The unauthorized legal practice in Portugal is a crime under Law No. 10/2024, of January 19. This illegal conduct, known in Portuguese as procuradoria ilícita, involves the performance of acts reserved exclusively for registered legal professionals. In English, it may also be referred to as illegal legal practice or unlicensed legal representation.
Performing legal services without registration with the Portuguese Bar Association constitutes a criminal offense.
What Is Unauthorized Legal Practice in Portugal
Unauthorized legal practice in Portugal means performing, assisting, or collaborating in acts legally reserved for lawyers or solicitors without official registration.
These legal acts include:
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Representation before courts;
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Contract drafting;
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Negotiation for debt collection;
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Providing legal consultation.
Importantly, only those registered with the Portuguese Bar Association are recognized as lawyers in Portugal. Foreign lawyers are not authorized unless registered locally.
According to Article 6 of Law No. 10/2024, legal consultation means offering legal advice through interpreting and applying legal norms at the request of a client. This service is restricted to authorized professionals (Consult the legislation to know the specific exceptions).
Impersonation of Lawyers
The unauthorized legal practice in Portugal is often combined with impersonation of legal professionals. This is defined under Article 358 of the Penal Code, when someone falsely presents themselves as a lawyer or solicitor, either explicitly or implicitly.
Connection to Illegal Immigration Assistance
Many cases of unauthorized legal practice involve fraudulent legal support to immigrants. Unlicensed individuals provide false legal services to foreign citizens, facilitating their illegal entry or stay.
Under Portuguese law, any action that facilitates or supports, by any means, illegal immigration is punishable, especially when using fake legal representation.
Why Legal Services Must Be Performed by Licensed Lawyers
In conclusion, unauthorized legal practice is not just a violation—it is a criminal offense. To avoid legal risks and ensure proper representation, always seek licensed professionals.
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