documents and procedural steps already submitted.Art. 3
- The bill identifies the amendment and addition to Law 350 of 2022 and sets its commencement upon promulgation.Arts. 4-5