ADVOGADOS


Introduction

Advocates (advogados) have very wide, and nearly exclusive, powers of representation in Courts and of legal consultancy.

The main provisions regulating the profession of Advogado are contained in the Decree law No.49/84 of 16 march 1984 (Estatuto da Ordem dos Advogados ) . The profession of advocacia is self-regulating. There is a national College of Advocates (Ordem dos Advogados) and seven district Councils thereunder with disciplinary powers and powers over the professional training of advogados. They have financial and administrative automony and are found in Lisboa, Porto, Coimbra, Évora, Faro, Açores and Madeira.

Legal Advice

By article 53 of the Decree Law No.49/84, legal consultancy is an exclusive power for advogados with a only a few exceptions.

Represention/Defence

Article 36 of the Code of Civil Procedure of 1961, applicable to both advocates and solicitadores, dictates that:

the mandate conferred by the party by verbal declaration in the records of the law suit grants powers to the holder of the mandate to represent him in all acts and procedure of the principal procedure and respective incidents, even in front of the Superior Court, without prejudice to the dispositions which require the grant of special powers to the mandate Article 32(1) of the Code of Civil Procedure makes it obligatory to use an advogado