Legal advocacy: who goes to court with you and what they can do

OPM’s page defines the legal advocate as any person with accredited training or studies in counselling, guidance, Psychology, Social Work or Legal Advocacy, certified by the Office of the Women’s Advocate. Reglamento 9543, approved 12 March 2024, governs certification and authorization; it repeals regulations 9256 of 2021 and 9007 of 2018, and does not repeal or replace Rule 42 of the Rules for the Administration of the Court of First Instance, so certifications issued under that Rule remain in force until they expire. The Reglamento’s stated purpose is to standardize the rules applicable in gender violence cases, prioritizing domestic and sexual violence, and to set the requirements for OPM to authorize private non-profit entities to certify advocates, under Ley 90-2023. On legal authority something must be said carefully: OPM’s page cites Art. 1.3 (g) of Ley Núm. 18 of 2017, while Article 1 of the Reglamento itself cites Art. 1.3 (g) of Ley Núm. 54 of 15 August 1989, alongside Ley 20-2001 and Section 3 of Ley 90-2023. Both documents are OPM’s and they say different things; this guide reproduces both and does not pick one.

To receive the accompaniment: Article 5 speaks of accompanying a person who claims to be a survivor of domestic or sexual violence in proceedings before the court. The Reglamento defines "survivor" as a person who has suffered some form of abuse or sexual assault under Ley 54-1989, Ley 148-2015 on protecting victims of sexual violence, Ley 57-2023 and Article 130 of the Penal Code. OPM’s page adds that the seminar prepares professionals to intervene with people seeking court remedies for domestic violence, sexual assault, stalking, dating violence and human trafficking. The Reglamento also binds the advocate to the public policy of non-discrimination by race, color, sex, gender, sexual orientation, birth, origin, social condition, political or religious ideas, immigration status, age, veteran status, physical or mental disability, or for being or being perceived as a survivor of domestic violence, sexual violence or stalking. To be certified: you need accredited training or studies in the area of human behaviour such as counselling, guidance, psychology, social work or legal advocacy, and you must pass the Academy in full.

• To be certified: accredited training or studies in the area of human behaviour such as counselling, guidance, psychology, social work or legal advocacy.Verified against the official source
• Pass the full Academy: a minimum of 40 hours of seminar, workshop or training, plus 40 hours of supervised practice.Verified against the official source
• Obtain an overall score of no less than 70% in the evaluations, which include quizzes, case analyses and an exam.Verified against the official source
• To renew: 12 hours of continuing education every two years on domestic violence, sexual assault, stalking, dating violence, human trafficking and approved related topics.Verified against the official source

• Negative Criminal Record Certificate.
• Evidence of academic preparation: diploma, certificate or official transcript.
• Photo identification.
• Resume or Curriculum Vitae.
• Evidence of unblemished professional reputation: a professional recommendation letter, a "good standing" certificate and a current professional credential.
• Negative Certification under Ley 266-2004, the Registry of People Convicted of Sexual Offences and Child Abuse.
• Being available to be interviewed by the staff running the Academy, and consenting to drug testing at any time.

1. 1

   Step 1: If you are the one going to court: ask for an advocate

   You do not have to walk into a domestic violence or sexual violence hearing alone. The certified legal advocate accompanies you to court hearings, civil or criminal, and the Reglamento lists that as their first function. You can ask about legal advocacy at the Specialized Gender Violence Courtroom in your judicial centre, at a shelter, or by calling OPM at 787-721-7676.

2. 2

   Step 2: What the advocate does do

   Article 5 of Reglamento 9543 lists it in full: accompany you to hearings, provide emotional support, assist you in completing the Protection Order Petition Form, give you information about your rights, help move the proceedings along, work out a safety plan together with you, coordinate other services available in the community, and give you guidance on the legal and judicial processes and whatever assistance is necessary during the judicial process. All of this may be done in person, by phone or virtually.

3. 3

   Step 3: What they do not do: they are not your lawyer

   That same Article 5 ends with a sentence to read in full: all of the above, "without including legal advice or legal representation." The advocate will not give you legal advice and will not represent you in court. If you need representation, that is a separate thing and must be sought separately. Knowing this beforehand keeps you from arriving at court believing you have a lawyer when what you have is accompaniment, support and guidance — valuable, but different.

4. 4

   Step 4: What you tell them is protected

   Article 11 of the Reglamento refers to Article 4.2 of Ley 54-1989: all communication between the people served at OPM and its staff shall be privileged and protected by the confidentiality privilege of Puerto Rico’s Rules of Evidence. The same law extends that privileged and confidential character to communication between a survivor and any other public entity or body providing services to survivors, consistent with Rule 26-A of the Rules of Evidence and the Bill of Rights of Victims and Witnesses of Crime. OPM and the non-profit entities must take measures to guarantee that confidentiality.

5. 5

   Step 5: How to know the person is actually certified

   The identification credentials of every legal advocate are issued only by OPM, and they are what allow access to the courts. OPM keeps an electronic registry of everyone certified. The authorization is valid for two years. If someone presents themselves as a legal advocate, you can ask for their OPM credential, and you can check with OPM at 787-721-7676.

