I need a lawyer
The difficulty and extent of the legal system, problems related to the understanding of legal language, changes in the validity of regulations, etc. Together with the fact that the intervention of lawyers is mandatory and mandatory in some judicial processes, it makes it very likely that at a certain moment you will need to contact a lawyer.
Lawyers or lawyers are those professionals in charge of the defense and management of the parties in judicial and administrative proceedings, also assuming extensive legal advice and advice in the extrajudicial field.
Their intervention in the Justice Administration, acting before the Courts and Tribunals, is essential for the correct development of the procedures by advising the citizens and interveners on the different procedural procedures, thus guaranteeing their right to defense and legal assistance that is enshrined in article 24 of the Constitution.
In Spain, lawyers must be law graduates and be collegiate, that is, they must belong to the Bar Association of the place where they carry out their professional practice or be authorized by it.
The intervention of lawyers in judicial proceedings is mandatory and mandatory only in those cases provided for by law. However, the parties may voluntarily use a lawyer in any type of process, in which case the opposing party will be notified so that they can in turn appoint a lawyer. What is intended is to guarantee the footing of the parties in the trial, equality that can be jeopardized if one of them is accompanied by a lawyer and the other is not. In the latter case, the same court or tribunal, if it appreciates the existence of this inequality, may agree on the suspension of the procedure until a lawyer is appointed or appointed.
To determine in which cases it is necessary to intervention of a lawyer it is necessary to distinguish between the different branches or jurisdictions of law: civil, penal, labor and contentious-administrative.
- In civil affairs the compulsory intervention of the lawyer is the general rule, although a series of exceptions to said mandatory intervention are established:
- Verbal judgments whose amount does not exceed 2.000 euros and the initial request for payment procedures, in accordance with the provisions of the law.
- The writings that have the purpose of appearing in court, requesting urgent measures prior to trial or requesting the urgent suspension of hearings or proceedings. When the suspension of hearings or actions that is intended is based on causes that refer especially to the lawyer, he must also sign the document, if possible.
- In criminal matters the assistance of a lawyer is always necessary in cases of deprivation of liberty. In the other phases of the procedure, in the case of the accused, the assistance of a lawyer is also mandatory, holding the representation of the party as long as a solicitor is not appointed. An important exception is misdemeanor trials, where the lawyer's intervention is always voluntary.
- In the labor sphere the defense by lawyer will be optional in the instance. In the appeal, the litigants must be defended by a lawyer. In the appeal and in the procedural actions before the Supreme Court, the defense of a lawyer will be mandatory.
- Finally, in the jurisdiction contentious-administrative, Article 23 of the Regulatory Law of said jurisdiction establishes that: “1. In their actions before single-person bodies, the parties may confer their representation to a Solicitor and will be assisted, in any case, by a Lawyer. When the parties confer their representation to the Lawyer, it will be the Lawyer who will be notified of the proceedings. 2. In their actions before collegiate bodies, the parties must confer their representation to a Solicitor and be assisted by a Lawyer. 3. Public officials may, however, appear by themselves in defense of their statutory rights, when they refer to personnel matters that do not imply separation of irremovable public employees."
Anyone can freely designate to a lawyer to defend their interests in litigation, provided that the chosen professional meets the requirements that the law requires for the development of the legal profession. It is convenient to agree on the conditions of the service, being recommendable the request of a previous budget. And this is without prejudice to the possible sentence for costs to the opposing party, in which case the expense implied by the lawyer's intervention may be recovered within the legal limits (costs appraisal).
However, in the event that the litigant enjoys the benefit of free justice, a lawyer will be appointed by the corresponding Professional Association.
Finally, in the criminal process, the appointment of a lawyer will be made ex officio in cases of detention or when it is not carried out voluntarily by the accused, which will entail the obligation to pay their fees unless the party in question enjoys the benefit of justice. free.
In any case, the appointed lawyer must defend the interests entrusted to it by law, being obliged to keep professional secrecy.
The lawyer can to accept o to refuse freely provide their professional services in certain matters, without being obliged to give any explanation, except in cases in which they are appointed ex officio. In these cases, the refusal must be justified according to current legislation.
The attorney must tell you professional opinion about the case presented to you, its feasibility, that is, the chances of success, the possible consequences and, albeit roughly, the costs. Also if the costs of the legal claim exceed the result that is intended to be obtained from the lawsuit and the possibilities of requesting the benefit of free justice.
The lawyer is entitled to a retribution economic for the services it provides (fee) as well as to reimbursement expenses (supplied) that you have made to defend your interests.
The agreement is authorized litis fee or that agreement between lawyer and his client by which the latter undertakes to pay a percentage of the result of the matter, regardless of whether it consists of a sum of money or the recognition of any other right or benefit.
The lawyer may request, before the beginning of his services or during his provision, deliveries on account in payment of both fees and expenses or supplements. These deliveries or fund provisions they must be adjusted to the circumstances of the case and their lack of payment may cause the lawyer to withdraw from the matter.