How to complain about poor service from my lawyer

I sold my home in Costa Blanca in May 2021 and to date the lawyer who had my power of attorney closed my bank account but has not sent the balance to my UK bank account despite several messages sent urging them to send the cash. So I need advice on what action can I take to to obtain my money.

Send them a letter, preferably in Spanish, stating the basic facts, telling them that unless they do so without further delay you'll be issuing a denouncia.

Hello Acer 

Will a denouncia get the OP his/her money or is it just ink on paper?

Kev,

Who knows!  No guarantee - but it's worked very well for me a couple of times, so I reckon worth a try.

Do you have a better idea?

Acer my good friend

Not sure of a better idea, but the OP’s situation says it all (a Spanish lawyer has your money and will not give you it). The lawyer is a thief but in Spain, the unwritten law seems to be (whoever has the money in their pocket owns it).

I suppose a better idea would depend on how much money is involved and where the OP is located. If it is only a few thousand € the lawyer probably considers it his/her money and a perk of the job. The OP could take legal action, but that would probably mean employing another thief lawyer to enter into the joke justice system.

If it was me I would either write it off or stand outside the lawyers’ office every day with a large placard saying xyz lawyer is a thief (El abogado xyz es un ladrón).

Not at all sure of your tactics Kev.  For me the expression "when in Rome..." applies.  You can do that in the UK but...

When you stand outside with your placard you may only draw attention from the Police.  I'm really impressed by the Spanish Police, but they are not so hesitant and politically correct as your average British bobby, you may end up in a cell for a while. 

However the Police here are very familiar with the Denouncia process and if you present your case to them in a simple logical way you may be able to bring the problem to an early satisfactory conclusion.
 

Ace, could you be more exact. Are you saying that if the OP (a Brit foreigner)  issued a denouncia the Spanish police would take criminal action against a Spanish lawyer and get the OP his/her money back? 

Are you also saying the OP would be imprisoned by the Spanish police for making a peaceful justified complaint? "when in China..." applies.

Interesting replies from eveyone. I no longer live in Spain so I cannot use the denucia method or stand outside in the street with placards. I believe there is a system similar to UK's trading standards office. Apparenly all buisnesses in Spain have to hold a book into which one can lodge a complaint. Has anyone in Spain used this method to seek redress from a lawyer or other buisness?

Interesting article from Spanish Property Insight ( albeit dated 2018) re how to file a complaint.

https://www.spanishpropertyinsight.com/2018/03/09/how-to-file-a-complaint-against-a-lawyer-in-spain/

Much will depend of course if you can find an independent Spanish lawyer who abides by their Deontological rules as

specific Deontological rules should be quoted as having being breached by the lawyer you are complaining about.

So that would appear to be the start point, I.e. you would need an assessment by an independent lawyer to identify if there has been a breach according to the rules.

That's useful to know Ads, but I suspect the likely fees would wipe-out the amount owed.  Along the same lines I once issued a formal complaint to the Colegio de Abogados, then found the individual was not actually a qualified solicitor!  There are a few real rogues - I'm amazed by the general complacency.

JacksonFive the complaints book you mention is another name for the Denouncia procedure, involving the Civil Police.  As I said, it's very straightforward, but yes I believe you must be in Spain to bring the complaint.  You could mention "Denouncia" and them for a "claim form"...

Hello ads

In theory yes, in reality, no. There is an unwritten rule in the legal profession (no law firm will take action against another law firm).

Unfortunately another dead end.

Hello JacksonFive. How much money does this lawyer owe you?

More interesting references

https://uk.practicallaw.thomsonreuters.com/6-634-9270?contextData=(sc.Default)&transitionType=Default&firstPage=true

13. Is membership of a national bar association, law society or similar mandatory?

Membership of a bar association is a pre-requisite to practising as a lawyer. There are 83 bar associations in Spain; each of these provides lawyers and citizens with counselling services and legal aid.

