‘A new step in lobbying: between transparency and the limits of advocacy’ (with José Luís Moreira da Silva)

According to José Luís Moreira da Silva, partner at SRS Legal, the aim is to create a register of interests and make the scheduling of any meetings between interest representatives and political bodies transparent. ‘These initiatives are only intended to make political and legislative action more transparent, which is essential in a modern and democratic state,’ he says.
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For José Luís Moreira da Silva, this may be one of the main points of discussion: whether or not the definition of “lobbying” should include lawyers and solicitors. "The majority did not want to include them, due to the guarantee of professional secrecy: this guarantee for the defence of the rule of law would be incompatible with a register of interests that would require the disclosure of a lawyer's clients. In any case, lawyers always have the right to represent their clients' interests before any public entity; this is inherent to the profession and its Statute," he says.
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But the question remains: can lawyers be considered lobbyists if they provide advice to entities with legislative and political interests? José Luís Moreira da Silva believes not, since they are legally excluded from the regime, but ‘materially’ they will represent their clients' interests. ‘The fact is that lawyers, unlike lobbyists, are already legally bound by ethical rules and sanctions that can lead to the cancellation of their professional licence, something that is not yet provided for in the draft lobbying regulations,’ he adds.