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Law in Spain

Law in Spain is a dedicated Blog to advise British Expats living in Spain about their legal issues through the expertise of Abad Abogados lawyers. The main purpose of this blog is helping Expats to find useful and updated legal tips to deal with Spanish Bureaucracy.

Several False Lawyer Claims are Under Investigation in Spain
10 December 2015 @ 18:17

According to a recent article featured in the newspaper ‘Expansión’, Spanish Bar Associations of Lawyers have filed several complaints with the courts against ‘false lawyers’ operating particularly in popular tourist areas, amidst fears that the reputation of the legal profession as a whole is at risk from the affect that these ‘imposers’ are having.

Lawyers report that in recent months there has been a significant increase in crimes against foreign nationals who are subject to fraudulent real estate transactions and receiving incorrect advice, mainly in Mediterranean tourist areas. According to the General Council of Spanish Lawyers (CGAE), it has detected irregular provision of legal services in the areas of Malaga, Marbella, Almeria, Murcia, Alicante and the Balearic Islands.

Manuel Almarcha, dean of the Bar Association of Lawyers of Orihuela, an area that has experienced rapidly expanding foreign investment in properties, explained to the newspaper that the problem for the group being represented is two- fold: on the one hand, work is taken away from accredited lawyers and, secondly, the consequences that entail in respect of the profession’s image when bad advice is given by someone who claims to be a lawyer when they are not. According to Almarcha, the Bar Association has already identified some cases and several complaints have been filed in the magistrate´s courts on the grounds of professional intrusion, cited under Article 403 of the Penal Code and punishable by fines and even imprisonment in certain cases.

The Spanish Lawyers’ Council  reiterates that those individuals listed as ‘not practicing’ are excluded from the legal profession as well as those that, despite offering their services  and using a legal name with all its legal connotations, do not have the regulated required professional capacity to act as such, as they are not enrolled with the Association of Spanish lawyers.

Always be sure to check whether the ‘lawyer’ you use is a genuine member of the Bar Association, local to where they are practicing.

We at Abad welcome this checking procedure as it does not only allow our clients to feel confident in using our services, but it also gives a good impression of the Spanish legal profession in general.

 

 



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4 Comments


josey96 said:
14 December 2015 @ 10:03

Can someone please tell me the difference between a False Lawyer and a good number of the so called Professional Lawyers in Spain!!!!!

I like many paid one of the so called Professional Lawyers in Murcia who was a member of the bar, to look after my interests and money when buying property, and we are still tens of thousands of pounds out of pocket due to their negligence.

I wonder if the so called Professional Lawyers will pay out thousands of pounds to take the false Lawyers to court, and end up in the merry go round of the Spanish legal system!!!!

Happy Christmas!!!!!


AbadAbogados said:
14 December 2015 @ 10:18

Dear Josey,

The difference is that if your Professional Lawyer commited a negligence you can complain to their Lawyer Association and they will have to compare and explain what has happened, besides your Professional Lawyer must have a Liability Insurance for that cases that could cover the damages and even the Professional Lawyer could loose his/her Licence, so it´s something very serious.

A False Lawyer could simply dissapear when problema arise, and could have been cheating to hundreds of clients before...

Regards,



josey96 said:
14 December 2015 @ 12:25

Dear Abad Abogados

Your are obviously one of the more professional Lawyers who does not let clients down and looks after their interests properly.

However, I'm not convinced that the Lawyer Association/Spanish Legal System would take our claim as negligence and rule against the Lawyer allowing us to claim on their liability insurance, unless you can tell me differently???

Our complaint is very simple, we paid a Lawyer who gave us a contract highlighting that they would collect all of the bank guarantees with each payment we made. (Basically, we thought our money would be safe even if the property was not built, was late or there were other problems along the way as the bank guarantee would cover this and return the money)

It was only when the Developer(way over time), started to make noises that the property was near completion, did we ask for copies of all guarantees relating to each payment as to us we were within out rights to ask for our money back, as the Developer had broken most clauses of the purchase contract.

We were then told by our Lawyer that they had not collected any guarantees for any of our stage payments, so our monies were not safe/guaranteed at any time. The Lawyer had happily let us pay the 2nd & 3rd staged payments knowing that they had not got guarantees to protect any of our money. Surely the Lawyer should have not let us pay any further payments until they had the guarantees for the 1st/previous monies we had made.

If this is not negligence then I am not sure what the Lawyer Association would class it as or what would be seen as negligence!!!!!

Kind Regards


dreamspanishhomes said:
25 January 2017 @ 10:38

si


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