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DEFENCE AGAINST ABUSES BY LAWYERS AND PROCURATORS

We defend victims in the following types of proceedings:

A) COST ASSESSMENT

B) CLAIMS OF DEBTS OF OUR PROCURATORS AND LAWYERS ("JURA DE CUENTAS" - Attorney General's Account and Attorney's Fees)

C) COMPLAINTS, LAWSUITS AND CLAIMS AGAINST PROCURATORS AND LAWYERS

 

A) COST ASSESSMENT

1.- Concept

2.- Applicable legislation

3.- Legal authorities involved and conviction on costs

4.- Requirements and observations

5.- Legal services rates

1.- Concept

The appraisal of costs; it is a civil procedure in which the amounts of the costs are established when there has been a conviction in costs in any jurisdiction (civil, criminal, social, contentious or labor).

The lawsuit for assessment of costs is filed by the procurator and the opposing party's attorney to claim their fees and expenses. Other expenses, including those of experts involved in the proceedings, may also be claimed.

2.- Laws

Regardless of the jurisdiction in which costs have been awarded, the assessment of costs is regulated in "Título VII del Libro I de la Ley de Enjuiciamiento Civil (LEC)", specifically in articles 241 to 246. The laws in Spanish can be found here on our website.

3.- Judicial authorities involved and conviction on costs

The processing of the demand for the assessment of costs is done by the Lawyer of the Administration of Justice (formerly known as the Judicial Secretary), through the Diligencias de Ordenación (DIOR), which can be appealed with a replacement resource within five working days (Saturdays, Sundays, public holidays and August days do not count). There is no award of costs for these appeals.

The resolution of the request for assessment of costs is made by the Lawyer of the Administration of Justice, by Decree that can be appealed with an appeal for review within five working days (do not count Saturdays, Sundays, holidays and August days). This appeal for review is decided by the judge (in the case of the courts) or by the three judges in the case of the hearings and the courts. The loser is ordered to pay the costs.

4.- Requirements and observations

It is obligatory to defend oneself with a lawyer or with a lawyer and procurator, unless in the procedure where there has been a condemnation of costs it was not necessary to have used them.

Cost valuations can only be appealed because they have undue items or excessive amounts. In the case of procurators, they cannot be challenged for excessive amounts, unless they claim amounts that are higher than those established in the Tariff Act.

When lawyers' fees are challenged as excessive, the Lawyer of the Administration of Justice refers the proceedings to the Bar Association so that it can issue an Opinion in which the lawyer's work is economically valued. For bar associations, lawyers must earn more than the majority earns, so they tend to set quite high fees. For assessment, schools use their own guiding criteria, which are usually published on their website.

This opinion of the bar association is paid between the two lawyers. As a reference, the Madrid Bar Association, in its Opinion of 10 May 2019, charged 210 euros plus VAT (105 euros each lawyer) for an appeal arising from a lawsuit with an amount of 70,392.24 euros.

The bar associations only value the work of the lawyer, but the jurisprudence establishes that the economic damage caused to the other party must be valued, for which reason the law establishes that the request for the appraisal of costs must include the proofs of payment to the attorney and the lawyer. It is usual that they do not present these documents to overcharge and that the Court admits it illegally.

The costs of lawyers must be assessed according to three parameters:

  1. Damage caused to the counterpart.

  2. Assessment of the effort made by the lawyer.

  3. Guiding criteria of the Bar Association.

The judicial authorities usually reduce the amounts set out in the opinion of the bar associations.

In these proceedings, no claim can be made for damages caused to us by procurators and lawyers.

5.- TARIFFS OF LEGAL SERVICES

ANVIPED is a not-for-profit, non-subsidized, not-for-profit association that pays its expenses from the income it receives from providing services to its clients.

The added values of ANVIPED are as follows:

  1. Most attorneys do not provide these services against other procurators and lawyers

  2. High knowledge of the laws and jurisprudence on these matters.

  3. Transparency in tariffs.

  4. The client receives all judicial documentation directly from the procurator.

  5. We challenge all resolutions that do not comply with the law, while most lawyers allow judicial abuses.

  6. We're incorruptible.

TARIFFS

  • Preliminary feasibility study: 80 euros (*1).

