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The article by Professor Miguel Romão published on August 16 in Notícias (DN) on Access to Justice and the Court System (SADT) presents a superficial and, in some respects, IMHO, superficial view of the “Official” lawyers in Portugal.
This article aims to tell the story of the difficulties and injustices experienced by “official” lawyers.
Cost Difference
We begin by highlighting the most crucial point: the difference between the mentioned fees of 50 euros per hour and the fees actually paid, which were significantly lower and insufficient for the complexity of the work involved.
For example, according to the fee schedule, a non-official lawyer hearing a criminal case can be paid 204 euros, an amount that is insufficient and disrespectful considering the responsibility and complexity of the work.
Considering the 50 euros per hour mentioned in the article, the idea that a criminal case defense can be fully prepared in just four hours is a ridiculous fantasy.
Who in good conscience believes that a job of such complexity and responsibility can be compressed into such a short time? In fact, it would take much more time, and 50 euros per hour quickly becomes a ridiculous figure, barely enough to cover the cost of coffee for a sleepless night.
In practice, the justice system is not fully funded by the state but supported by the work and resources of lawyers, which undermines the dignity of their profession and the quality of justice provided to citizens.
Proletarianization and loss of professional dignity
In an article I wrote in 2019, I highlighted how the lack of an updated pay scale and the requirement for lawyers to prepay state fees created a mechanism that undermined the liberal character of the profession.
This situation leads to the proletarianization of lawyers registered with the SADT, bringing them closer to the role of public defenders and harming the reputation of the profession.
The professional dignity of lawyers suffers as they are viewed as mere performers of undervalued services without due financial compensation and social recognition. DN’s article ignores this dynamic, perpetuating a simplistic and outdated view.
Needs further review
In order for the justice system to function effectively and fairly, the debate on access to justice must include a profound reform of the conditions of activity and remuneration of “official” lawyers.
This reform must include payment of currently unpaid actions, “offered” trials, unpaid costs, and ensure automatic payment, independent of the actions of the Secretariat of Justice.
No other professional category supports those who need it most to access the services they offer. Lawyers finance the administration of SADT with their fees and ensure the functioning of legal aid. The Lisbon Regional Council alone spends nearly €500,000 per year on legal aid to help those who need it most.
Unlike other professions such as doctors, teachers or judges, lawyers, who in part support access to justice for those most in need, bear unreimbursed legal aid costs and earn remuneration that has not been renewed in about 16 years.
Judiciary as a function of the state
Justice is a function of the state and cannot be supported, even partially, at the expense of lawyers. This is a social issue, not a class issue, and must be understood in this context.
The current situation, where lawyers are forced to work to finance access to legal services, is unsustainable and unfair. Furthermore, the professional dignity of lawyers is continually undermined as they are forced to work under conditions that do not reflect the importance of their role in the justice system.
The DN article fails to recognize this reality, perpetuating the image of a system that does not exist.
As Martin Luther King Jr. said, “Injustice anywhere is a threat to justice everywhere.” Now is the time to remind the nation that this situation is unacceptable and must change for the good of the justice system itself and the dignity of the professionals who work within it.
The author wrote according to the old spelling.
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