The case explained: The reform of the legal profession and the Nordio Decree

1. The facts

   According to reports from «Il Sole 24 Ore» and «Quotidiano Giuridico Ipsoa», the Government has drafted a legislative decree for the organic revision of Law no. 247/2012. The measure passed preliminary examination by the Council of Ministers on October 2, 2026, and is currently awaiting the opinions of parliamentary committees and the National Bar Council. Reports indicate that the core of the proposal lies in the need to provide a legal framework for the many professionals operating under a so-called mono-client regime, collaborating exclusively with a single law firm without being partners.

   Another key focal point, according to press leaks, concerns the protection of digital professional secrecy. Specialized publications have highlighted how judicial practice has often led to the seizure of entire servers or cloud accounts during investigations, endangering the confidentiality of numerous files unrelated to the inquiries. The draft decree supposedly intervenes to curb such practices, establishing rigorous criteria for the acquisition of electronic evidence from law firms. Finally, the reform would address Law Firms (STA), seeking to limit the influence of investor partners in order to preserve the intellectual autonomy of the defense.

2. 

   The rules at play

   According to analyses by the specialized press, the provisions of the reform draft would amend several regulatory texts.

   1. The amendment to Articles 18 and 19 of Law no. 247/2012 would introduce the figure of the internal collaborator, requiring a written contract and minimum protections such as notice periods, leave, and maternity benefits, while expressly maintaining the autonomous nature of the service.
   2. The integration of Art. 103 c.p.p. would extend safeguards against searches and seizures to data stored in the cloud and electronic correspondence, establishing that the judicial authority must proceed strictly through targeted data string searches rather than full database duplication.
   3. The revision of Art. 4-bis of Law no. 247/2012 would mandate that a two-thirds majority of votes and capital in STAs must belong to professional partners, thereby ensuring the prevalence of the professional component over the financial one.

3. What case law says

   Pending the entry into force of the decree, case law from the Supreme Court has already outlined key boundaries. Regarding mono-client relationships, the court has clarified that the exclusivity of services does not automatically constitute a subordinate employment relationship, unless a strict hierarchical and disciplinary power is proven that deprives the lawyer of technical autonomy. On the front of professional secrecy, the judges have established that the seizure of IT systems at law firms must adhere to the principles of proportionality and relevance, prohibiting the indiscriminate collection of data unrelated to the offense under investigation. Finally, regarding professional firms, case law has reaffirmed that practicing in associative form cannot derogate from the principle of personal performance of services, which remains the cornerstone of liability toward the client.

5. Analysis drafted and verified with edit.legal

   To verify the provisions cited in this article, we used edit.legal. Test our legal AI on official sources and apply it to your own matters.

   Try edit.legal AI

8. What it teaches professionals

   1. Contractual formalization: it is essential to execute written collaboration agreements explicitly defining the lawyer's autonomy, avoiding disputes regarding the nature of the relationship in light of possible new regulations.
   2. IT security management: law firms must adopt cloud architectures that allow data segregation across different lawyers and files, facilitating the protection of professional secrecy during searches according to the safeguards anticipated by the media.
   3. Governance verification: law firms (STAs) must review shareholders' agreements to ensure that, as suggested by reform leaks, capital partners do not interfere with case management or compliance with ethical rules.

9. Developments: the draft legislative decree

   On October 2, 2026, the Council of Ministers gave preliminary approval to the draft legislative decree implementing Law 137/2026, following the proposal by Minister Carlo Nordio. As reported by Il Sole 24 Ore and Guida al Diritto, the text introduces protections for so-called sole-client relationships, including mandatory written contracts and minimum fee parameters. New features include the reinforcement of professional secrecy for digital and cloud media, the reduction of CNF and COA council terms to three years, and the biennial update of fees. The measure has been forwarded to Parliamentary Commissions for the required opinions before the delegation deadline on February 16, 2027.

References: Legge 31 dicembre 2012, n. 247Art. 103 Codice di Procedura PenaleLegge 26 novembre 2021, n. 206Schema di decreto legislativo approvato il 2 ottobre 2026 (esame preliminare)

Editorial oversight: Avv. Federico Papa·ICAMUpdated 12 October 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction