The Ministry of Justice’s central commission for lawyers’ registration exams – year 2022, meeting by videoconference on the Teams platform on 3 May 2023, resolved to determine the indications of criteria for the evaluation of candidates admitted to the second oral exam (text below) pursuant to art. 39-bis of the decree law 21 June 2022, n. 73, converted with amendments by law 4 August 2022, n. 122.
As is known, the 2022 exam session will also be developed in exceptional ways, by virtue of the temporary regime introduced by the legislator, which provides for a double oral exam and the replacement of the three written papers with a single First Examination, in oral form, and the different articulation of the subjects covered by the Second Test.
For the second oral test, all candidates will be examined by the Court of Appeal to which they belong and the letter drawn by lot at each Court of Appeal for the first oral test will be used at the combined Court of Appeal for carrying out the second oral test.
In formulating the questions, the subcommittees must comply with the subjects chosen by the candidates, each subcommittee being able in any case to also evaluate the answers with which the candidates express interdisciplinary links. With decision taken on February 2, 2023 “The Commission had represented that it considered it appropriate that candidates should not be asked questions that directly involved the discussion of institutes modified or introduced by the reforms referred to in d.lgs. n. 149 del 2022 and al d.lgs. n. 150 del 2022recently approved, adding that this was intended to apply exclusively to the First Trial, since one of the issues covered by the Second Trial must concern civil or criminal procedural law (as well as, it should be added, civil law and/or the criminal law), thus also necessarily implying knowledge of the reforms in question”: this is confirmed, as the preparation of candidates for the Second Round cannot ignore the knowledge of the regulations in force.
Terms of convocation and duration of the Second Round are established by Legislative Decree March 13, 2021, n. 31.
Without prejudice to the autonomy of each individual subcommittee, the need to guarantee homogeneity and consistency of the examination criteria is confirmed.
In particular, the regulatory assessment criteria were confirmed, namely:
a) clarity, logic and methodological rigor of the exposition;
b) demonstration of concrete ability to solve specific legal problems;
c) demonstration of knowledge of the theoretical foundations of the legal institutes covered;
d) demonstration of the ability to grasp any interdisciplinary profiles;
e) demonstration of knowledge of persuasion and argumentation techniques.
To the criteria indicated above is added the candidates’ demonstration of possessing ability to summarize, as well as the necessary knowledge of the forensic system and the rights and duties of the lawyer.
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Lawyer exam 2022, evaluation criteria second oral exam