THE PUBLICATIONS OF DISCIPLINARY SANCTIONS

1. THE PUBLICATIONS OF DISCIPLINARY SANCTIONS AITZOL ASLA URIBE

2. THE FORMER SITUATION IN BILBAO/BIZKAIA BAR When I say “publication of the sanctions”, I will explain what it was done in Bilbao, until about a few months ago, but not in the rest of Spain. SANCTIONS WERE PUBLISHED IN THE COLEGIAL/BAR MAGAZINE, WITH A PRINT RUN OF MORE THAN 5,000 COPIES. This allowed to spread out the information not only among lawyers, but moreover, It was accessible to other institutions, Courts of Law, public notaries, etc… In addition, that magazine was published on the Internet, open to everyone. As I have said before, neither the Code of Ethics nor the Statute of Spanish Law prohibits this publication expressly, but nevertheless, it was the BAR of Bilbao, the unique that did so among the 83 existing in Spain.

3. FIRST PROBLEMS "The right to forget": the first doubts arose a few years ago, especially related to the publication of the penalties in the magazine, BUR on the website of the Bar. Because of the right of the people to eliminate any print related to their personal information. In our opinionthis problem could be easily solved with the disappearance of the magazine from the website, so if the footprint would remain in the network, it was no longer the responsibility of the BAR. ANYWAY, WE SUPRIME THE PUBLICATION OF SANCTIONS IN THE WEB SITE. BUT NOT ON THE PAPER MAGAZINE.

4. THE SITUATION IN OTHER COUNTRIES FRANCE In France, the resolution of the disciplinary sanction is not published; THE SANCTION IS NOTIFIED TO THE OWN LAWYER, THE PLAINTIFF/THE COMPLAINANT and the Court Agent (similar figure to the Attorney General) , who informs the other French Bar Associations (to ensure that the lawyer complies the sanction and that this is enforced beyond his College). • Not all disciplinary sanctions are public; only those that have a direct impact on the performance of the profession by the sanctioned lawyer. There are only two: • The temporary suspension in the exercise of the Law • The expulsion from the School, implies the expulsion of the profession practically for life, because there are few possibilities for rehabilitation. All other (minor) sanctions are strictly confidential, although they are included in the record of the School's Advocate as background information. • The Statute of the Legal Profession (currently Law No. 247 of 12/31/2012) clearly establishes, in articles 62.5 and following, that the two sanctions must be notified to the Presidents of all the Courts and Tribunals of the headquarters of the lawyers BAR; To the Deans of all the Advocacy Associations of the District where the sanctioned lawyer operates. In the case that the sanction imposed has to do with suspension, it will be included in his file the list of colleges posted online, because the public must know the penalty of temporary suspension imposed and his impossibility to practice law.

5. THE SITUATION IN OTHER COUNTRIES • ENGLAND AND WALES In England & Wales the Solicitors Regulation Authority and the Law Society of England & Wales publish the disciplinary sanctions imposed on members. The publication is at the discretion of the Solicitors Regulation Authority. This is covered in The Solicitors Act 1974

6. THE SITUATION IN OTHER COUNTRIES BELGIUM In Belgium a copy of all disciplinary decisions taken by the Disciplinary Council or the Disciplinary Council of Appeal is sent to the Flemish Bar Association (for Dutch speaking lawyers) or to the French and German speaking Bar Association (for French and German speaking lawyers). The Bar Association can decide to publish the decision, either fully or partially, on an anonymous basis (art. 461 § 2 and art. 468 Code of Civil Procedure). The Disciplinary Council or the Disciplinary Council of Appeal may also decide, by means of a motivated ruling, to publish a decision to suspend or disbar a lawyer (art. 460 Code of civil procedure).The Council determines the form of the publication (either fully or partially), which will not be anonymous.

7. THE SITUATION IN OHTER COUNTRIES VIENA /AUSTRIA • The bar of Vienna does not publish the disciplinary sanctions. All disciplinary judgments by the surpreme court (last instance) are anonymoused and published in the RIS (Rechtsinformationssystem) / Legal Information System. The documentation of decisions by the surpreme court is published  anonymoused in the internet. • The legal basis for this is the OGH-Gesetz (law of the surpreme court) (§ 15a). • The comments are published anonymoused from case to case in the Austrian Anwaltsblatt. This is edited by the Österreichischer Rechtsanwaltskammertag (Austrian Bar).

