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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 257. New regulations for lawyers in Spain
Monday, April 19, 2010 @ 2:11 PM


The Law society seems to be at its most intense discussion of recent years. Take the opportunity to send suggestions and claims: I am sure they have heard all we have sent before specially regarding lawyers independency and conflicts of interests. 


One of the most interesting discussions seems to be on online legal services, which are being considered  "a form of exercise of the profession".  This formula raises fears for his connection with the intermediary companies providing legal services. Let´s see what the final proposal is about. 

The text also includes the "principle of free advertising" with the specification that this publicity can mention clients of lawyers with the authorization of those. 

On the chapter of rules for the hiring of legal services, the text includes letter of engagements and invoices to be mandatory. The goal is to achieve more transparency. The text is somehow like this: 'Before legal performance, the lawyer shall provide to the customer an order sheet setting out the services entrusted to the Law Firm, the budget and  the schedule of payments. Provintial Bar Associations will provide models of letters of engagement. 

In regard to the invoices, it is said flatly: "Lawyers must deliver invoices to customers” 

Regarding conflicts of interest, it includes a section, also much discussed, which provides support for the approach facilitated by the so-called Chinese wall: "The lawyer will not advise, defend or act on behalf of two or more clients in a same matter if there is conflict or significant risk of conflict between the interests of those customers, except if expressly authorized in writing by both parties, who will be previously informed of this fact. "
 
A suggestion: I would certainly change the adjective "significant" for "the slightest" and would add a rule for the judgement on conflict of interest to be submitted and decided by a third impartial person, a member of the Bar Association.

Among the penalties for professional societies, closure is not included, just monetary fines.
 
Another suggestion: I would certainly think about including some closure, at least temporary.
Las Dunas, con Tarifa (Cadiz) y Tanger (Marruecos) al fondo; by Chodaboy, at flickr.com
 


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