What the duty lawyer (abogado de oficio) does for you

Key rules

• Choice: You cannot pick your duty lawyer; the Colegio assigns one from its rota.
• Cost: The service is free to you only if legal aid is granted.
• Changing lawyer: You can ask for a change only with a justified reason, through the Colegio's duty commission.
• Scope: The assignment covers one proceeding, and an appeal may need a new designation.
• Arrest: If you are detained, a duty lawyer is free at that stage whatever your income, but your means are checked afterwards.

Who your lawyer is

You do not choose a duty lawyer. The local Colegio de Abogados (the bar association) gives you one from its duty list, in turn, through the turno de oficio. If legal aid is granted, the service is free to you. The state pays the lawyer under a fixed fee scale.

If you want a lawyer you pick yourself, you must hire and pay that lawyer privately. Legal aid does not cover those fees. The exception is a lawyer who agrees to work under the turno. The decision below helps you compare the two routes.

What is covered

• Free advice before proceedings start.
• A lawyer to defend you, and a procurador (court representative) where one is required.
• Free notices in official gazettes.
• No deposits to file appeals.
• Free reports from court-appointed or public experts.
• Free copies of public deeds and documents from notaries and registries.
• Translation and interpretation costs, and exemption from court fees.
• A reduction of 80 percent in fees for private experts, if you ask.

What your lawyer does

Your lawyer advises you, prepares and files your claim or defence, and represents you in court. This applies only to the proceeding you were assigned for. A procurador is often assigned too, so ask.

Duty lawyers usually handle many cases for a low fixed fee. You may find they have limited time for you, and quality varies. Help yourself by bringing every document to the first meeting, asking for updates and staying in touch.

One proceeding at a time

The assignment covers one instance of the case. If you need to appeal, you may need a new designation. Ask your lawyer at the start what is covered.

Changing your lawyer

You can change your lawyer only for a justified reason, such as a conflict of interest or a lack of communication. Write to the Colegio's duty commission and explain your reasons. The Colegio decides who replaces the lawyer. Your lawyer can also withdraw from the case for good cause.

Changing mid-case can be hard without a good reason. Each Colegio has its own procedure, so ask yours.

If you are arrested

Anyone detained in Spain, including foreigners and non-residents, has the right to a lawyer. If you do not name one, the police must ask the Colegio to send a duty lawyer, who has to attend promptly. In criminal matters you may name your own lawyer instead. Help during detention is free whatever your income. Your means are checked afterwards. If you turn out not to qualify for legal aid, you must pay the lawyer's fees.

When you may have to pay

The service is free only if the aid is granted. You pay the lawyer and procurador if the aid is refused or revoked. The costs can also come back to you if your finances improve within three years of the end of the case. If you win and the other side is ordered to pay costs, that money may be used to repay the state.

Legal aid duty lawyer or your own paid lawyer: which fits?

Should you use a legal aid duty lawyer or hire your own paid lawyer?

• Duty lawyer paid by legal aid: Your household income is within the limits (twice the IPREM, or 2.5 times for families of four or more) and you accept that the Colegio de Abogados assigns your lawyer in turn from its duty roster. You cannot pick the person.

• Your own paid lawyer with a written engagement letter: You are over the income limits, or you want to choose your lawyer. Legal aid does not cover the fees of a lawyer you pick yourself. Ask for a written engagement letter (hoja de encargo) before you pay anything.

Choose legal aid if you are eligible and having no say in who represents you is acceptable. Otherwise choose a private lawyer and get a hoja de encargo that names the matter and what work is included, how the fee is set (fixed, hourly or success fee) and how VAT is treated, the costs not in the fee (court fees, procurador, experts, notaries), any advance payment, payment terms, how the relationship can end, and your right to challenge fees through the Colegio. In a criminal case, if you are detained, you may name your own lawyer.

Checklist

• Bring every document about your case to your first meeting with the duty lawyer.

• Ask whether a procurador (court representative) has also been assigned to you.

• Ask your lawyer for updates on your case and keep in regular contact.

• Confirm with your lawyer which proceeding the designation covers, and ask whether an appeal would need a new designation.

• Write to your Colegio's duty commission with your reasons if you have a serious problem such as a conflict of interest or no communication.

• Tell the police you want a lawyer if you are detained, and ask them to call the duty lawyer if you have none of your own.

What to watch out for

• Free only if the aid is granted: The duty lawyer is free only while legal aid is granted. If the aid is refused or later revoked, you must pay the lawyer's and procurador's fees. Make sure the aid has been granted before relying on it, and ask your Colegio what happens if it is refused.

• Your finances can bring the bill back: If your finances improve within three years of the end of the case, you may have to repay what the case cost. The repayment rules are set out in the article on refusals and repayment. Keep your lawyer's final paperwork and read the repayment article if your situation improves.

• Costs after a lost or won case: If you lose and are ordered to pay the other side's costs, you pay them only if your finances improve within three years. If you win and the other party must pay costs, that money may go to repay the state. Ask your lawyer how costs were decided when the judgment arrives.

Frequently asked questions

Can I choose my duty lawyer?

No, the Colegio de Abogados (the local Bar Association) assigns your duty lawyer from its roster, in turn, and you cannot choose. If you are detained in a criminal matter, you may name your own lawyer. Choosing anyone else means paying that lawyer yourself, as legal aid does not cover their fees.

How do I ask to change my duty lawyer?

You send a written request to the duty commission of your Colegio, explaining your reasons, such as a conflict of interest or no communication with your lawyer. The Colegio decides on a replacement, and a change is not guaranteed without good reason. The lawyer can also step aside for a justified cause.

Does my duty lawyer also handle an appeal?

Not automatically, because a designation covers one instance of the case only. If you want to appeal, you may need a new designation. Ask your lawyer about this before the time to appeal starts to run.

Do I get a free duty lawyer if I am arrested?

Yes, if you are arrested in Spain and do not name a lawyer, the police ask the Colegio to send a duty lawyer, free of charge whatever your means. Your means are checked afterwards.

Does legal aid cover an interpreter or translation?

Yes, when legal aid is granted it also covers translation and interpretation costs, plus court fees. It covers a court representative (procurador) where one is required, and public deeds from notaries and registries.