The University Master's Degree in Law is regulated by Law 34/2006, of October 30, developed by Royal Decree 775/2011, of June 3. In congruence with this, the Faculty of Law of the University of La Laguna - in collaboration with the Bar Association of Santa Cruz de Tenerife - starts, from the academic year 2014/15, the necessary training to facilitate the graduates in Law the exercise to the profession of lawyer, once passed the corresponding state test of aptitude.
This responds to the demand of society to provide qualified training to those who will be fundamental partners in the delivery of justice, for the quality of the service they provide, which directly results in the effective judicial protection that our Constitution guarantees to all the citizens.
This Master qualifies for the exercise of professional activities according to Royal Decree 775/2011, of June 3, which approves the Regulation of Law 34/2006, of October 30, on access to the professions of Lawyer and Attorney of the Courts.
Justification of the title
In accordance with the provisions of the Statement of Motives of Law 34/2006, of October 30, the regulation of the regime of access to the profession of lawyer in Spain is a requirement derived from articles 17.3 and 24 of the Spanish Constitution. In the field of comparative law, professional training to act before the courts of justice requires prior accreditation of graduates in legal sciences. Likewise, in Spain, the requirement for such training has been a constant requirement of the professional associations in the last three decades.
In the same sense, the White Paper on Justice presented by the General Council of the Judiciary in 1997, as well as the X Conference of Deans of the Faculties of Law of Spanish universities held on June 28, 2004. Also, From the political perspective, the State Pact on Justice of the year 2001 was pronounced in the same direction.
That is why the aforementioned law regulating access to the profession of lawyer was enacted, which together with its Regulation of development through Royal Decree 775/2011, of June 11, require for the access to the profession of Lawyer a process of professional training based on three basic pillars: the completion of training courses, a period of internships and a test of professional aptitude.
According to art. 4.1 of the aforementioned law, training courses and external internships constitute specialized training that allows the student to choose the national assessment, and such training may be taught in accordance with the regulations governing official postgraduate university education. For its part, the Regulation that develops the law, in its art. 4.1, a) establishes that public or private universities can provide training within the framework of the teachings leading to the obtaining of an official Master's degree.
Consequently, the studies of Degree in Law - and Law Degree -, from the entry into force of the aforementioned regulations - October 31, 2011 - do not enable, as up to now, to directly access the exercise of the profession of Attorney, becoming the University Master of Law in the way that would provide the necessary training to university graduates who intend to practice that profession after also passing a national training test, taking into account that the intervention of professionals of the legal profession is essential for the proper functioning of the Administration of Justice that undergoes a continuous expansion and specialization. In short, the title is proposed to comply with the training requirements established by the regulations governing access to the legal profession.
Therefore, the Faculty of Law of the University of La Laguna promotes the organization of studies leading to the title of Master in Advocacy with the participation of the Illustrious Bar Association of Santa Cruz de Santa Cruz de Tenerife, in the exercise of their social responsibilities as institutions linked to academic training and professional practice, for which the agreement required by art. 7 of the Regulation of access to the professions of Lawyer and Attorney of the Courts.
Description of the internal and external consultation procedures used to prepare the curriculum
The Faculty of Law of the University of La Laguna is in the process of implementation (4th year) of the Degree in Law as well as the extinction of the Bachelor of Laws degree, constituents both of qualifications for access to the Master's Degree in Advocacy.
Entry and exit profile
Regarding the profile of recommended admission, it must be taken into account that this Master is aimed at those who wish to access the profession of Lawyer of the Courts, and its main objective is to improve the professional training of the lawyer as relevant collaborators of the administration of justice in order that the citizens have guaranteed a legal advice, a legal defense and a quality technical representation as essential elements for the exercise of the fundamental right to effective protection. Therefore, the law establishes a system of training in excellence whose basic pillars are the realization of this master, where the student will acquire a set of specific professional skills, the development of a period of external internships and the realization of an evaluation. of the professional aptitude that culminates the process of qualification with previous character to the inscription in the corresponding professional school. Hence, not only should we go only to Royal Decree 1393/2007, modified by Royal Decree 861/2010, in its art. 16 establishes that to accede to the official teachings of Master, but also to Royal Decree 775/2011, of June 3, which approves the Regulation of Law 34/2006, of October 30, on access to professions of Lawyer and Attorney of the Courts, that establishes that the student body must have a title in which it has acquired the following legal competences:
a) Know and understand the elements, structure, resources, interpretation and application of the legal system and interpret the sources and fundamental legal concepts of each of the different jurisdictional orders.