The contact details of the main bar associations in Spain are:

• Bar Association of Madrid: T +34 917 88 93 80; E icam@icam.es; W http://web.icam.es/
   
• Bar Association of Barcelona: T +34 93 496 18 80; W www.icab.es/
   
• Bar Association of Oviedo: T +34 985 21 23 70; E info@icaoviedo.es; W www.icaoviedo.es/
   
• Bar Association of Sevilla: T +34 95 450 27 57; W www.icas.es/
   
• Bar Association of Toledo: T +34 925 22 32 67; E secretaria@icatoledo.com; W www.icatoledo.com/ColegioMain.aspx
   
• Bar Association of Zaragoza: T +34 976 20 42 20; W www.reicaz.org.es/portalReicaz/home.do

19. To whom should complaints about lawyers' professional conduct be made?

Complaints about a lawyer's professional conduct should first be filed with the dean of the relevant bar association, who will try to resolve the situation by mediation. If a resolution cannot be achieved, legal action can be taken against the relevant lawyer.

20. Can lawyers/law firms hold client files, money or property in the event of a dispute about their retainer or fees?

Documentation received from a client must be available for return to that client. A lawyer cannot retain documentation under the pretext of outstanding payment of fees. However, the lawyer can keep copies of the documentation.

In addition, a lawyer cannot make any payment with the money or assets of a client unless this is authorised by a legal provision, judicial decision or if the client gives express consent. Lawyers cannot hold money of their clients as payment of their fees unless the client expressly consents to this in the form order or later in writing.

https://www.gov.uk/government/publications/spain-list-of-lawyers

In general however Kavanagh it probably needs noting that reform has to come from within, so we can only live in  hope that there are some good law firms brave enough to strive for a better way forward that has the potential to  promote trust and respect. The time to worry is when the Bar Associations or the highest courts in the land or other regulatory bodies responsible for ensuring compliance turn blind eyes. 

At the end of the day we all deserve better don't we? 

But in reality and in this case of course it will sadly depend upon the amounts involved.

On a positive, there have been cases relating to Ley57/68 bank claims where (via a good law firm) the relevant Bar Association helped to ensure that original conveyancing lawyers were " encouraged" to provide essential proof of where monetary deposits were made i.e. provision of essential evidence required for legitimate legal claims against the Banks to proceed.

The sad thing being that rogue lawyers who behave unethically or contravene the rules do no favours to the reputation of the legal profession or the real estate industry in Spain as a whole, hence the need for the regulatory bodies such as the Bar Associations etc to act where necessary.
If only the legal profession would recognise that this incentive to reform from within has far greater potential to maximise business and reassure consumers via enforcing compliance. Win win....

Hello ads my good friend.

Unfortunately, we will always have laws, rules, compliance, and complaints procedures that in reality amount to nothing more than worthless ink on paper.

As you say ‘’But in reality and in this case of course it will sadly depend upon the amounts involved.’’ Mainly because the client is a foreigner now in the UK, I will give him/her the run around until it goes away, it will be more expensive and time-consuming for the client to get their money than what it’s worth, no other Spanish lawyer will touch the case.

Ads, just out of interest, is there a  bar association website showing complaints about lawyers' professional conduct and what action the bar association enforced. “Freedom of Information Act”

Kavanagh your question relies upon an effective reporting and monitoring system in Spain which to all intents and purposes appears non existent.

So all manner of abusive behaviour, non compliance, inefficiencies, manipulative practices are sadly going unreported. 

But this doesn’t just relate to law firms compliance but also banking compliance. It’s a major problem and in some instances is even impacting the rule of law. 

But also ironically these reporting and monitoring mechanisms have also been essential to gain the necessary resources ( people and finances) to enhance the Spanish justice system and make it fit for the 21st century. 

So the question then becomes why aren’t good legal professionals consistently reporting these instances to the relevant “councils”?

Perhaps they don’t perceive this as part of their responsibilities, or they lack faith in their own decision makers. There are no doubt many reasons so I suggest you open up a discussion with them. It requires an open mind and willingness to listen to many perspectives however, so a tall order.

Of course there have been problems along the way which have led to many instances of consumer frustrations and rightful anger and disillusionment, sometimes warranted and sometimes instances that relate to highly complex legalities and processes which many have remained unaware of and require review. But this is where educational postings on EOS have been so important and I for one have been very grateful to those legal professionals who have taken time to explain the complexities so that we can put some of these frustrations into perspective or comprehend how some of these legal processes have been manipulated and abused over the years.

But none of that detracts from the fact that there is no excuse for “theft” of innocents monies…..whether this be the banks or law firms.

For example, if by Spanish law he is required to send all the money to your account, then it is possible that he does not have the right to transfer them to the accounts of a bank located in another country.