Lawyer in Spain

The commercial and civil codes in Spain are complex and require a Spanish lawyer with a deep knowledge of both if you want to achieve your goals in Spain. If Spanish is not your native language, it may be harder to work with a lawyer and understand the content of a contract. At Strong Abogados, we only hire lawyers fluent in English. Our lawyers in Spain are specialists in real estate, immigration, business law, company formation, and intellectual property. We also partner with lawyers throughout Spain to provide you with service in English wherever you need it.

Strong Abogados provides most legal services, such as:

• Property transactions: We perform all the background checks on the property, and manage relations with the notary and broker/seller to ensure the real estate purchase goes smoothly.
• Immigration: Step-by-step assistance to obtain a residence permit for you or your family from our in-house immigration lawyers.
• e-Commerce: We review your websites and contracts to make sure they conform with Spanish regulations.
• Contracts: We cover all your needs, from drafting standard contracts to complex transactions.
• Intellectual property: We register your trademarks, brand names, and patents in Spain.
• Labour lawyer: We highly recommend hiring a labour lawyer for advice as soon as you, as employee or employer, enters into a conflict regarding a firing.
• Inheritance: We register the death, process the will, negotiate the proper division of assets, and register the new ownership of properties in Spain.
• Wills: We draft your Spanish will to ensure your properties in Spain will be transferred according to your wishes.

We do not handle issues of family law, criminal law, or litigation.

FAQs:

Links:

How do I verify that someone is a lawyer in Spain?

In order to offer services as a lawyer, the person must have a law degree, a master's degree in law (escuela práctica jurídica), and be registered in one of the many city-based Bar Associations (Ilustre Colegios de Abogados) throughout Spain. Each member of a Bar Association has a number (número de colegiado). To know if a lawyer is registered in a Bar Association, go to abogacia.es and type in the lawyer's name or number.

You can call up the Bar Association to ask about any complaints that have been lodged against that person. A lawyer is required to keep all information about their clients confidential, and is bound by the Codigo Deontológico.

You can find out more about a lawyer by contacting the Bar Association where they are registered. For example, the Bar Association of Barcelona is ICAB. You can find the contact information for the lawyer, as well as if the lawyer is active, has claims against them, and is in good standing.

What is the role of a notary in Spain?

A notary in Spain has a more elevated role than in the UK or USA. They do much more than just verify signatures. To gain the title of notary requires years of additional studies. At a property closing, the notary takes over, acting on behalf of both parties to make sure that the transaction is proper and agreed to.

See the national notary site.

How does a power of attorney work in Spain?

A power of attorney done in Spain in front of a Spanish notary grants the authorised officer to act as your legal representative with full efficacy within the area of powers granted in any country worldwide. For this reason, it is important to define specifically the powers granted and find out about their respective effects. Strong Abogados can advise you about these points, and let you know the steps to follow to obtain international legitimization if you want the document to be effective outside Spain (The Hague Apostille).

Where do I get a power of attorney that is valid for Spain?

A power of attorney may be validated by a notary in Spain, by a notary at the Spanish Embassy, or by Spanish notaries outside of Spain.

What is The Hague Apostille?

The Hague Apostille allows a public document from one country to be recognized as a valid document in another country, among countries that have signed The Hague Agreement. This is done by having an authority affix a stamp on the document to certify its authenticity. Anybody who has a public document that needs to be recognised in another country can apply to have them affixed with The Hague Apostille. For further information about where to go for your country, see www.hcch.net.

In Spain, there are three authorities that can issue an Apostille, depending on the type of document:

• For documents issued by a judicial authority, the Apostille is issued by the Secretario de la Sala de Gobierno del Tribunal Superior de Justicia.
• For documents authorized by a notary or private documents with signatures legitimized by the notary, the Apostille is issued by the deacon of the Colegio Notarial.
• For documents issued by the national administration, the Apostille is issued by the Jefe de la Sección Central de la Subsecretaría del Ministerio de Justicia.

For further information and contact data, see the Ministerio de Justicia.

USA: To obtain the Apostille for USA documents to be used in Spain, you should send the document to the Secretary of State of the state where the document was issued. For further information, see link.

What is a procurador?

The procurador is a legal representative before the Spanish Courts. Procuradores have a law degree. Their main function is receiving notices and communications from the court and informing the lawyer in charge of the case. Their fees are calculated according to an official rate.

What is a perito?

No, a perito is not a little dog. A perito is an expert with scientific, artistic, technical or practical knowledge that may be necessary to ascertain facts or circumstances relevant to the case. Peritos may be brought to the proceedings by one of the parties or they may be appointed by the court.

In marriage, what is gananciales vs. separación de bienes?

Gananciales and separación de bienes refer to two distinct marital property regimes. Gananciales refers to community property, meaning that property acquired during the marriage is considered jointly owned by both spouses, regardless of whose name the property is in. Separación de bienes refers to separation of property, meaning that each spouse retains ownership of their individual property acquired before and during the marriage.

When buying a property in Spain, it is important that the notary makes note in the deed of which property regime applies to the couple, based on the country and state where the couple got married or whether prenuptial agreements were signed.

Can court judgements be appealed?

The general rule in civil and commercial jurisdiction is that there is a right of appeal for cases over 3000€. There may be a further extraordinary appeal to the Supreme Court on cases over 600,000€.

How long do judicial proceedings take in Spain?

Courts in Spain are overloaded. Normally getting a judgment in the primera instancia may take about a year. If there is an appeal, the matter can be delayed for about two more years.

What is the validity of a private contract in Spain?

Spanish legislation gives full validity to contracts signed between private parties, as the document serves as evidence of the will that both parties had when the contract was signed.