Lawyer Specializations: Regulation No. 3 of June 21, 2024

1. The facts

   The story originates from the implementation of Article 9 of the Legal Profession Law, which introduced the option for professionals to claim the title of specialist. According to reports from publications such as Il Sole 24 Ore - NT+ Diritto and Altalex, the process was characterized by numerous administrative appeals that initially slowed down the entry into force of the regulations. Following several rulings by the Council of State, Regulation No. 3 of June 21, 2024, of the National Bar Council (CNF) was deliberated, preceded by the Explanatory Note of April 19, 2024. The procedural stage has now reached full administrative implementation: evaluation commissions at the Ministry of Justice and the CNF are operational to examine applications submitted by lawyers. The debate has shifted from the legitimacy of the rule to its practical application, with particular focus on the procedures for the verification interview for applicants seeking the title based on proven experience.

2. 

   The rules at play

   The pivot of the system is Law 247/2012, which in Article 9 delegates the definition of specialization criteria to the Ministry of Justice. Ministerial Decree 163/2020 represents the core of the regulation, establishing that the title can be obtained in two ways:

   1. Proven experience: pursuant to Article 6, the lawyer must demonstrate at least eight years of enrollment in the bar and the handling of at least ten relevant fiduciary assignments per year in the chosen sector over the last five years;
   2. Training path: Article 7 provides for attendance in courses lasting at least two years, for a total of 200 hours. On a disciplinary level, Article 35 of the Code of Conduct for Italian Lawyers imposes a duty of truthfulness and correctness in professional communication, sanctioning the use of the title without a formal CNF decision. Violation of these rules may result in sanctions ranging from a warning to suspension from practice, in addition to potential civil liability for misleading advertising.

3. What the jurisprudence says

   Administrative case law has clarified that the specialization system serves a paramount public interest in protecting client trust. According to the settled case law of the Council of State, the restriction of specialization sectors and the strictness of access criteria are lawful because they aim to ensure that the title corresponds to actual, high-level technical expertise. The court rejected arguments suggesting that these restrictions infringed upon free competition, prioritizing the social function of the legal profession. Supreme Court case law, while dealing with general advertising rules, has likewise reaffirmed that specialist is a protected technical title: improper use of the term misleads clients and distorts fair competition among legal practitioners. In disciplinary matters, the CNF has repeatedly confirmed that claiming uncertified specialist qualifications constitutes conduct harmful to professional dignity and fairness toward colleagues.

5. Analysis drafted and verified with edit.legal

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8. What it teaches professionals

   1. Rigorously verify fulfillment of the requirement of ten annual assignments before applying based on proven experience.
   2. Refrain from using the term specialist in any form of communication (website, letterhead, social media) until the official CNF decision is granted.
   3. Maintain detailed documentation of all handled assignments, ensuring that subject codes align with the requested specialization field.
   4. View two-year training courses not as a compromise, but as a reliable alternative path when professional practice is fragmented across various legal fields.

References: Legge 247/2012D.M. 163/2020Articolo 35 Codice Deontologico ForenseRegolamento CNF n. 3 del 21 giugno 2024Nota illustrativa CNF del 19 aprile 2024Vademecum CNF 2024-04-19Delibera 2024-06-21 CNF n. 3/2024

Editorial oversight: Avv. Federico Papa·ICAMUpdated 13 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