It’s a decisive turning point. «In the past, for us lawyers, the social security structure has undergone changes that were particularly advantageous for those with a certain contribution seniority and less generous for others». It is among the concepts on which Valter Militipresident of Forensic Fundcomes back with greater insistence. He does it on an afternoon, yesterday, for the first time the lawyer’s social security institution illustrates the transition from “retributive” to “contributory” not only with the exposure of the new rules, but in a public discussion.
The pension reformendorsed by the supervising ministries, will be in force from January 1, 2025. Yesterday’s event in Rome, in the Cassa auditorium, is a crossroads of changes, both defined and futuristic. In fact, we are talking not only about the social security reform, which Militi illustrates in his principles and which the director general of the Institute, Antonello Crudoreconstructs almost all of its most detailed innovations, with the help of the slides.
We also talk about “Organized models for lawyers”i.e. the in-depth study that Cassa Forense carried out together with the Einaudi Foundation on partnerships between lawyers (Sta) in their different forms and opportunities. It is the second half of the day: the analysis is presented by the lawyer who is president of “Einaudi”, Joseph Benedictand by my colleague Riccardo Fratiniwho is also a researcher at Roma Tre. Until the conclusions entrusted to another lawyer, who is also Deputy Minister of Justice: Francesco Paolo Sisto. Able to shock the audience with a speech that brings the reflections on the future of the legal profession back to an apparently acquired fact: «Organized models are fine», observes the number two of via Arenula, «but I believe there is nothing wrong In the paradigm of the individual law firmwhich represents the peculiarity of our profession.”
Sisto seems to look at the future of the legal world with a nostalgic angle, but in reality in that defense of the basic structure of the profession, he wants to passionately claim a right: «The lawyer must absolutely regain the physical presence in the courts, excluded from rules introduced with covid and yet survived even after the pandemic. Be careful, because today the judicial offices are so empty that there is talk of downsizing them…”.
Applause and fear among the lawyers listening in the Cassa Forense auditorium: delegates from the institution but also representatives of institutions and associations. From the vice president of the CNF Patricia Coronawho also spoke for the summit in Via del Governo Vecchio Francesco Grecoengaged abroad, to the coordinator of Ocf Mario Sciallaby the secretary of the ANF Giampaolo Di Marco to the representatives of Coa of Rome. Sixtus scares and heartens at the same time: it certainly raises an issue no longer attributable to the “parenthesis” of Pnrr.
In any case, the transition from contributory to remunerative, which the Cassa Forense reform establishes, has many implications: «We started from a different context compared to the framework in which the previous reform was inserted», explains Militi, «different first of all on the demographic”. Some new features are comforting for the individual professional, starting with the “calculation, for the purposes of the amount, also of the sums paid as the mandatory minimum contribution”. Others are apparently more expensive, such as progressive increase in the rate for the subjective contribution from 15 to 18%over the period from 2025 to 2027.
The vice-president of the Cnf Corona cannot help but “express my thanks: towards the president Militi and the Committee of delegates who once again took responsibility for guaranteeing the stability of the system”. Continued a personal testimony: «I speak as a newly retired person, and I must say that at the beginning of my professional career the boss of the firm froze me with the following words: “You will never reach your pension: when it is your turn, Cassa Forense will not be able to pay it to you” . Well”, says the vice-president of the National Council, “it was proven wrong in a big way”.
Then the other passage that solicits applause from the auditorium: «In the work for the new professional law, underway at the CNF with the other legal representations, table 5 approved the amendment on the basis of which contributory loyaltywhich is a value, will be an indispensable requirement to be able to access all the institutional positions that lawyers can hold”. The coordinator of OCF Mario Scialla does not fail to remember that «in 2022 we issued a very harsh statement against the idea of the reform, but today, faced with the risk that in a few years the system could have gone into fibrillation, a person of sound mind must necessarily share the transition to contributory”.
The general director of Cassa Forense Antonello Crudo, as mentioned, is entrusted with the detailed description of the new rules through numerose slides (which you can view in full Who) and an exhibition that can be listened to on the organisation’s YouTube channel @Cassaforensewebtv. However, some principles are clear: «First of all, transparency», notes Militi, «in the sense that the lawyer will know without uncertainty that depending on his contribution and his desire to save he will be able to count on a different pension». This also applies to surgery on minimum contributions«contained in such a way as to take into account the difficulties encountered by younger colleagues».
And here comes the other effort of Cassa Forense, the study carried out with the Einaudi Foundation on the new “Models” and in particular on the “Sta”: «Their success will depend on the ability to effectively balance organizational needs, ethical principles and sectoral specificities » says President Benedetto. Well yes: rationalization without losing sight of the freedom and independence of the lawyer. Exactly like the balance between efficiency and the right to orality claimed by Sixtus. The future of the legal profession also depends on the ability of the entire justice system to guarantee similar balances. And fighting to find those balances is an even more difficult challenge, perhaps, than maintaining social security.
