Consiglio dell’Ordine degli avvocati di Milano (Milan Bar Association), with offices at Via C. Freguglia 1, Milan, Italy, in the person of its President and legal representative avv. Remo Danovi
The Portuguese Bar Association (Ordem dos Advogados) with offices at Largo de São Domingos, 14, 1º, 1169-060 Lisboa, Portugal in the person of its President and legal representative Dra Elina Fraga
(together “the parties” or “the signatory organizations”)
a) Milan Bar Association is an organization representing lawyers in Milan;
b) Portuguese Bar Association is an organization representing lawyers in Portugal;
c) The need for international cooperation in judicial matters and for harmonization of laws within the International Community is increasingly felt as a result of the ever growing movement of people and things;
d) The Parties consider that also an awareness and exchange of information concerning the laws regarding the legal profession and legal practice in their respective countries should be encouraged, with a view to both improving domestic practice and laying the groundwork for international cooperation and collaboration aimed at harmonizing the rules governing role, aims, and code of ethics of the legal profession in the respective countries;
e) Furthermore, it is important that qualified lawyers and trainees of the Bar Associations which are signatories to this agreement have the opportunity to spend periods of training and internships in the other Party’s country in order to acquire a better knowledge of legal practice in that country;
f) The signatories intend to cooperate to further an awareness of the respective laws regarding the legal profession and work more closely together and create the conditions for joint participation in international projects and common initiatives fostering exchanges of opinions and the interests of the legal profession in general.
THE PARTIES NOW AGREE AS FOLLOWS
1) Each Party is willing to involve the other Party in European Union projects or other international projects which it intends to take part in and that include the possibility of involving other Law Societies/Bar Associations.
2) Parties will promote the possibility of training and internships or traineeships in law firms selected by each signatory Bar Association for professionals, young lawyers or trainee lawyers sent by the other Party, on condition that each Party acknowledges the validity of the training period or legal practice carried out in the other country. Conditions shall be agreed upon by separate agreement.
3) At least twice yearly, Parties will promote the possibility of organizing meetings on international legal issues or on comparative law matters, undertaking to inform the other Party of the event and inviting such party to take part with a speaker. Similar communication and participation shall be reciprocally assured in relation to both online and hard copy editorial initiatives of international interest or involving comparative law undertaken by the parties.
4) With a view to favouring reciprocal awareness of each other’s laws regarding the legal profession and legal practice in the two countries, the signatory organizations undertake to:
- reciprocally provide information on the respective law and rules applicable to the legal profession, with particular reference to the rights and duties of lawyers, the organization of the Profession, the code of ethics and advocacy;
- respond to requests for information or consultation which may be made by the other Party;
- provide information on meetings, congresses, seminars, courses or study groups concerning international or comparative law matters organized by, or with the support of, the other Party and which have to do with principles, rules, rights, and duties inherent to the legal profession.
Parties undertake to exchange information to be provided to their members on matters regarding the moving of a lawyer to the other Party’s country, with particular reference to rules and code of ethics governing the legal profession applicable in the other country.
5) In addition to the above, Parties intend to collaborate and cooperate in the following manner:
- exchanging information on the law and orientation of the Courts in the areas of law of common interest; in particular to promote initiatives concerning international and comparative law:
- informing the other Party of training initiatives which may be of interest to that Party, due to their international or comparative law nature;
- cooperating to the extent possible, in compliance with national and EU laws or treaties, in legal training initiatives and in activities organized or promoted by the other Party:
- promoting and facilitating cultural exchanges between lawyers and trainee lawyers of the respective Bar Associations;
- defining the principles and fundamental values which should inspire legal practice as points of convergence between signatory Bar Associations and those of other countries in order to establish a common defence of the interests of lawyers;
- organizing meetings and consultations when an issue involving the role and the protection of the rights of the legal profession arises, also at international level;
- cooperating in the protection of the role, the code of ethics and the rights of lawyers and of the institutions which represent them, assuming either a common position or the most aligned position possible, within international organizations and allowing common initiatives and measures concerning the interests of the profession to be adopted.
6) For the purposes of facilitating reciprocal exchange of communications, information, documents and relations with the respective administrative offices, each Party shall identify a person responsible for relations with the other Party and provide the relative contact details, by a separate letter.
The manner and form of sharing the aforementioned information shall be agreed subsequent to the execution of this agreement.
In exchanging information each Party shall take into consideration the restrictions imposed by national data protection rules.
This agreement shall enter into force at the time of the signature by both the parties and shall remain effective until terminated with six months prior notice in writing by one Party to the other.
Lisbon , 7th July 2016
Consiglio dell’Ordine degli avvocati di Milano
(On behalf of the President and legal representative of the Milan Bar Association, adv. Remo Danovi)
Adv. Pier Filippo Giuggioli
Bastonária da Ordem dos Advogados
(President of the Portuguese Bar Association)
Dra. Elina Fraga