The regulation to determine the remuneration of trainee lawyers has faced delays due to the lack of response between two entities from January to August this year, as confirmed by professional associations and the relevant authorities.
Since April 1, 2024, following the approval of the Professional Orders Law, the statute of the Lawyers’ Order requires that trainee lawyers be paid at least the minimum monthly wage plus 25% of its amount.
In September of the same year, a notice in the Diário da República announced the public consultation of the Trainee Lawyer Remuneration Regulation project, which was sent to the Ministry of Justice for approval in December, but this has yet to occur.
Last month, an official source from the Ministry confirmed receiving the Regulation for National Internship and the Trainee Lawyer Remuneration Regulation, but stated they had been waiting for months to receive clarifications from the professional association.
“Since the documents lacked indications of changes or justifications, a letter was sent to the Lawyers’ Order on 08.01.2025, requesting information so that approval considerations could be made,” the source revealed, noting that as of August 27, no response had been received.
On the same day, the current President of the Lawyers’ Order, who took office in May 2025, admitted being unaware that the Ministry was awaiting a response.
“We were all waiting,” lamented João Massano, who confirmed last Wednesday that the clarification had since been sent to the Ministry of Justice.
The situation raises “many doubts” for the President regarding the obligation for trainee lawyers to be paid according to the statute since April 1, 2024.
While considering it “rash to assert conclusively” that this should only take place from the regulation’s enforcement, João Massano recognizes that some colleagues support this view.
In the Algarve, the President of the Faro Regional Council believes that sponsors (lawyers hosting trainees) who paid will continue to do so, while those who did not will maintain their stance.
When such payment becomes mandatory, Afonso Ribeiro Café admits, “many firms may stop accepting trainees” as they cannot afford to pay.
Currently, due to simultaneous simplifications in the internship structure, the Regional Council has noticed “a significant increase in trainees.”
João Massano asserts that the uncertainty has led to a decrease in available opportunities and calls for support to enable smaller firms to continue hosting trainees.
This, he clarifies, could involve an “agreement between sponsor and trainee” that grants access to remuneration with contributions from the Institute for Employment and Professional Training.
The National Council of Law Students reports a “significant reduction in internship opportunities” since the statute mandated remuneration, with many recent graduates experiencing “frustration and dismay over increased difficulty searching for internships, particularly outside major urban centers.”
The professional internship is mandatory for entry into the legal profession.
