The Portuguese Bar Association is calling on Parliament to approve the bill, arguing that lawyers have spent years having to meet professional deadlines even when their health or family circumstances make it difficult to work.

ECO reports that the proposed changes would cover the final month of pregnancy, adoption and serious illness involving surgery, treatment or a hospital stay. Pregnancy loss would also be recognised, allowing court acts to be postponed for three consecutive days.

Court deadlines would also pause

The main change concerns what happens after a hearing is postponed. Under the existing rules, lawyers can already request the postponement of court acts in cases of maternity, paternity and bereavement, but other deadlines continue to run.

That means a lawyer who has just become a parent or is unable to work can still face deadlines for submitting documents in a client’s case.

The Bar Association says the legislation, which dates back to 2009, also lacks specific provisions for serious illness, high-risk pregnancy and pregnancy loss. It has been pressing the Government and parliamentary parties to address these gaps.

Speaking to Lusa, PSD MP Eva Brás Pinho described the proposal as a substantial change to the current system. She explained that serious illness had not been specifically covered, leaving the decision on whether to postpone a trial to the judge.

The bill’s explanatory statement argues that practising law, including as a self-employed professional, should be compatible with having children, receiving medical treatment and caring for a family.

Up to 60 days

For criminal cases, the proposal would allow lawyers to request the suspension of certain essential deadlines for up to 60 consecutive days. These include deadlines relating to private prosecutions, civil compensation claims, requests to open the judicial investigation stage, defence submissions and appeals.

Civil proceedings could also be suspended for up to 60 days. The protection would extend to adoption and the final month of pregnancy, as well as serious illness requiring surgery, treatment or hospital admission and high-risk pregnancy.

The rules would expressly cover administrative and tax court proceedings too.

There would, however, be limits. In criminal cases, the suspension would not apply where a defendant is in preventive detention or under house arrest, or where a delay could cause serious or irreparable harm. For other urgent criminal cases, the maximum suspension would be 30 days.

The PSD says these exceptions are intended to protect lawyers while also preserving the rights of the other people involved and avoiding excessive delays in justice.

Bar Association urges approval

Bar Association president João Massano argues that the consequences of the current rules reach beyond the profession. Clients may have to find another lawyer because the person they trust to handle their case becomes ill or needs time to care for a child.

PSD MP Paulo Lopes Marcelo, one of the bill’s signatories, also told ECO that these protections should be legal rights, rather than depend on a judge’s understanding of an individual lawyer’s circumstances.

The Bar Association plans to meet all parties represented in Parliament to seek support and has offered to help improve the proposal during parliamentary scrutiny. The changes still require approval.

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