How to complain about poor service from my lawyer

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 | 2 | 3 | Next |

Forum home :: Latest threads :: Search forums
The Comments
26 Oct 2021 12:32 PM by JacksonFive Star rating. 3 posts Send private message

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.





Like 0      
26 Oct 2021 1:22 PM by acer Star rating. 1488 posts Send private message

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.



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



Like 0      
26 Oct 2021 2:14 PM by baz1946 Star rating. 2285 posts Send private message

26 Oct 2021 5:15 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1189 posts Send private message

Kavanagh´s avatar

Hello Acer 

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



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



Like 0      
26 Oct 2021 5:51 PM by acer Star rating. 1488 posts Send private message

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?



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



Like 1      
27 Oct 2021 12:23 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1189 posts Send private message

Kavanagh´s avatar

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).



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



Like 1      
27 Oct 2021 12:31 PM by baz1946 Star rating. 2285 posts Send private message

**** The lawyer is a thief but in Spain, the unwritten law seems to be (whoever has the money in their pocket owns it)*****Kavanagh, funny you mentioned this, short fact, I had a Spanish friend here in the UK, done business and deals with him for many years, short while ago I caught him taking some items which didn't belong to him but another friend I was storing them for, I pulled him up over this and his words were....'I don't care who owned them they are mine now'



Like 2      
27 Oct 2021 1:15 PM by acer Star rating. 1488 posts Send private message

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.
 



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



Like 0      
27 Oct 2021 5:07 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1189 posts Send private message

Kavanagh´s avatar

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.



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



Like 0      
27 Oct 2021 5:08 PM by JacksonFive Star rating. 3 posts Send private message

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?

 


This message was last edited by JacksonFive on 10/27/2021.



Like 0      
27 Oct 2021 5:25 PM by ads Star rating. 4095 posts Send private message

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.

 

 

 





Like 0      
27 Oct 2021 8:18 PM by acer Star rating. 1488 posts Send private message

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"...



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



Like 0      
27 Oct 2021 8:41 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1189 posts Send private message

Kavanagh´s avatar

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?



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



Like 0      
28 Oct 2021 12:23 PM by ads Star rating. 4095 posts Send private message

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:

 

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.

 

 





Like 0      
28 Oct 2021 1:58 PM by baz1946 Star rating. 2285 posts Send private message

I have listened to people who have waited many years to get money back concerning bad house deals etc, shudder to think how long you would wait to get any complaint sorted out about a lawyer, from a lawyer dealing with a complaint about his friend, another lawyer.



Like 0      
28 Oct 2021 2:45 PM by ads Star rating. 4095 posts Send private message

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....





Like 0      
28 Oct 2021 4:56 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1189 posts Send private message

Kavanagh´s avatar

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”



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



Like 1      
28 Oct 2021 9:08 PM by ads Star rating. 4095 posts Send private message

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.





Like 1      
21 Jan 2022 12:40 PM by Wolpe Star rating. 2 posts Send private message

Wolpe´s avatar

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.





Like 0      
21 Jan 2022 12:55 PM by baz1946 Star rating. 2285 posts Send private message

This is a case of 'If it ain't broken don't fix it'...Thats how in Spain it's seen, apart from this the media, the news, people who have bought of plan, tell the world about the problems getting monies back, tell of the problems that they cannot get in touch with, say builders etc, yet still buy 'Of plan', as I have said many a time...'You paid for a glossy picture of something you haven't seen or touched'....Yet.



Like 1      

Pages: 1 | 2 | 3 | Next |

Post reply    Start new thread


Previous Threads

Bank Account (Sabadell) - 0 posts
Recent tie number - 0 posts
Post Brexit overstaying - 3 posts
Owned Roof Terraces vs Uso Privitivo - 10 posts
Banking in Spain - 5 posts
Swimming pool - 6 posts
Patio door repairs - 4 posts
Desperate Hunt for suitable property - 0 posts
Spanish Legal Reclaims - 8 posts
Tax question - 8 posts
Selling property without estate agent /good Gestoria - 26 posts
Ridiculous expensive car hire prices. - 5 posts
Endesa email regarding lower tax due to high prices. - 1 posts
Community administrators - 7 posts
Blocking a rental license - 18 posts
210 Form - 4 posts
Casares - 3 posts
ending a rental contract early - 7 posts
Utilities when selling a house - 6 posts
Two months rental required Torrevieja - 1 posts
Will criminal record affect job prospects - 1 posts
parking at malaga airport - 4 posts
Villa to rent in Alicante - Costa Blanca - Spain - 0 posts
external drive vs usb - 5 posts
Form 210 - 2 posts

Number of posts in this thread: 47

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 | 2 | 3 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x