b) Understand and understand the mechanisms and procedures for resolving legal conflicts, as well as the legal position of individuals in their relations with the Administration and, in general, with the public authorities.
c) Know and know how to apply the priority criteria of the sources to determine the rules applicable in each case, and especially the compliance with the rules, principles and constitutional values.
d) Interpret legal texts from an interdisciplinary perspective using legal principles and social, ethical and deontological values and principles as analytical tools.
e) Set out with a convincing legal argument on a theoretical issue related to the various legal matters.
f) Resolve practical cases in accordance with the current positive Law, which implies the prior preparation of material, the identification of problematic issues, the selection and interpretation of the applicable positive data and the argumented exposition of the subsumption.
g) Handle with skill and precision the legal language and terminology of the different branches of law: write legal documents in an orderly and comprehensible manner. Communicate orally and in writing ideas, arguments and legal reasoning using the appropriate records in each context.
h) Use information and communication technologies to search for and obtain legal information (databases of jurisprudence legislation, bibliography, etc.), as well as work and communication tools.
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- Information management skills (ability to search and analyze information from different sources)
- Basic knowledge of the profession
- Capacity for analysis and synthesis
- Ability to organize and plan
- Oral and written communication in their own language
- Problem resolution
- Critical and self-critical ability
- Ethical commitment
- Ability to apply knowledge in practice
- Research skills
- Ability to adapt to new circumstances
- Ability to work autonomously
- Know and know how to identify the classes, value and effects of documents
- Know how to write different writings before the different judicial instances
- To know the techniques directed to the investigation and establishment of the facts in the different types of procedure, especially the production of documents, the interrogations and the forensic tests.
- Possess, understand and develop skills that make it possible to apply the specialized academic knowledge acquired in the degree to the changing reality that the lawyers face to avoid situations of injury, risk or conflict in relation to the interests entrusted or their professional practice before courts or public authorities and in the advisory functions.
- Know and be able to integrate the defense of the rights of clients within the framework of national and international jurisdictional protection systems.
- Know the different techniques of composition of interests and know how to find solutions to problems through alternative methods to the jurisdictional way.
- Know and know how to apply professional deontological rights and duties in the attorney's relations with the client, the other parties, the court or public authority and between lawyers.
- Know and evaluate the different responsibilities related to the exercise of the professional activity, including the basic operation of the free legal assistance and the promotion of the social responsibility of the lawyer.
- Know how to identify conflicts of interest and know the techniques for their resolution, establish the scope of professional secrecy and confidentiality, and preserve the independence of criteria.
- Knowing how to identify the requirements of provision and organization that are decisive for legal advice.
- Know and know how to apply in practice the organizational, management and commercial environment of the legal profession, as well as its associative, fiscal, labor and personal data protection legal framework.
- Develop skills and abilities for choosing the right strategy to defend the rights of clients taking into account the requirements of the different areas of professional practice.
- Know how to develop skills that allow the lawyer to improve the efficiency of their work and enhance the overall functioning of the team or institution in which it develops through access to information sources, knowledge of languages, knowledge management and the use of techniques and tools applied.
- Know, know how to organize and plan the individual and collective resources available for the exercise in its different organizational forms of the legal profession.
- Know how to expose orally and written facts, and argue argumentative legal consequences, in response to the context and the recipient to which they are addressed, according to the case with the specific modalities of each procedural area.
- Know how to develop professional works in specific and interdisciplinary teams.
- Know how to develop skills and interpersonal skills, which facilitate the exercise of the profession of lawyer in their relations with citizens, with other professionals and with institutions.
Orientation and mentoring
From the point of view of the information on the Curriculum, the Faculty of Law has a web page where the student will be able to find all the information related to the Master of Access to the Law.
