How to vet a paperwork agent (gestor) or lawyer before hiring

Terms used

• Gestor — A gestor is a licensed paperwork agent who handles administrative procedures with Spanish offices for you.
• Colegiado number — The colegiado number is a professional's member number in their official professional body.
• Hoja de encargo — The hoja de encargo is a written engagement letter setting out the work, fee and terms.
• Presupuesto — A presupuesto is a written quote for the work and its price.
• IVA — IVA is Spanish sales tax, charged at 21% on professional fees.
• Suplidos — Suplidos are out-of-pocket costs the professional pays on your behalf, such as official fees.
• Factura — A factura is an official invoice showing both parties' tax details, the service and the tax charged.
• NIF — The NIF is a tax identification number.

Key rules

• Verify first: Ask for the colegiado number and proof of professional liability cover, and check both with the professional's colegio.
• Practising lawyer: A lawyer should be registered as practising (ejerciente), not just listed.
• IVA: IVA of 21% applies to the professional's own fees but not to sums paid for you.
• Invoice: Do not pay without getting a proper factura.

The four checks before you pay

Do all four before you pay anything: confirm they are registered, confirm they are insured, get the terms in writing, and make sure you will get a proper invoice. If a helper resists any of them, choose someone else.

Check they are registered

Ask for a colegiado number. This is the member number their professional body gave them. Then check it yourself. Do not rely on the number alone.

• Gestor: Contact the regional Colegio de Gestores Administrativos where the gestor is registered. You can also use the member search (buscador de colegiados) on the national council's website. Confirm the person is currently active.
• Lawyer: Use the public online lawyer search run by the national bar council. It shows whether the person is registered as practising (ejerciente) in a colegio de abogados. You can also ask the provincial colegio directly, using the lawyer's colegiado number.

A person who is registered but not practising is not the right choice for your case.

Check the insurance

Both lawyers and gestores must carry professional liability insurance. It pays out if they make a mistake that costs you money. Ask for a copy of the policy certificate. It should show the insurer, the policy number, the amount covered and the dates it is valid. You can also ask the colegio to confirm it.

Get it in writing

No general law forces every helper to give you a written fee agreement. It is standard practice, though, and you should insist on it. Ask for a hoja de encargo or a presupuesto before work starts. It should state:

• exactly what work is covered, and what is not
• the fee, and whether it is fixed or hourly
• whether IVA is included
• the expected suplidos
• when you pay
• how long the work should take
• how you can end the arrangement
• how your data is handled, and how to complain

Fees usually leave out official fees, sworn translations, apostilles and courier costs. The 21% IVA applies to the professional's own fees, but not to sums they pay for you. Ask for those at cost, itemised.

Expect a proper invoice

Gestores and lawyers must issue a factura. It should show:

• your name and theirs, with NIF and address for both
• the invoice number and date
• a description of the service
• the taxable amount, the IVA rate and amount, and the total

Suplidos appear on separate lines with no IVA, backed by receipts. Be wary of anyone who offers a discount for paying cash with no invoice. If you are in the Canary Islands, Ceuta or Melilla, the indirect taxes differ, so ask what applies.

Use the lists below

The documents list shows what to ask for, and the checklist gives the questions. The FAQ answers common doubts.

Documents you need

• Colegiado number from the gestor, to check with their Colegio de Gestores Administrativos that they are currently active

• Professional liability certificate or policy certificate from the gestor or lawyer's insurer, showing insurer, policy number, coverage amount and validity

• Written fee agreement (hoja de encargo) or quote (presupuesto) from the gestor or lawyer, setting out scope of work, fee, IVA, expected suplidos, payment terms, exclusions, duration, how to end it, data protection and complaints

• Invoice (factura) from the professional, showing both parties' names, NIF and addresses, number, date, service, taxable base, IVA rate and amount, and total, with suplidos listed separately and supported by receipts

Questions to ask before hiring paperwork help

• Ask a gestor (a licensed paperwork agent) for their colegiado number, then check that it is active with the regional Colegio de Gestores Administrativos or its member search.

• Ask for proof of professional liability cover (the insurance that pays if they make a mistake) and check it with their colegio.

• Ask exactly what work is covered, from reviewing documents and filling in forms to submitting the application and following up on notices.

• Ask whether the fee is fixed or hourly, and whether it includes IVA (Spanish sales tax).

• Ask which extras are not in the fee, such as official fees, sworn translations, apostilles, certified copies, courier, notary costs and appeal work.

• Ask how suplidos (out-of-pocket costs they pay for you) are charged, and ask for them at cost and itemised.

• Ask for a written quote or hoja de encargo (engagement letter) that sets out the scope, fee, exclusions, payment terms, duration, how to end the arrangement, data protection and how to complain.

• Ask how they will act for you without your passwords, and walk away if they ask for your Cl@ve or digital certificate.

• Treat as a red flag any helper who will not give a colegiado number, will not put the price in writing or asks for payment before saying what is included.

Frequently asked questions

Does a gestor or lawyer have to give me a written fee agreement?

No, no general law requires a written fee agreement for every job, but you should insist on one anyway. Lawyers must tell you their fees up front, and consumer law requires price information before you commit. A good one states the scope, the fee, what is excluded, how to end the arrangement and how to complain.

What should a proper invoice from a gestor or lawyer show?

A proper invoice shows both your names, tax IDs (NIF), addresses, an invoice number and date, a description of the service, the taxable base, the IVA rate and amount, and the total. Out-of-pocket sums paid for you (suplidos) should be listed separately, without IVA, with receipts.

Are gestores and lawyers required to carry professional liability insurance?

Yes, both lawyers and gestores must carry professional liability cover under the rules of their professions. Ask for a copy of the policy certificate showing the insurer, policy number, coverage amount and validity dates, or ask their colegio.