  • Translators and court interpreters: at your expense
    List of all accredited translators on the Ministry's website.

  • Impugnation for undue of the fees of the procurator or of the honoraria of the lawyer (*1):

    • 200 euros basic

    • 100 euros for each item claimed, whether or not contested

  • Challenge for excessive attorney fees or attorney fees (*1):

    • 300 euros basic

    • For each principal item claimed, whether or not contested: 200 euros.

    • For each appeal in the same instance, whether or not it is contested: 100 euros.

  • Instead of the amounts on the contested items, when they are higher according to the scale of the FEES CRITERIA of the Barcelona Bar Association of 2004, these will be applied which are the following:

Amount up to € 3,000:              10.00% Maximum: 300

From 3,001 to € 20,000:             8.00% Maximum: 1,660

From 20,001 to 50,000 €:           7.00% Maximum: 3,760

From 50.001 to 100,000 €:         4.00% Maximum: 5.760

From 100,001 to 300,000 €:        2.00% Maximum: 9.760

From 300,001 to 600,000 €:        1.00% Maximum: 12.760

From 600,001 to 1,500,000 €:     0.50% Maximum: 17,260

Excess                                    0.25%

All items on this scale, except the first one, shall be decreased by 25%. These percentages will only be charged in the case of an award of costs to the lawyer and the assessment of costs will be made to be paid by the convicted lawyer, with no additional costs, unless the lawyer challenges the fees, in which case nothing will be charged, unless there is an appeal for review and the opposing lawyer is awarded costs. The value of the replacement or revision resources is 300 euros each, in accordance with the Madrid Bar Association's FEE CRITERIA 2013 or the referred scale if this were a higher value.

* 1 These amounts may be increased if ANVIPED considers the matter complex.

The referred amounts will be increased with 21% VAT.

 

B) CLAIMS OF DEBTS OF OUR PROCURATORS AND LAWYERS ("JURA DE CUENTAS" - Attorney General's Account and Attorney's Fees)

1.- Concept

2.- Applicable legislation

3.- Legal authorities involved and conviction on costs

4.- Requirements and observations

5.- Legal services rates

1.- Concept

When we do not pay our procurator and lawyer, they can claim their services through a special and privileged procedure that is usually called the "Jura de Cuentas".

The "Jura de Cuentas" is a civil procedure by which procurator and lawyer claim from their principals/defendants what they are owed for their actions in a judicial procedure of any jurisdiction (civil, criminal, social, contentious or labor).

The "Jura de Cuentas" is presented by the procurator, the lawyer or both.

2.- Laws

The laws in Spanish can be found here on our website.

3.- Judicial authorities involved and conviction on costs

The processing of the "Jura de Cuentas" is carried out by the Lawyer of the Administration of Justice (formerly known as the Judicial Secretary), through the Diligencias de Ordenación (DIOR), which may be appealed with a replacement appeal within five working days (Saturdays, Sundays, public holidays and August days do not count). There is no award of costs for these appeals.

The resolution of the "Jura de Cuentas" is made by the Lawyer of the Administration of Justice, by means of a Decree that can be appealed with an appeal for revision within five working days (Saturdays, Sundays, public holidays and August days do not count). This appeal for review is decided by the judge (in the case of the courts) or by the three judges in the case of hearings and courts. The loser is ordered to pay the costs.

4.- Requirements and observations

It is not mandatory to defend yourself with a lawyer or with a lawyer and a procurator, but the courts usually require this.

The "Jura de Cuentas" can only be appealed because they contain undue items or excessive amounts. In the case of procurators, they cannot be challenged for excessive amounts, unless they claim amounts that are higher than those established in the Tariff Act.

When lawyers' fees are challenged as excessive, the Lawyer of the Administration of Justice refers the proceedings to the Bar Association so that it can issue an Opinion in which the lawyer's work is economically valued. For bar associations, lawyers must earn more than the majority earns, so they tend to set quite high fees. For assessment, schools use their own guiding criteria, which are usually published on their website.

