The Legal Profession: A Liberal Practice in Crisis - Huffpost
A Disconnect Between the Institution and Its Social Role
The legal profession in Spain faces a structural crisis. While traditionally conceived as an institution that represents citizens and safeguards constitutional guarantees, today it often appears disconnected from the groups and individuals it is meant to protect. Despite years of legal education, the profession has lacked a critical debate about what “the practice of law” truly is—ethically, socially and structurally.
The initiative, proposed by José Muelas, aims to respond to issues such as the progressive reduction of lawyers’ professional competences, limited public investment in justice and the increasing presence of intermediaries in the legal services market.
A Need for Clear Regulation
For decades, Spanish legal practice has relied almost exclusively on ethical aspirations and deontological principles, without a robust regulatory framework. As Del Canto notes, what is not legislated does not exist. Spain would benefit from a parliamentary statute—similar to the UK Legal Services Act 2007—that clearly defines legal professions, establishes oversight mechanisms and protects users of legal services.
The Rise of the Business-Law Model
Economic pressures and the global influence of Anglo-American corporate firms have pushed the profession toward a market-driven model, often overshadowing the traditional public and social function of law. Large firms have shaped public perception by emphasising revenue, scale and rankings, while small and independent practices struggle to compete economically.
Recovering Alternative Models of Practice
Del Canto suggests revisiting cooperative and independent structures—such as small European firms or the chambers model in England and Wales—as viable and sustainable alternatives that preserve professional independence without adopting the purely commercial culture of large corporate firms.
A Profession Under Transformation
Despite its challenges, the legal profession remains diverse, active and essential. Its future depends on understanding the factors that have shaped today’s crisis and engaging in a constructive debate to ensure law remains both socially useful and professionally fulfilling.