6. 6

   Step 6: If an advocate behaved badly, an investigation can be requested

   Article 9 of the Reglamento says that when unethical conduct or a legal violation is alleged against a person authorized to practise advocacy, the matter must be referred to OPM’s Auxiliary Attorney for Legal Affairs (PAAL), and that OPM may investigate on its own initiative or at a party’s request. The investigation request must include the name and mailing addresses of all parties, the facts constituting the violation, reference to the applicable legal provisions if known, and the signature of the requesting party, their legal representative or the OPM official receiving the request. OPM may impose sanctions, including revoking the certification and the authorization.

7. 7

   Step 7: If you are a professional and want to be certified: the Academy

   The Academy is a training seminar that may be given by OPM or by a private non-profit entity authorized by OPM, whose curriculum OPM must approve beforehand. The theoretical phase is never less than 40 contact hours, and there are 40 hours of supervised practice that can be split between practice supervised by a legal advocate in a Specialized Gender Violence Courtroom and practice in a shelter. Public agency officials or non-profit employees who can show more than six months providing direct service to survivors in Specialized Courtrooms or shelters may have that experience validated as equivalent to the 40 practice hours, with a certification signed by the agency head or the organization’s director and OPM’s approval. You must score 70% or more across the evaluations, which include quizzes, case analyses and an exam, and hand in the required documents and assignments.

8. 8

   Step 8: Applying to the Academy, and then the authorization

   These are two separate procedures with two separate forms. First you apply for admission to the Academy with the Admission Application, together with the eight documentary requirements, on or before the call’s deadline: the Reglamento says expressly that applications outside the established date will not be considered, and that all documents must be current when handed in. The evaluation uses defined metrics with per-candidate scores and the highest-scoring people are selected; entry depends on available spaces, which vary each year. Refusing to take part in a required process or missing the interview may be cause to deny entry. The decision is notified in writing. Once the Academy is passed, you apply to OPM for the authorization to practise, using the Application and Authorization form, and OPM issues the authorization together with the identification that grants access to the courts.

9. 9

   Step 9: Renewing every two years

   The authorization lasts two years. To renew it you must complete a minimum of 12 hours of continuing education every two years on domestic violence, sexual assault, stalking, dating violence, human trafficking and approved related topics, and attach documents certifying the topic, the date and the contact hours. This requirement applies after the first two-year authorization expires. OPM publishes a list of pre-evaluated courses to make validation easier; if you took the hours at an organization that has not been pre-validated, OPM will ask for evidence of the curriculum and contents in order to review them. If you do not have the hours when you renew, an additional 90 days may be granted with a provisional authorization for that term, and once the evidence is handed in the authorization is granted for the remainder of the two years.

10. 10

    Step 10: If you are denied

    If OPM finds cause to deny a certification or recertification, you have 15 days from receiving the denial to file a written reconsideration request, sent to OPM’s Human Resources Management. OPM has 20 business days to answer it. If reconsideration is denied, or if that term expires without an answer, you have 30 days to seek judicial review at the Court of Appeals. For a non-profit entity denied an application to run the Academy, the terms are 15 business days to request reconsideration, 20 business days for OPM to answer and 30 days for judicial review.

Office of the Women’s Advocate, 161 Avenida Juan Ponce de León, San Juan 00917. Mailing address: Apartado 11382, Estación Fernández Juncos, San Juan PR 00910-1382. Switchboard: (787) 721-7676. Fax: 787-721-7711. TTY: 787-725-5921. For advocacy certification or recertification, the Auxiliary Attorney for Education and Services answers at 787-721-7676, extensions 2808 and 2860, or at intercesoraslegales@mujer.pr.gov. On the toll-free line, both of the things OPM publishes have to be said: its website lists it as 1-877-722-2977, and the letterhead of its own renewal-requirements PDF lists it as Confidential Guidance Line 24/7 (787) 722-2977.

• Believing the legal advocate is a free lawyer: the Reglamento expressly excludes legal advice and representation.
• Going alone to the hearing without asking whether legal advocacy is available at the Specialized Courtroom.
• Not asking for help with the Protection Order Petition Form, which is one of their express functions.
• Not making use of the safety plan: the Reglamento lists it as part of the advocate’s job.
• Accepting as an advocate someone without an OPM credential, since OPM issues them and keeps the registry.
• As a professional, applying after the call’s deadline: the Reglamento says such applications are not considered.
• As a professional, letting the two years lapse without the 12 continuing education hours.

These are the government pages this guide is based on.

• Oficina de la Procuradora de las Mujeres (OPM)

  Procuradora de las Mujeres

  www.mujer.pr.gov

• Reglamento 9543 — Certification and authorization of legal advocates

  opm

  docs.pr.gov

• Application and authorization to practise as a legal advocate

  opm

  docs.pr.gov

• Admission application for the Legal Advocates Academy

  opm

  docs.pr.gov