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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 142. No win, no fee in Spain
Tuesday, September 15, 2009 @ 5:56 PM

How are lawyers fees calculated in Spain?

Lawyers fees depends on the rules adopted by the Bar Association, which establishes minimums, and the circumstances of difficulty, time and effort to raise each case, together with  the economic interest of it. 
 
Is it possible to have a "no win-no fee" agreement with your lawyer in Spain?

The " quota litis  or no win no fee" agreement  is one agreement between the attorney and his client by which the latter undertakes to pay a percentage on the outcome of the case.
 
This is a fee agreement concluded before the end of the case on a percentage of the profit realized by the end of the process. This agreement  of  "case quota" between lawyer and client was prohibited until last 4th of  November 2008,  when the entire Court of Administrative Law of the Supreme Court agreed to cancel the ban agreeing with the consideration of the claimer lawyer who defended that the prohibition  undermined free competition.

The General Council of Spanish Lawyers (CGAE) brought an appeal for annulment against the Supreme Court ruling that allows the payment of “ case quota” CGAE believes that the vast majority of Member States of the European Union do not regulate the pact " case quota” because "it is contrary to good administration of justice in so far as it encourages speculative litigation and promotes the  lawyer becoming a partner of the customer, at which point it loses its independence. "
 
I am with the CGAE at this. When a good lawyer decides to undertake a case is because he/she believes is worth pursuing and his whole work needs to be paid, we lawyers committ to good study and defence of cases but cannot committ to results as it certainly finally depends on the Judge, obviously.

 To act under the no win-no fee scheme seems to me like turning into a merchant of the legal defense and  a lawyer is  not an agent but a honorable seeker of justice ( regardless the Judge finally agrees with him/her or not). Actually, his fees are called " honorarios" ( refering to honour) in the Spanish language.
 
It does not mean that there are cases that can be taken and conducted  ( for different reasons) with a minimum provision of funds and with the agreement for the rest of the fee to be paid at the end. Or that a lawyer can do a good discount on fees, considering specific circumsntances, or that the payment can be done in several instalments... or any other possibility than imagination and good will can offer but.....
 
please... let´s not lose our values and our identity!
 

Cazorla (Jaen) autumn by Maximo Lopez at Flickr.com



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12 Comments


Allan Pickwell said:
Monday, May 24, 2010 @ 6:33 PM

very interesting !


Allan Pickwell said:
Monday, May 24, 2010 @ 6:34 PM

very interesting !


Brenda Anderson-Browne said:
Thursday, August 12, 2010 @ 8:24 AM

I sympathise with the lawyers, but at the same time I find the system for complaint and getting any action on it is so frustrating if you cannot afford to employ a lawyer over here. As an example I am currently trying to sort out a noise problem. In England I would have approached my local council first and they would register the complaint and look into a solution. You can also contact your local police for help at any time day or night. It seems though here that nothing gets done unless you have a lawyer and not everyone can afford to do this.


Maria said:
Thursday, August 12, 2010 @ 9:27 AM

You can also contact Local Council and Police here for this sort of problems without the need of a lawyer. What it might happen for foreigners is that as being strange to the language and the system, they may need additional support and that is why you may think you need a lawyer for almost everything. It is not the case.
Maria


maz said:
Friday, September 23, 2011 @ 11:27 AM

you canot count on the legal system i was awarded over 1000 euros and it has never been recieved. so much for the courts


Maria said:
Friday, September 23, 2011 @ 12:53 PM

Did your lawyer enforce the Court decission?
Kindest regards,
María L. de Castro


Diana Moyles said:
Monday, October 24, 2011 @ 12:34 PM

Our car was hit last December by an elderly Spanish driver and was a write off ,he admitted it was his fault but because the Informe Estadistico only says he 'could' have caused the accident his insurance company will not pay out and our insurance company will not take the case to court because of this and the lack of witnesses.We have been hunting for a 'no win no fee' lawyer here in Spain as we have been quoted over €5000 to take the case to court.We even had to pay €90 just for the lawyer to look over all the paperwork we had just to get this quote.Looks like we are out of Luck !!!!!!


Maria said:
Monday, October 24, 2011 @ 12:41 PM

What proofs do you keep from the accident?
Kindest regards,
María


Diana Moyles said:
Monday, October 24, 2011 @ 12:52 PM

We have the Informe Estadistico from the Guardia who attended the accident and spoke to both drivers and the emails to & from Knights insurance brokers and the drivers statement (our neighbour was driving the car with our permission.We had 3rd party cover.


Maria said:
Monday, October 24, 2011 @ 12:57 PM

Diana:
If you want you can send it to us for our out of charge appraisal. We will also try to minimise provision of funds as much as we can if you wanted to hire us. Oujr email address is:

web@costaluzlawyers.es


Diana Moyles said:
Monday, October 24, 2011 @ 2:37 PM

Thank you Maria I will sort out the paperwork and email it over to you.Thank you


Debby said:
Saturday, October 20, 2012 @ 5:56 PM

We were also looking for a lawyer on a no win no fee basis for our case. Land we bought in Spain was not legally owned by the seller even though we hired a spanish lawyer to represent us. According to the authorities our names are on the escrituras but another 3rd party says they now want their land back. We paid over 100,000 euros 5years ago. We have since paid for planning permission to build on the land which cost a further 10,000 euros and took over 3 years to obtain. We have been paying tax on the land since we bought it and they even froze our bank account until we paid the dues on it this year. The lawyer who represented us in the purchase is ignoring our requests for help and information. I have reason to now believe he is a relative of both the original seller and the owners now pursuing us for the deeds to the land. Who knows how much this will cost and how long it will take. We sold our home in the UK to chase our dream. That is now shattered and staying in rented accommodation as we can't start building with this hanging over our heads.


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