Finding and paying for a lawyer

It is for anyone thinking about, planning or carrying out a move to Spain. After reading, you will know who to hire, what it should cost, what to put in writing and how to leave a bad lawyer relationship.

Start with "How to find a trustworthy lawyer (abogado) in Spain". It shows you how to shortlist, verify and choose a lawyer who fits your problem, your region and your language. From there, move on to the page that matches your next step: working out which professional you need, understanding fees and the engagement letter, or preparing for your first meeting.

Key rules

• VAT on fees: Lawyer fees carry VAT at the general rate of 21%, shown on the invoice.
• Success fees: A fee that depends only on winning is not allowed, but a reasonable fixed fee plus a bonus tied to the result is, if agreed in writing.
• Guaranteed results: No lawyer may guarantee the outcome of a case, so a promised win is a red flag.
• Registration: Only a lawyer registered as ejerciente with a Colegio de Abogados can act for you.
• Specialism: There is no general official specialist title, so ask for the diploma and confirm it with the issuing body.
• Gestor limits: A gestor can handle paperwork with public offices but cannot give legal advice or represent you in court.

Documents you may need

Identity and residence

• Your valid ID — How to prepare for your first meeting with a Spanish lawyer, Giving someone legal authority to act for you (poder)

The home and the lease

• Proof of address — How to prepare for your first meeting with a Spanish lawyer
• The draft contract — Getting a contract checked before you sign it in Spain

Payments and receipts

• The lawyer's invoices for the work you are complaining about — What to do when your lawyer overcharges or stops responding

Other documents

• Your policy — Can legal expenses insurance (seguro de defensa jurídica) pay your lawyer?
• Letters you have received about the dispute — Can legal expenses insurance (seguro de defensa jurídica) pay your lawyer?
• Your engagement letter — What to do when your lawyer overcharges or stops responding
• A written complaint — What to do when your lawyer overcharges or stops responding
• A valid power of attorney — What to do when your lawyer overcharges or stops responding
• A recent land registry extract — Getting a contract checked before you sign it in Spain
• Proof of any community of owners debts — Getting a contract checked before you sign it in Spain
• A public deed — Getting a contract checked before you sign it in Spain

Each article lists the other documents it asks for, where you need them.

Finding and paying for a lawyer: questions that cross several articles

Can a gestor replace a lawyer for my legal problem?

No, a gestor handles paperwork with public offices, such as NIE or residence applications and tax filings, but cannot give legal advice or defend you in court. Disputes need an abogado, and sometimes a court agent (procurador). Read "Do you need a lawyer, court agent (procurador) or administrative agent (gestor)?" to match your problem to the right person.

Can I go to court in Spain without a lawyer or procurador?

Only in a few cases, such as small civil claims of up to €2,000 in a juicio verbal, the order-for-payment procedure (monitorio) and labour courts. Most civil and criminal cases require a lawyer, and civil cases generally also require a procurador. Read "Do you need a lawyer, court agent (procurador) or administrative agent (gestor)?" and "Lawyer fees and the engagement letter (hoja de encargo)" for who does what and what it costs.

How do I check that a lawyer is really registered and allowed to practise?

Search the lawyer's name and number in the national lawyers' census or the local bar association's public search, and look for the status ejerciente, which means actively practising. If the search fails, call or email the bar association (Colegio de Abogados). Read "How to find a trustworthy lawyer (abogado) in Spain" for the full checks.

Can my lawyer from home act for me in Spain?

Only if they register with a Spanish bar association (Colegio de Abogados) or qualify through the recognition route, because practising as an abogado in Spain requires registration. EU lawyers may practise under their home title once registered. Read "Can your home-country lawyer help with a Spanish problem?" for what they can and cannot do.

Do I need a notary instead of a lawyer for a property purchase or a power of attorney?

You need a notary for the deed, because only a notarised public document can be registered in the property registry, and deeds are also needed for mortgages, wills, company formation and powers of attorney for property, banking or company matters. A notary does not act as your lawyer, so a lawyer should still check the terms. Read "What a notary (notario) does and when you need one" and "Giving someone legal authority to act for you (poder)".