‘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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‘Lawyers have the right to represent their clients before any public authority, but due to professional secrecy guarantees, which are one of the pillars of the rule of law, it is understood that they cannot disclose their clients' names in a register of interests to be created, which is the only reason for their exclusion from the lobbying regime,’ notes the partner at SRS Legal.

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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. ‘It so happens 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.»