This opinion of the bar association is paid between the two lawyers. As a reference, the Madrid Bar Association, in its Opinion of 10 May 2019, charged 210 euros plus VAT (105 euros each lawyer) for the appeal derived from a lawsuit with an amount of 70,392.24 euros.

The bar associations only value the work of the lawyer, but the jurisprudence establishes that the economic damage caused to the other party must be valued, for which reason the law establishes that the request for the appraisal of costs must include the proofs of payment to the attorney and the lawyer. It is usual that they do not present these documents to overcharge and that the Court admits it illegally.

The costs of lawyers must be assessed according to three parameters:

  1. Damage caused to the counterpart.

  2. Assessment of the effort made by the lawyer.

  3. Guiding criteria of the Bar Association.

The judicial authorities usually reduce the amounts set out in the opinion of the bar associations.

In these proceedings, no claim can be made for damages caused to us by procurators and lawyers.

5.- TARIFFS OF LEGAL SERVICES

ANVIPED is a not-for-profit, non-subsidized, not-for-profit association that pays its expenses from the income it receives from providing services to its clients.

The added values of ANVIPED are as follows:

  1. Most attorneys do not provide these services against other attorneys and prosecutors

  2. High knowledge of the laws and jurisprudence on these matters.

  3. Transparency in tariffs.

  4. The client receives all judicial documentation directly from the prosecutor.

  5. We challenge all resolutions that do not comply with the law, while most lawyers allow judicial abuses.

  6. We're incorruptible.

TARIFFS (*1)

  • Preliminary feasibility study: 80 euros (*1).

  • Translators and court interpreters: at your expense
    List of all accredited translators on the Ministry's website.

  • Impugnation for undue of the fees of the prosecutor or of the honoraria of the lawyer (*1):

    • 200 euros basic

    • 100 euros for each item claimed, whether or not contested

  • Challenge for excessive attorney fees or attorney fees (*1):

    • 300 euros basic

    • For each principal item claimed, whether or not contested: 200 euros.

    • For each appeal in the same instance, whether or not it is contested: 100 euros.

  • Instead of the amounts on the contested items, when they are higher according to the scale of the FEES CRITERIA of the Barcelona Bar Association of 2004, these will be applied which are the following:

Amount up to € 3,000:              10.00% Maximum: 300

From 3,001 to € 20,000:             8.00% Maximum: 1,660

From 20,001 to 50,000 €:           7.00% Maximum: 3,760

From 50.001 to 100,000 €:         4.00% Maximum: 5.760

From 100,001 to 300,000 €:        2.00% Maximum: 9.760

From 300,001 to 600,000 €:        1.00% Maximum: 12.760

From 600,001 to 1,500,000 €:     0.50% Maximum: 17,260

Excess                                    0.25%

All items on this scale, except the first one, shall be decreased by 25%. These percentages will only be charged in the case of an award of costs to the lawyer and the assessment of costs will be made to be paid by the convicted lawyer, with no additional costs, unless the lawyer challenges the fees, in which case nothing will be charged, unless there is an appeal for review and the opposing lawyer is awarded costs. The value of the replacement or revision resources is 300 euros each, in accordance with the Madrid Bar Association's FEE CRITERIA 2013 or the referred scale if this were a higher value.

* 1 These amounts may be increased if ANVIPED considers the matter complex.

The referred amounts will be increased with 21% VAT.

 

C) COMPLAINTS, LAWSUITS AND CLAIMS AGAINST PROCURATORS AND LAWYERS

In the event that the actions of the procurators and lawyers have harmed us or have not complied with the law, we may claim disciplinary, civil and criminal liability arising from their actions or their failure to act in defence of our interests.

Likewise, we can claim for the actions of the procurators and lawyers of the opposing party.

DISCIPLINARY RESPONSIBILITIES

The disciplinary responsibilities of procurators and lawyers can only be claimed in their professional associations. In the case of procurators we must file a complaint with the college of procurators where he is collegiate. In the case of lawyers, we must file a complaint with the bar association where you are registered.

In the event that the College finds that its member has not acted in accordance with its code of ethics, it will impose a sanction.

Three things we need to know about these procedures:

1.- The injured party obtains no benefit whatsoever.

2.- Colleges almost always cover up the crimes of their members.

