Lack of Communication from Spanish Lawyers

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28 Mar 2021 13:43 by gill_malouf Star rating in Stockport, Cheshire. 202 posts Send private message

I first discussed communication, I believe,  in 2017. It pains me to again discuss/vent my feelings on the unprofessional attitude of Spanish based solicitors/lawyers. Do not be fooled by their marketing promises. 

My present experience saw my Lawyers, the professionals, take the already liquidated developer (Interlaken 2003 SL) to court.....so I have ended up funding that. However, the firm in question made the most of marketing a class action some years ago (prior to my developers court hearing) where the developer AND the bank were both involved in the 1st Instance hearing.

Fast forward to the Bank claim first instance, where I had to attend, the hearing lasted all of 20 minutes. I was instructed to be outside the court by a certain time, whilst there I waited and waited for the Barrister, who turned up considerably late - so my anxiety level was distinctly high! 

The interpreter stated they didn't do 'technical' interpretation....so that was also very concerning. The promises made by the developers literature concerning the development were not mentioned. It all appeared to hang on the actual generic bank guarantee and the fact that the apartment was delivered late.

 

I left the court wondering what had just taken place! When I got the Court Judgment I discovered this was a joint hearing, the Lawyers had 'added' another party without informing me or my consent!! The payments from me to my Lawyers was also poorly managed. I sent all the necessary dispursement funds through when asked, and in 2018 sent a considerable sum that should, logically, have gone towards the developers won court hearing - but where they were liquidated ages before. The money transfer funds were not put to the developers case, but the banks first instance. 

I asked to see the invoices at this point, as I was being pushed to pay further funds despite being told that all that was needed was the dispursement funds. I discovered accounting errors so obviously no-one double checks the accounts prior to presenting them to the client.

I looked over the emails received over the years and discovered an email stating that I would receive 10% discount for a 'shared court application' ie the bank claim. However I had to forward this email to the firm and at that point I asked for the table of fees that they have repeatedly stated they provided me with before engagement - I have not received evidence of this. I should add that the 10% discount was only allowed off the 'bank first instance' and not the appeal. 

 

I have heard off other English deposit payers who engaged other lawyers to discover that their Lawyers were more reasonable - one person told me their court costs were 2k Euros as there were 8 parties to their class action - meaning that their firm of Lawyers charged an overall 16k Euro. I have a feeling that the other party in my claim was put with me so they could actually piggy back on my claim because of the way things have transpired.

My present case is now at an end and on the 29th of December I was emailed and told the bankers draft was with the Barrister (I am not sure if this was the Banks Barrister or mine - there was no clarity. Then I was asked if I would sign a very dodgy letter in Spanish & English - so where is my Power of Attorney?

On the 10th of February this year I received an email stating that they were getting in touch with the Court Agent and asking what was happening - over 6 weeks later and I have received nothing...oh and I have paid the majority of the costs apart from approximately 440 Euros. Last but not least I should add that I was widowed in 2010 and have actually sent other clients to the firm.

I am deeply disappointed to say the least that when I was perceived as a debtor I was effectively chased for payment despite their table of costs stating at the bottom all that was due was the disbursements. My eyes are truly wide open now! I would add that I have paid a price for going to Spain with more money than sense in 2004.

I should add that, according to my memory, the scale of charges/costs doesn't include the 20 odd percent fee for sorting the interest and won court costs awarded from the bank -  funds sent after you win your claim. You only find that charge out at the end once they have already deducted it!!!

 

 

 

 

 

  

 

 


This message was last edited by gill_malouf on 28/03/2021.


This message was last edited by gill_malouf on 28/03/2021.



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28 Mar 2021 15:11 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1012 posts Send private message

Kavanagh´s avatar

Hello Gill

I am not sure of the purpose of your post. EOS forum and it’s members have no jurisdiction over the Spanish legal profession. If you have a complaint regarding your Spanish lawyer you should find out before which specific Bar Association he/she is registered in. He/she could be registered in more than one. Contact the provincial Bar Association and lodge a formal complaint. It is recommended a second lawyer (if you can find one willing) represents you filing this formal complaint as specific Deontological rules should be quoted as having being breached. The Bar Association normally contacts the lawyer to hear allegations and then rules if there has been some breach of conduct or not. If the ruling is negative, it can be appealed (recurso de alzada) to a higher regional instance.

Good luck.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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28 Mar 2021 16:15 by gill_malouf Star rating in Stockport, Cheshire. 202 posts Send private message

Hello Kavanagh! 

 

I an venting my annoyance and hopefully raising peoples awareness of this issue, as the Lawyer gets a lot of business from EoS. It was through EoS that I first made contact with the Lawyers. If I knew then what I know now I would have gone to another firm who actually do care about clients. This Lawyer does podcasts saying how much they care...when in reality it just isn't true.

 

Yes I fully intend to make an official complaint (I have someone who is Spanish for helping with the translation. Unlike many on here I have used my own name from the outset.

Regards,





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28 Mar 2021 16:35 by baz1946 Star rating. 2211 posts Send private message

Sadly it's not just the Spanish lawyers who are at fault here, I have mentioned this before, my house was built on land that the builder did not own because he bankrupted the company, long story. My English solicitor / lawyer (Large decent company) told me a pack of lies about this, and still kept the lies up even when I pulled him up over it and torn his lies to shreds.....Even after all my business dealings I still don't know fully who to believe, what they tell you is something you want to hear, but don't seem to get.



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28 Mar 2021 17:05 by gill_malouf Star rating in Stockport, Cheshire. 202 posts Send private message

Not sure whats up with EoS either as my post figure never increases..it stays at 198....so miss Norman Sands, he was blunt but very straight. 





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28 Mar 2021 17:19 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1012 posts Send private message

Kavanagh´s avatar

Hello Ms Gill Malouf

I am sorry I did not realise in your OP which lawyer you were referring to, now you have made it clear by all but naming them.

Perhaps standards of service and communication of all lawyers and solicitors worldwide are a matter of opinion. I personally have never experienced lack of communication when they are requesting money from me, in fact somewhat the opposite with several emails and phone calls per day.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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28 Mar 2021 18:05 by gill_malouf Star rating in Stockport, Cheshire. 202 posts Send private message

Lawyers/Solicitor communication is extremely good when they are demanding money from their clients - but we don't get the same level of attention when its the other way round. Some solicitors don't even try to co-operate and commuicate when their egos come into play. I have never known a firm use a PR firm either to attract more business. 

I expect I will be contacted now after coming to EoS to vent my frustration.....

 


This message was last edited by gill_malouf on 28/03/2021.



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