11/03/2016

At UIC Barcelona, Tiziana Di Ciommo describes potential deontological violations in the legal profession

The lecture, given in the Salón de Grados room, allowed students from the Faculty of Law to acquire an in-depth knowledge of the concept of deontology in their professional sphere

Tiziana Di Ciommo, a lawyer at PwC, President of the Barcelona Young Bar Association and lecturer at UIC Barcelona’s Faculty of Law, gave a presentation on deontological violations in the legal profession. 

The talk began with an explanation of the word deontology. To understand all aspects of the concept, Di Ciommo quoted the originator of the term, the English philosopher Jeremy Bentham. Deontology was defined as the branch of ethics whose purpose is to establish the principles that those who practice a particular profession should follow. 

The moral rules that shape the deontology of a specific position can be gathered together and set down in writing. In this case, one is able to refer to the existence of a “code of conduct”, something that becomes a mechanism for self-regulation for professionals in that specific field. 

A code of conduct exists for the legal profession. Furthermore, a specific action protocol has been established for whenever the code is violated. This protocol is initiated when a complaint is received by the Deontological Committee of the Bar Association. Next, disciplinary proceedings are opened, in which the parties involved are advised so that they can submit their arguments.  Once submitted, there are two possible outcomes: either the case is shelved or a sanction is proposed, which must always be ratified by the Governing Board. 

Sanctions vary according to the severity of the offence. A minor offence incurs a warning and a fine of up to €1,000; a serious offence can lead to disqualification that could be for up to a year and a fine that varies between €1,000 and €5,000; very serious offences mean disqualification of between one and five years and an economic sanction that could be anything from €5,000 to €50,000.

Lastly, it should be remembered that there are other types of conduct which, despite being deontological offences, result in different repercussions. Malpractice or negligence and conduct constituting a crime fall into this area. Cases of malpractice should be referred to the insurer; criminal behavior should be reported to the public prosecutor. 

The lecture took place within the framework of the continuous programme of training seminars that the Faculty of Law organises throughout the entire length of the course.