3.- Resources never prosper, because it is alleged that the claimant has no legitimacy to act.

CIVIL LIABILITIES

Damages caused by the actions of procurators and lawyers can be claimed by means of a lawsuit in civil jurisdiction.

It should also be claimed from the insurance company where the professional is insured.

If the amount claimed does not exceed 2,000 euros, we can claim it without the need for a lawyer or procurator, otherwise it is an indispensable requirement that we are represented by a procurator and defended by a lawyer. It is difficult to find lawyers and procurators who provide this service.

n these proceedings, procurators and lawyers often lie and the courts often agree with them.

Only that which can be proven in a clear way counts.

CRIMINAL LIABILITIES

Criminal and civil liabilities arising from the actions of procurators and lawyers can be claimed through a complaint or a cuarrels in the criminal jurisdiction.

The complaint does not require an attorney or procurator, while to file a complaint is a prerequisite that we represent a procurator and we defend an attorney. It is difficult to find lawyers and procurator who provide this service.

In these proceedings, procurators and lawyers often lie and the courts often agree with them.

The usual crimes of procurators and lawyers are:

  • Scam (aggravated)

  • Professional disloyalty

  • Misappropriation of payments of court costs

Only that which can be proven in a clear way counts.

TARIFFS OF LEGAL SERVICES

ANVIPED is a not-for-profit, non-subsidized, not-for-profit association that pays its expenses from the income it receives from providing services to its clients.

The added values of ANVIPED are as follows:

  1. Most attorneys do not provide these services against other attorneys and prosecutors

  2. High knowledge of the laws and jurisprudence on these matters.

  3. Transparency in tariffs.

  4. The client receives all judicial documentation directly from the prosecutor.

  5. We challenge all resolutions that do not comply with the law, while most lawyers allow judicial abuses.

  6. We're incorruptible.

 TARIFFS (*1)

  • Preliminary feasibility study: 300 €. (This amount will be deducted if a claim, complaint or lawsuit is made)

  • Translators and court interpreters: at your expense
    List of all accredited translators on the Ministry's website.

  • Civil lawsuit or criminal complaint: 500 €.

  • Criminal complaints: 400 €.

  • Writing for criminal accusation: 300 €.

  • Trial attendance (per session): 300 € plus expenses.

  • Incidents and appeals in the first civil instance: 200 €.

  • Incidents and appeals in criminal proceedings: 300 €.

  • Appeals: 400 €.

  • Other resources: consult

  • In the case of civil liability, the scale of the Madrid Bar Association's FEE CRITERIA for 2013 will be added, which are as follows:

Amount over the first 4,000 euros: 25.00%

From 4,001 to 18,000 euros: 18,00%

From 18,001 to 30,000 euros: 16,00%

From 30,001 to 45,000 euros: 14,00%

From 45,001 to 600,000 euros: 12,00%

From 600,001 to 750,000 euros: 0.50%

From 750,001 to 900,000 euros: 0.50%

For larger quantities: consult

All items on this scale will be reduced by 25%. These percentages will only be charged if the lawyer is convicted of costs and the costs will be assessed for payment by the convicted lawyer, without additional costs, unless the lawyer contests the fees, in which case nothing will be charged, unless there is an appeal for review and the opposing lawyer is convicted of costs. The value of the appeals for reversal or revision is 300 euros each, in accordance with the Madrid Bar Association's CRITERIA FOR FEES of 2013 or the scale referred to if this is a higher value.

  • In the case of civil liability within criminal proceedings, the scale of the Madrid Bar Association's FEE CRITERIA will be reduced by 60% from 2013. These percentages will only be charged in the case of the lawyer being sentenced to costs and the assessment of costs will be carried out so that they are paid by the sentenced lawyer, without additional costs, unless the lawyer contests the fees, in which case nothing will be charged, unless there is an appeal for review and the opposing lawyer is sentenced to costs. The value of the appeals for reversal or revision is 300 euros each, in accordance with the Madrid Bar Association's CRITERIA FOR FEES of 2013 or the scale referred to if this is a higher value.

* 1 These amounts may be increased if ANVIPED considers the matter complex.

The referred amounts will be increased with 21% VAT.

 

 

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