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Handle Legal Concerns


Whether you are planning the creation of a new entity or negotiating an agreement with a Spanish counterpart, Spainlaw.net strongly recommends that an experienced lawyer versed with the laws applicable to your particular situation, be employed to assure satisfaction and legal compliance. Sometimes retaining a tax advisor and an accountant it is advisable. accountant. Working with them, they will make sure you structure your business in a way that is most-tax efficient and fully complies with the law.

The practice of any legal profession in Spain requires a law degree at a Law School (Facultad de Derecho).A law degree is an undergraduate degree in Spain of 4 to 5 years of great difficulty.  After the harmonization of the legal education in Europe known as the Bologna Plan, the degree that allows for the practice of the law in Spain will be a graduate degree. 

After obtaining a law degree a Doctorate in Law provides specialization of knowledge in a certain area through lectures and seminars and the presentation of a thesis on a legal topic.There are also a myriad of Masters Degrees for lawyers in Spain. Be aware that they may range from continous education courses to studies that require full time dedication comparable to an LL.M.

The main legal professions in Spain are:

  • Lawyer (Abogado). Lawyers  advice and defense public and private interests through the application of legal science and legal techniques. The rules and organization of the profession of lawyers are stated at the “Estatuto General de la abogacía española". For the legal practice it’s necessary to be a member of the local mandatory Bar Association (Colegio de Abogados). Bar Associations are organized in the nationwide “Consejo General de la Abogacia Española”. Lawyers can settle their retributions but contingent fees (cuota litis) were expressly prohibited. Recently developments made them subject to a strict scrutiny by the authorities.

  • Procurador. Procuradores represent the parties in court through a power of attorney and their services are mandatory in certain court procedures. They  receive and deliver documents from and to court. Procuradores have to be members of their local “Colegio de Procuradores”. The Colegios are organized by the “Consejo General de Ilustres Colegios de Procuradores de los Tribunales de España”. The profession is regulated by RD 2046/1982, June 30 complemented by RD 1417/1983, May 25th and RD 1030/1985.

  • Notary. Notaries are a mix of high public servants and liberal professionals. They perform a public service conferring authenticity to documents and charge hefty fees as compared to Notary Publics in the United States but their attributions are wider. To develop their function they have a delegated power from the State. In this sense, they depend from the Ministry of Justice and they join the profession after passing an official examination. They are membersto the “Colegio de Notarios” presided by “Consejo Superior del Notariado”. The profession is regulated by Law May 28, 1862 and by Decree June 2, 1994.

  • Judges and Magistrates

  • Public prosecutor/District Attorney ("Fiscal")

  • Law Professors and Tenured Law Professors ("Catedraticos") at University. A Doctorate in Law is required after obtaining the Law degree.

 

 

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