For personalized information and support, the student has other elements:
The School of Law has a POAT (Tutorial and Action Plan Tutorial) where the students of the Faculty are assigned a personal or curricular tutor who accompanies them throughout their stay in the Faculty and who guides and supports them in his academic career.
The Secretariat of the Center is the window of the management team of the center responsible for the title. The student can go to the secretariat of his center to resolve issues related to the teaching of the degrees, claims about teaching matters, transfers of files, etc.
Graduate Studies Bureau: you can obtain all the information and advice related to the graduate degree in question, as well as matters related to the central services of academic management.
In addition, the University of La Laguna has the Information and Guidance Service (SIO) which is the office designed to inform, advise and guide the university community in general, referring students to the corresponding offices, depending on their interests. The SIO has an information area that responds to the demands of academic and administrative information of the ULL: information about scholarships and grants, procedures, rights and duties, deadlines and procedures, transfers of academic records, simultaneity of studies, regulations of permanence, etc.
The professional associations also have their own Web pages where students can consult information of interest and where, in their day, the information of the Master of Access to the Law will be incorporated.
Practical application of all the contents of the master's degree in a real situation of professional practice. Particularly in the knowledge of the organization and operation of the professional office, deontological and responsibility issues. The type of professional activities in which the student will intervene, will depend on the matters managed in the entity, requiring insertion in the work dynamics of the position of destination, assumption of the working environment of the entity and assigned role.
In accordance with the provisions of art. 16 of RD 775/2011, of June 3, the students will be supervised by a team of professionals at the head of which a lawyer who has practiced the profession for at least 5 years will be appointed. The students, in the development of their practices, will have the right to interview with the members of the tutoring team that they have assigned. Each tutoring team, made up of at least 3 members, will have a maximum of 6 students. In case the designated tutor can not carry out his work with the student, the tutor in charge of the tutoring team will designate a new one, in accordance with the provisions of the Management Regulations of the External Practices of the University of La Lagoon.
The tutoring team must prepare a report or report every six months that accounts for the activities carried out during the performance of their duties.
In the external Practices, the student must, in the hands of the internal tutor, put into practice the knowledge acquired throughout the program. The student may attend trials, draft legal documents, participate in the knowledge and resolution of cases as well as everything that is required by the entity that receives it according to a plan previously agreed by both tutors and known by the student at the time
of its incorporation.
b. Development places
The practices may be developed, according to the provisions of Article 15 of RD 775/2011, in courts or tribunals, prosecutor's offices, companies or professional offices of lawyers, penitentiary institutions, legal departments or human resources of Public Administrations, institutions
officers or companies.
c. Duration of the internships
The practices, according to article 14 of RD 775/2011, will suppose 30 ECTS additional to those indicated in article 12 of the same legal text.
The internship will cover a total of 740 hours that will take place during the three semesters of the Master.
d. Expected results
With the module of external practices students will learn to:
- Integrate their theoretical and practical training through active participation and the relationship with professionals who work in different development areas.
- Develop human qualities and technical skills to respond appropriately to the demands of professional practice.
- Exercise the advisory function of the lawyer, configuring legal relationships that avoid legal conflicts.
- Act before the organs of the respective jurisdictional orders that will allow it in the future to carry out the procedural actions of the lawyer.
- Intervene as mediator in legal conflicts, to procure extrajudicial solutions.
This work is oriented to the evaluation of the competences associated to it and its function is to encourage the student to face specific legal problems that can be found in his professional practice and that can also be associated with research in the legal field on a subject of present. For each academic year the Academic Committee of the Master will publish before the beginning of the enrollment period a list of possible topics of the Master's Thesis. At the beginning of the corresponding semester, each student enrolled must choose one of these topics and communicate it to his / her tutor, who must be a Master's Teacher, to guide him / her in the preparation of the Work and to whom the student will present the project. Before his defense, the student will deliver the Final Master's Project in triplicate, in PDF format and without exceeding 60 pages, in the Secretary's Office of the Law School together with a mandatory report from the tutor, a requirement without which will admit the deposit. Each tutor will have a maximum of 4 students in each academic year.