The Practice of Law in Cuba: New Challenges and...

The recent publication in the Official Gazette of the Republic of Law No. 176 on the Practice of Law and its immediate implementation in the country, opens a new stage regarding the recognition of the legal action and its scope.

According to the Ministry of Justice (Minjus) and the National Organization of Collective Law Firms (ONBC by its Spanish acronym), the law, approved during the 4th Ordinary Session of the National Assembly of People's Power in its 10th Legislature, updates and strengthens the practice of law in Cuba, which until now has been governed by a law that is more than four decades old.

To that end, the Law defines the requirements for the practice of law, while establishing its scope and recognizing the fundamental guarantees for those who practice it on behalf of individuals.

In line with the pillars for government management, it introduces the recognition of social communication, science, technology and innovation as fundamental elements for the development and improvement of such exercise.

In accordance with issues of great relevance in today's Cuban society, the regulation establishes in a clear and mandatory manner a framework of action in accordance with the ethics that should characterize this career, for all professionals in the activity regardless of where they work.

In this way, it institutes the general principles that support the practice of law in terms of membership, professional ethics, independence of action, legality and justice; as well as social commitment, protection of professional secrecy, due diligence in the service, the duty of transparency and correct and humanistic treatment, among other dimensions, which should govern everyone in their daily actions.

Regarding the organization, it defines the leading role of the BCNB, its autonomy and involvement in the operation of its organizational, management and decision-making structures; and the institutional and coordination relations it establishes in its operation with the Ministry of Justice and the Central State Administration bodies.

To such effects, it recognizes the rights, duties and disciplinary regime of the members of the ONBC and other workers assigned to it.

It also regulates the management of legal services and good practices in such management, such as regulatory compliance, internal control, quality management and attention to complaints and petitions, in addition to recognizing social responsibility as a basic component for the proper functioning of such good practices.

The text endorses that the practice of law in Cuba is carried out in accordance with the Constitution, in view of the public interest, its social importance, and the ethical principles that govern it, since acting before jurisdictional and other bodies is closely related to the defense of the rights of individuals and the realization of justice.

The Law is an expression of legal certainty for citizens, as it constitutes a guarantee of the constitutional right to receive legal assistance and counsel, recognized in articles 94 and 95 of the Magna Carta, and is thus a remarkable tool for the practice of the profession by those who are authorized to practice it.