In order to refer to the Italian word Avvocato, there are different equivalent terms in English languages: lawyer or solicitor, in UK and Ireland, and Italian attorney, used in the United States.
The path to a legal career in Italy is quite long and arduous. At first it is necessary to complete an undergraduate degree (Laurea in Scienze Giuridiche, three years), followed by a two-year graduate degree (Laurea Specialistica in Giurisprudenza), or eventually the five-years master degree (Laurea a ciclo unico Magistrale in Giurisprudenza). After gaining a degree in Law, the potential Italian attorney needs to start a two-year internship in an established law firm. At the completion of this internship, the potential candidates have to undertake a very difficult professional examination (Bar Exam).
Only after passing the Bar Exam, is the candidate entitled to be considered as an Italian attorney, and to practice Italian law nationwide in Italy, not simply within the geographical area of jurisdiction in which the examination has been passed.
Competences of Italian attorneys are wide, comprising civil, criminal, labor, bankruptcy, financial, administrative, inheritance and succession cases, proceedings and appeals in law courts. The next step permitting recognition as a legal professional is the registration with the Italian Law Society (Consiglio dell’Ordine degli Avvocati).
Ethical rules are essential in the Italian attorneys’ performance of their office. First of all Italian attorneys must base their conduct on the respect for the duties of integrity, dignity and decorum. Failure to comply with the ethical code of conduct will lead to disciplinary proceedings. The legal profession must be carried out with honesty and integrity, so that it is not possible for an Italian attorney to initiate a legal action or take action in a proceeding acting in bad faith. At the same time, the legal code of conduct safeguards the clients, since an Italian attorney has the duty to carry out his/her duty with loyalty towards the client. For that reason an attorney behaving contrary to clients’ interests, as well as taking on a case that an attorney knows s/he is not competent to is considered a violation of the code of conduct.
Another fundamental duty for an Italian attorney is confidentiality, which refers to the services carried out and information given to him/her by the client or known in other circumstances. The same remains valid for information about former clients, and in cases where the attorney does not agree to represent a specific person.
The relationship between an Italian attorney and his/her clients is fundamentally based on trust: the attorney is obliged to defend client’s interests as well as possible within the framework of legal representation and in compliance with the law and the ethical principles of the legal code of conduct.
Please note, any statement made in this article is intended to be a general practical introductory explanation only and not formal legal advice. This firm accepts no liability or any responsibility for any statement made.