Deontology and Solicitorship History

The course imposes, previously, a strong preparation on the political-constitutional-and-administrative organization of Portuguese society, which is provided, in the Course, through the subjects of Introduction to Law, Constitutional Law and Administrative Law. Naturally, values also come from formal and informal instances of social control, to which students, as citizens, are subject. Values are a kind of “magma” or “incandescent lava”, in such a way that, nowadays, fundamental rights and freedoms are acquiring new normative dimensions, hence the importance of affirming the need to fight for a «higher affirmation fundamental rights’. This is, in addition to the fight against inequity and injustice, one of the great objectives of the profession.

The teaching method is theoretical-practical, appealing, essentially, to a critical participation of students, simulating, here and beyond, theoretical-practical situations, similar to those they will know in forensic life. More than expository teaching, inclusive, provocative-to-criticism and student participation are required.

To evaluate the psychological and social profile of the student with the purpose to assess if the student possesses the minimum necessary ethical and social to the performance of the forensic profession the one that if candidate with the conclusion of the present Course.
Awareness of student for the disciplinary and criminal liability who can derive from “a not deontological” exercise of the solicitor profession (Solicitadoria). Prepair and training for entry into the Order of Solicitors and Enforcement Agents or start of forensic activity, in an office or professional society.

Part I – Brief History of Ethics and Professional Deontology of Solicitors and Enforcement Agents: from its birth in Antiquity to its affirmation in the face of the challenges posed at the threshold of the 21st century.

Chap. I – The dogmatic and scientific autonomy of the discipline.

Chap. II – Historical sketch.

Part II – Being Solicitor and Enforcement Agent at the beginning of the 20th century. XXI.

Chap. I – The role of the Solicitor and the A.E.

Chap. II – From the Chamber of Solicitors to the current OSAE.

Chap. III – The inscription (provisional).

Chap. IV – Disabilities, incompatibilities, impediments and lack of suitability

Chap. V – Typical Acts.

Chap.VI – The exercise of solicitor and “executive agency”.

Chap. VII – Societies of Professionals.

Part III – The deontological duties of Solicitors and AE and Professional Societies.

Chap. I – The typology of deontological duties and their dogmatic justification.

Chap. II – The “general” duties.

Chap. III – Other general deontological duties.

Chap. IV – “General” deontological duties in the context of disciplinary responsibility. Chap. V – The specific deontological duties of solicitors.

Chap. VI – Specific deontological duties of the A.E. and their professional societies.

Chap. VII – Deontological duties of Professional Societies.

Part IV – Costume, image, information and publicity of OSAE Associates.

Chap. I – The role of the costume.

Chap. II – Information and publicity for OSAE Associates.

Part V – Provisions, fees and exemption from remuneration for forensic services of OSAE Associates.

Chap. I – Provisions and fees.

Chap. II – Provisions, fees, fees and emoluments.

Part VI – The deontological duty to keep professional secrecy, confidentiality or reservation.

Chap. I – The importance of professional secrecy.

Chap. II – The “lateral” protection.

Part VII – Civil liability, disciplinary.

Chap. I – Professional civil liability.

Chap. II – Disciplinary responsibility.

Chap. III – Criminal liability.

Part VIII – Social Security for Lawyers, Solicitors and Enforcement Agents.

NAO

– SILVA RODRIGUES, B., Da Ética e (História da) Deontologia Profissional dos Solicitadores e Agentes de Execução, 5.ª Edição, Revista e Ampliada, Rei dos Livros, Lisboa, 2023.

– SILVA RODRIGUES, B., Dos (Novos) Estatutos (da Ordem dos) Solicitadores e (da Ordem) dos Advogados, Código Deontológico dos Solicitadores e dos Agentes de Execução e Legislação e Regulamentação Fundamental, 8.ª Edição, Revista, Atualizada e Reformulada, Rei dos Livros, Lisboa, 2022.

– SILVA RODRIGUES, B., O Estatuto (da Câmara) dos Solicitadores (e Agentes de Execução), Anotado e Comentado, Legislação e Regulamentação Complementares,

Quid Juris – Sociedade Editora, Lisboa, 2010.
– SILVA RODRIGUES, B., O Estatuto dos Solicitadores, Anotado e Comentado,
Distribuição: Coimbra Editora, Coimbra, 2008.