Spanish law is facing one of its biggest dilemmas in recent years. The coronavirus pandemic has made its services necessary for many people: inheritances, claims, defaults on rent or mortgages, self-employed, ERTE ... All the legal problems and doubts associated with these matters have caused many law firms, especially in Madrid , the region most affected by the health crisis, are offering free or pro bono services to those affected. At the same time, this is causing complaints from his colleagues.
Leaving aside some sporadic behaviors that many lawyers describe as "negligible", from "some who are offering discounted services in funeral homes and hospitals", the problem is almost conceptual: the Code of Ethics of the Legal Profession, in its article 6.c, Literally prohibits "the offer of professional services, by itself or through third parties, to direct or indirect victims of catastrophes, public calamities or other events that would have produced a large number of affected people and their heirs and successors in title, at times or circumstances that determine the free choice of lawyer and, in no case, until 45 days have elapsed since the fact. "
The detail is that what is prohibited is "the offer of services", that is, advertising. In fact, that article of the code is the one that regulates the way of advertising of the guild. Therefore, the fact of providing these pro bono services is not prohibited. Services, by the way, that does not cover the shift.
But on the other hand, if services are not offered, how to reach the affected person? Should he reach the lawyer by himself, even if he does not have the means or knowledge of his possibilities to sue? Should these standards be maintained or modified in alarm, now that so many standards are changing?
Background information
The Madrid Bar Association (ICAM), for the moment, has five "prior information" regarding some of these complaints open. The first arrived a few days ago from the Association of Lawyers for a Decent Duty Shift (Altodo) to the Association of Christian Lawyers, the Hereda law firm and the Cremades-Calvo Sotelo office. The Free Association of Lawyers (ALA), also denounced them in those first moments. And the three law firms have already withdrawn their respective offers of help, unless when the Deontological Commission of the Colegio de Madrid and its dean on the matter rule something has changed and they can get it out again.
But it is not just three reported offices. In Madrid there may already be dozens of complaints to the ICAM to anyone who announces something regarding legal advice to those affected by Covid-19. The law firms Broseta, Ontier, Écija, Rödl & Partner, Squire Patton Boggs have already been denounced ... Many of them appeared this past Tuesday in a report by the Expansión newspaper, which recounted their initiatives; Actions not only to provide legal services to those affected, but also include steps for their clients to make donations of medical supplies, for example.
The General Council of Lawyers and ICAM have also spoken publicly against advertising these services, recalling that the regulations prohibit advertising and alluding to unfair competition and the public image of the union. And among the many denounced is the firm Ospina Abogados, whose owner, Juan Gonzalo Ospina, is precisely a member of the ICAM Governing Board. And they denounced him not for putting his own ad to attract customers, but for recording a video on Instagram as a specialist guest to answer questions and advise on the scams associated with the virus.
At the same time, the former dean of ICAM, Sonia Gumpert, published in 2014 a school guide on pro bono work, which precisely recommends publicizing it in the media and on the internet.
A mess.
In Barcelona, another of the areas most affected by the pandemic, its Illustrious Bar Association is in line with the prohibition of this practice: "The conduct of addressing victims of Covid-19 advertising legal services for them is contrary to professional deontology and this is included both in the Catalan Advocacy regulations and in the Code of Ethics of the Spanish legal profession ", they explain to this newspaper.
Rejection of other schools
"In the face of this health crisis that is causing so much pain due to the loss of loved ones, it is more necessary than ever to refrain from advertising or offering professional services, whether by themselves or through third parties, to direct or indirect victims, and so it is imposed verbatim Article 6.3 c of the Code of Ethics for the Spanish Legal Profession ", recalls the dean of the ICAB, Maria Eugènia Gay.
And the dean adds: "For this reason I want to show, on the one hand, my deepest rejection of these practices and, in turn, I consider it fundamental to point out that the behavior of the legal profession must be more exemplary, ethical and in accordance with the deontology standards of the profession".
At the Malaga Bar Association, its dean, Javier Lara, explained to this newspaper that precisely this Tuesday it was agreed to "take five law firms to Deontology for advertising their services. And not all cases are the same, because some seek to attract clients others tend to be pro bono. "
For Lara, "with the Code of Ethics in hand, you cannot offer these services in a general way to the population, without distinction, because you can create the feeling that you are looking for an advertising revenue in the form of an image. Even if you do not charge for this reason, the altruistic campaign is associated with the firm and can suppose unfair competition towards the other law firms. "
So ... should lawyers stay home, doing nothing? They can do, yes, but without advertising. Now there are many groups that have improvised and publicized social aid measures, and many companies that are donating materials, work or money to the cause. Obviously, that generates a better image for them in society, but there is no controversy among the lawyers, [big fans to discuss, on the other hand].
What can be done?
What solution do schools offer so that lawyers know what they can do? Do you want to regulate aid? Or lead it? Does it harm the little ones, who take out their salary case by case, that others want to help for free?
In Madrid, for example, ICAM has made a database available to companies , to which more than 600 firms have already signed up to offer free advice. It is a first advice, which depending on the case could end in a paid or unpaid assignment. But the school is not advertising it too much either, with which many possible users have not found out.
In Malaga , the school is considering these days to give shape to an initiative in which the institution is the one that provides this service, referring the orders to lawyers, but the school assuming them for the time being, although at the moment this is an idea that has to crystallize .
In Barcelona, where there have not been so many pro bono initiatives or, therefore, complaints, more than 1,500 telephone inquiries on family law, labor law, mortgage payments or inquiries regarding the payment of homes and schools have been answered since confinement.
Aid for lawyers in BCN
In addition, they have launched aid to the union, which with almost all paralyzed Justice also has its problems: "The Government Board that I lead has approved a package of economic measures in the short and medium term with the aim of facilitating day to day of the legal profession and their families in the face of the uncertainty caused by the spread of Covid-19 and the prolongation of the state of alarm, "explains the dean.
"The measures foresee that the collegiate and collegiate can avail themselves of four gradual scenarios, depending on the degree of complexity of their situation in relation to the postponement of quotas, which can be between 3 and 6 months. Precisely for the most serious cases, the Board will study case by case and may agree to exempt payment of all or part of the installments extended to the members who have requested to postpone payment of a semester of fees, once the period of deferment has elapsed and the circumstances have been proven of necessity, "adds Gay.
In addition, the ICAB Governing Board has also agreed to allocate 100,000 euros for grants for the social work of the Degà Ignasi Foundation in Gispert, for lawyers and lawyers in a more delicate and vulnerable situation, according to the college.
In any case, all this controversy highlights the cultural differences with Anglo-Saxon law. In the US, for example, Paul, Weiss, Rifkind, Wharton & Garrison, one of the big firms in New York, is campaigning for lawyers from all over the country to provide free services to the population. The American Bar Association, known as the American Bar Association, although not exactly that, is also a supporter of the pro bono.
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