The special employment relationship of lawyers in law firms: a practical guide to Royal Decree 1331/2006

Lawyers who join a law firm under an employment relationship do so with a contract governed by a specific rule: Royal Decree 1331/2006 of 17 November, which regulates the special employment relationship of lawyers who provide services in law firms, whether individual or collective. It was published in the Official State Gazette (BOE) on 18 November 2006 and its consolidated text incorporates a 2009 update.

Knowing it matters to both sides: the associate negotiating their contract and the firm drafting it. This guide summarises its rules with a reference to each article.

Who it applies to

Article 1 includes lawyers who work as employees within the organisation of a law firm's owner. The following, among others, are excluded:

• Those who practise on their own account.
• Partners of professional companies.
• Collaborations between independent firms.
• In-house lawyers of companies that are not law firms.
• Those who only share premises or resources.
• Those paid only on results, without guaranteed minimum income.

The contract: in writing and with minimum content

Article 7 requires written form. The contract must include, among other details, working hours, pay, the service arrangements and, if agreed, the post-contractual non-compete.

Article 8 allows permanent or fixed-term contracts, under the Workers' Statute. The probation period must be in writing and, unless the collective agreement says otherwise, cannot exceed six months in permanent contracts or two months in fixed-term contracts of more than two months.

Work-experience contract

Article 9 adapts the work-experience contract to the legal profession. The four-year period is counted from obtaining the degree. The tutor must have more than five years of seniority. At the end, the firm must provide a certificate. If the lawyer stays on after the work-experience contract is exhausted, the relationship becomes permanent.

Working hours, rest and training

Under Article 14, working hours are set by the collective agreement or, failing that, the contract, without exceeding the legal limits on an annual basis. Time spent at the firm and time spent outside it on clients counts as working time. It can be distributed irregularly to serve clients and procedural deadlines.

Article 15 recognises the same rest periods, holidays and leave as other workers, although different dates can be set because of the urgency of deadlines. Article 16 sets out the right and duty of continuing training, with paid leave for training of common interest.

Pay: the firm pays even if the client does not

Article 18 contains three rules worth underlining:

1. Pay is agreed in the contract, respecting the legal or collective agreement minimums.
2. The firm must pay even if the client has not paid.
3. The lawyer cannot bill fees to the firm's clients, unless it has been agreed that they can bring their own clients.

Everything the lawyer receives from the firm is salary, including amounts linked to the firm's income.

Exclusivity and own clients

Article 10 establishes exclusive dedication as the general rule, unless a part-time arrangement or something else is agreed. Whoever works exclusively is entitled to adequate financial compensation. Duty-solicitor work, assisting relatives and teaching or representative activities are compatible with exclusivity. Taking on own clients and billing them directly is only possible if expressly agreed.

Article 13 adds that clients the lawyer brings at the start must be recognised and compensated.

Retention and non-compete agreements

• Retention (Article 11): only if the firm pays for training, for a maximum of two years and in writing. If the lawyer leaves earlier, the compensation cannot exceed the cost of that training.
• Post-contractual non-compete (Article 12): maximum two years, limited to the firm's clients or matters in which the lawyer was involved, and always with adequate compensation.

We analyse how these clauses work in a change of firm in our article on lawyer lateral moves.

Becoming a partner: two-year suspension

If the lawyer becomes a partner under a non-employment relationship, Article 20 suspends the contract for two years. If that situation lasts longer, the contract ends without compensation.

Termination: resignation and dismissal

• Resignation (Article 22): notice of between 45 days and three months, according to the collective agreement or contract, with information on pending matters and handover of documentation.
• Dismissal (Articles 21 and 23): in addition to the grounds in the Workers' Statute, the firm can end the contract for manifest and serious breach of trust or for lack of an adequate professional level, as long as it proves it. The notice must detail the facts and give at least 45 days' notice.

Disciplinary regime and jurisdiction

Article 24 includes among the infringements breaching confidentiality or loyalty, failing to report on the status of matters and issuing invoices to the firm's clients. Sanctions require written notice and a prior hearing, and can be appealed before the social jurisdiction, which is competent for disputes in this relationship. The parties may agree on mediation or arbitration.

Employment obligations coexist with ethics ones: the Code of Ethics of the Spanish Legal Profession continues to apply to the employed lawyer, starting with independence and professional secrecy.

To conclude

RD 1331/2006 leaves a lot of room for individual negotiation and collective agreements. That is why the contract matters: notice periods, compensation for exclusivity, own clients and post-contractual agreements must be in writing.

More analysis of the legal market in Big law firms and lateral moves. If you practise on your own, see our guide to the self-employed contribution for lawyers in 2026.