This is an article that I am writing as a street lawyer in Lanzarote, and not as a delegate of the Venia Lawyers Union in Lanzarote (which I
I clarify to avoid misunderstandings).
The successive strikes of the administration of justice are causing, among many other effects, that lawyers and solicitors become aware of our rights (labor, economic and social). Those that lawyers/as and solicitors/as have and although the administrations due to the absence of adequate pressure have not positivized them until now. Now it is the turn of lawyers and solicitors to "defend themselves".
We could specify the main demands at the national level, and under a centralizing perspective (the opposite has led us to where we are), and for a change, in the following:
1st.- NATIONAL LEGAL STATUTE OF THE LAWYER/A AND THE SOLICITOR/A
Where the rights of lawyers and solicitors of a labor nature (strike, conciliation, etc.), economic and social rights are expressly contemplated both in the provision of public services (SOJ, legal assistance and duty shift) and in the private sphere.
2nd.- NEW NATIONAL SINGLE DUTY SHIFT SCALE
New scale based on the current highest, multiplying its current amounts by a figure according to the times, and automatically updated on January 1 of each year according to the CPI services sector, contemplating other actions carried out and not currently remunerated, both for lawyers/as and solicitors/as.
3rd.- NEW GUIDANCE FEE CRITERIA FOR THE PURPOSE OF ASSESSMENT AND ACCOUNT CLAIM, OF NATIONAL SCOPE BINDING FOR COLLEGIATE AND JUDICIAL PURPOSES AND SOLICITORS' FEES
New Criteria based on the current highest, multiplying its current amounts by a figure according to the times, and automatically updated on January 1 of each year according to the CPI services sector, contemplating other actions carried out and not currently remunerated. And the same for Fees.
4th.- CREATION OF LINES OF AID AND INTEREST-FREE FINANCING AT THE EXPENSE OF COLLEGES AND MUTUAL SOCIETIES, FOR LAWYERS/AS IN ORDER TO ALLEVIATE THE LOSSES DUE TO THE STRIKES OF THE ADMINISTRATION OF JUSTICE (OR OTHER SIMILAR EVENTS) AND COMPLY WITH ECONOMIC COMMITMENTS
The lines of aid must be configured at the expense of the surplus of colleges and mutual societies, based on economic parameters, which accredit the percentage of economic losses of lawyers and solicitors and the amount of such aid based on simple and transparent tranches. The financing lines, which can be accumulated to the aid, must
should be configured in a similar way, establishing a reasonable amortization period, and without interest.
5th.- CREATION OF A SPECIAL SS REGIME WITH INTEGRATION OF LAWYERS/AS AND SOLICITORS/AS AFFECTED TO A PUBLIC SERVICE (DUTY SHIFT), WITH INTEGRATION OF THOSE CURRENTLY FRAMED IN RETA AND THOSE CURRENTLY FRAMED IN MUTUAL SOCIETIES WHO WANT TO MOBILIZE WHAT HAS BEEN CONTRIBUTED TO THE SS
Consideration of the framing, to be determined. With framing and registration ex officio with retroactive effect from its beginning until the cessation in the provision of the same. Fees to be paid by the Administration (central or autonomous depending on the case). Identical benefits to those of employed workers. Integration in such special regime of lawyers/as and solicitors/as in RETA. Integration in such regime of lawyers/as in Mutualidad de Abogacía and solicitors/as in Mutualidad de Procuradores, who choose to mobilize what has been contributed and integrate it into the SS for the perception of the benefits contracted with the corresponding Mutual Society in the forms determined therein.
6th.- RECONFIGURATION OF REPRESENTATION BODIES AND FUNCTIONING REGIME INSTITUTIONAL-CORPORATE CONGLOMERATE
By means of a Law, with content to be negotiated, suppressing everything unnecessary.
7th.- NEW LAW OF FREE LEGAL ASSISTANCE AND REGULATION OF NATIONAL SCOPE
Of national scope, adapted to the reality of the times, with content to be negotiated, centralizing the autonomous competences of the Ministries of Justice in this matter (Free assistance, management and operation of the shift, etc.) being assumed by the Ministry of Justice, in order to eliminate inadmissible inequalities and territorial asymmetries, entrusting to the
same the management of immediate payments, after justification of the beginning of the provision of the service, to the providers of such public services, regardless of whether there is or is not recognition of the right to free legal assistance.
8th.- ADOPTION OF URGENT MEASURES IN THE IMPLEMENTATION OF NEW TECHNOLOGIES IN COLLEGES AND IN THE ADMINISTRATION OF JUSTICE
With the purpose of improving the management of the duty shift (in coordination with the Administration of Justice) including a unification of platforms, applications and functionalities in the collegiate field for lawyers and solicitors, prioritizing the implementation of Artificial Intelligence (AI). AI does not take away work: it replaces the work of those who do not contribute anything of value.
To undertake all this is a matter of an organization that represents us, serious, solvent and apolitical that is willing to run this marathon.
Eduardo Máximo Morato López / Lawyer in Lanzarote