In this post we are going to try to answer the question: When do you need a lawyer?, in terms of civil procedure.
It is possible that on many occasions you have thought about not letting a matter stay like this if you do not go to trial. In order to file a civil lawsuit in a trial, it is mandatory to have a lawyer and attorney for proceedings as long as the amount is greater than 2,000 euros. On the other hand, if we are facing a case that requires an ordinary trial for the matter of article 399 of the Law of Civil Procedure, a lawyer and solicitor will be needed, this information is consigned in articles 23 and 31 of the Law of Procedure Civil.
Article 23. Intervention of attorney.
1. The appearance in court will be by means of a solicitor, who must have a Law Degree, a Law Degree or another university degree with an equivalent degree, authorized to practice his profession in the court hearing the trial.
2. Notwithstanding the provisions of the preceding section, the litigants may appear by themselves: 1. In verbal trials whose determination has been made by reason of the amount and this does not exceed 2,000 euros, and for the initial request for payment procedures, in accordance with the provisions of this Law. OFFICIAL STATE GAZETTE CONSOLIDATED LEGISLATION Page 46 2. In universal trials, when the appearance is limited to the presentation of titles of credit or rights, or to attend Meetings.
3.º In incidents related to contesting resolutions regarding free legal assistance and when urgent measures are requested prior to trial. 3. The legally empowered solicitor may appear in any type of process without the need for a lawyer, when he does so for the sole purpose of hearing and receiving acts of communication and making non-personal appearances of the represented parties that have been requested by the Judge, Court or Lawyer of the Administration of Justice. When performing such acts, he may not make any request. The simultaneous exercise of the professions of lawyer and solicitor of the Courts is incompatible.
4. In the terms established in this Law, the attorneys are responsible for the practice of procedural acts of communication and the performance of tasks of assistance and cooperation with the courts.
5. To carry out the acts of communication, they will have certification capacity and will have the necessary credentials. In the exercise of the functions contemplated in this section, and without prejudice to the possibility of substitution by another prosecutor in accordance with the provisions of the Organic Law of the Judiciary, they will act in a personal and non-delegable manner and their action will be challenged before the lawyer of the Administration of Justice in accordance with the procedure provided for in articles 452 and 453. An appeal for review may be lodged against the resolution decree of this challenge. 6. For the practice of procedural acts and other functions attributed to attorneys, the Associations of Attorneys will organize the necessary services.
Article 31. Lawyer intervention.
1. The litigants will be directed by lawyers authorized to practice their profession in the court that hears the matter. It cannot be provided to any request that does not have the signature of a lawyer.
2. Excepting only:
1st Verbal judgments whose determination has been made by reason of the amount and this does not exceed 2,000 euros, and the initial request for payment procedures in accordance with the provisions of this Law.
2.º The writings whose purpose is to appear in court, request urgent measures prior to trial or request the urgent suspension of hearings or proceedings. When the suspension of hearings or actions that is intended is based on causes that are
But how do we find a lawyer?
The lawyer who represents us must be a registered and practicing lawyer.
Bar Association means that he is registered with a professional bar association and that he has an assigned number. If you have doubts about whether or not your lawyer is registered, ask him for his number and verify it with the bar association.
But what does practicing lawyer mean?
It means that in addition to being registered in the bar association and on the Spanish Advocacy page (You can check it in this link of the lawyer census) he must be "Registered" as a practitioner. That means he can go to court and represent people. To achieve all this, a lawyer in Spain must have studied the four years of his degree (University Degree); the master's degree in law (post-university degree lasting 2 years); and the state examination organized by the Ministry of Justice each year. If your lawyer has fulfilled all these characteristics, you have a real lawyer, not a "Legal Adviser", "Legal Assistant", "Jurist", "savvy translator".
But why is it important to have a lawyer?
Not only in cases where the law requires it, but also in others, it is important to have the advice of a legal professional since it can save you a lot of money in paperwork and taxes.
And what if a "non-lawyer" advises me?
You run the risk of having to face legal responsibilities with the Treasury, Social Security or even legal responsibilities if your "advisor" does not know the law and you get into trouble for paying on time or not responding to a lawsuit when you should. Sometimes you will find out when it is too late and the court has seized your payroll in the bank, but you will not be able to do anything because the legal term to defend yourself has ended.
When else is it useful to have a lawyer?
If you are going to take out insurance, a mortgage or make a sale, it is crucial that an expert lawyer review your documentation. Otherwise, you may find yourself with an insurance policy that does not cover your breakdown, a mortgage with abusive clauses (which now you will have to take to court if you want to avoid being charged for abusive clauses) or finally if you want to avoid buying a house with debts with the Treasury, with electricity or even an embargo that you did not know.
How to get a lawyer?
On the one hand, as we have explained in our article on the free lawyer, you can have a public defender if your economic conditions fit with those required by law.
But, on the other hand, if you do not have the right to free legal assistance, you can count on us. At Audacia Abogados we are up to date with new technologies, which is why we offer legal consultations online throughout the national territory. We also offer legal consultations in our offices in Torrevieja, Alicante. If you want to start solving your legal problem now, call us and let us solve it for you.