8. THE SITUATION IN OHTER COUNTRIES POLAND The disciplinary sanctions imposed to members of our bar in judgments of disciplinary courts can be publicized after it is announced to the parties and signed: (a) as an additional sanction (it is not a rule, but it is possible) or (b) as anonymized judgements - a public information (without the name of the member or victims) via website of the bar (there are only part of judgments): http://oirp.gda.pl/izba/orzeczenia-okregowego-sadu-dyscyplinarnego/rok-2018/ http://wsd.kirp.pl/ Disciplinary court of our bar has a right to publish the disciplinary sanctions that are imposed and it is allowed either by state and professional law:

9. THE SITUATION IN OHTER COUNTRIES  PUBLICATION / ANNOUNCEMENT (a) Law on attorneys-at-law from 6 July 1982 Article 65 par. 2f Publication (lex specialis) A disciplinary court may decide to provide the content of the judgment to the public in a specified manner if it deems it advisable due to the circumstances of the case, as long as it does not violate the interests of the victim. (b) Code of Criminal Procedure from 6 June 1997 (due to art. 74 pt. 1) of Act of Law of attorneys-at-law in matters not regulated in the Act of Law of attorneys-at-law, the bar applies Code of Criminal Procedure to disciplinary proceedings): Art. 364. Announcement § 1. The verdict is made publicly. § 2. If the openness of the hearing has been excluded in whole or in part, the reasons for the judgment may also be cited only in full or in part. - Penal Code from 6 June 1997 (due to art. 74 pt. 2) of Act of Law of attorneys-at-law in matters not regulated in the Act of Law of attorneys-at-law, we apply Penal Code to disciplinary proceedings)

10. THE CURRENT SITUATION IN BILBAO/BIZKAIA BAR …AND IN SPAIN The discussion, in my opinion, deals with the clash between THE RIGHT TO PRIVACY, and the SOCIETY,S Information Right. Well, the situation in our BAR has also changed, after two reports from the General Council of Advocacy and the Delegate for Data Protection (DPO) of our BAR which have advised the prohibition to publish, at least openly, those sanctions.

11. THE CURRENT SITUATION IN BILBAO/BIZKIA BAR …AND IN SPAIN INFORMATION CAN BE GIVEN IN ACCORDANCE WITH THE COMPLIANCE OF THE TRANSPARENCY laws, AND DEFENSE OF CONSUMERS AND USERS laws in force. The consumer has the right to know if a Lawyer can work as a lawyer, of course. THAT FACULTY, and OBLIGATION OF PUBLICITY confront with LIMIT OF right to be forgotten, AND THE LEGISLATION ON DATA PROTECTION, WHICH ACCORDING TO THE REPORTS mentioned, prevent this publication IN THE bar magazine. WE HAVE THE OBLIGATION, BUT WE HAVE THE LIMITATION.

12. THE CURRENT SITUATION IN BILBAO/BIZKIA BAR …AND IN SPAIN ARTICLE 23.- PUBLICITY OF SANCTIONS - STATUS OF SPANISH LAW The Bar Associations will be able to communicate to the lawyers of their territorial scope the disciplinary sanctions imposed, once firm, that suppose the suspension of the exercise of the legal profession of one of their members, making reference exclusively to the name of the lawyer-member, number of disciplinary record and specific period of suspension. In no case will mention be made of the offense committed. Likewise, they will be notified by telematic means of the sanction of expulsion from the College of a collegiate, once they sign

13. THE CURRENT SITUATION IN BILBAO/BIZKIA BAR …AND IN SPAIN On the other hand, if the Jurisdictional Bodies impose a disciplinary correction, they must comply with the procedural laws, and must include them in the attorney's file, but nothing is indicated in general terms about their publicity. Article 80.2 of the SAPNISH ESTATUTE states that "the disciplinary powers of the judicial authority over lawyers shall be in accordance with the provisions of the procedural laws. The sanctions or disciplinary corrections that the Courts impose to the lawyer shall be recorded in the personal file whenever it is referred directly to deontological norms or conduct that they must observe in their actions before the Administration of Justice.

14. THE CURRENT SITUATION IN BILBAO/BIZKIA BAR …AND IN SPAIN CONCLUSIONS • OUR BAR is a Public Law Corporation, protected by the Law and recognized by the State, with its own legal personality and full capacity to fulfill its purposes. Among them is their ability to impose disciplinary sanctions on their members. • The BAR, to carry out its public functions, deals with personal data, subject to the authorizations and obligations of secrecy that are included in its regulations. • THE BAR does not have a norm with the rank of Law that enables it to publish sanctions on its media; electronic media or in a BAR magazine. • The BAR, applying the consumers legisltaion, may impose, with a special and specific character, additional advertising penalties, provided that the requirements of the norm are met. • The BAR must comply with and execute judicial decisions, but circumscribing them, they can not take other actions that are not described or contemplated in them.

15. Final and personal conclusion • FINAL AND PERSONAL CONCLUSION • In my opinion, the Bars and Associations of Lawyers , must we have legal tools that protect, in certain cases, whether by the relevance, public or social alarm, or similar issues, we can publish disciplinary sanctions, both for the good of the profession, as to offer an adequate service to the society. We saw that this system is that it is in force in one of the countries we have commented on. • THANK YOU VERY MUCH