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Antonio Flores’ Blog

Thoughts about laws and regulations which affect foreigners in Spain
Home > Litigation, Property > You Have a Strong Case… NOT!

You Have a Strong Case… NOT!

October 1st, 2008

More often than is desirable some of my colleagues tend to overindulge in optimism when providing a legal opinion on a soon-to-be litigation matter. You can often hear and read on online forums the words “You have a strong case!“. This sort of a ‘closer’ phrase when selling services can bring about nasty surprises, especially if the judge thinks otherwise.

So I tend not to use this language when dealing with my clients, and will, on the contrary, give them a more elaborate opinion which will invariably include playing the devil’s advocate and exclude encouraging clients to file a case. Let’s not forget that the opposing party will also be assisted by expert legal advice who knows the law, case law and how certain judges perceive different types of disputes.

In my opinion any lawyer needs to be very frank and open about the possibilities of obtaining a favourable ruling and should provide a per cent ratio of success, which even in the most blatantly clear case should not exceed 75% (so run away from the 95% success rate claims, and do it quickly!).

Litigation is a double-edged sword that can turn out to be very expensive for our clients, especially if a case is lost and therefore we (lawyers) should contemplate all -legally- available options prior to dragging our clients into courtroom, with their best interests as the main motivation and the legal fee bill as the last!

About Antonio Flores

Antonio Flores is the head lawyer at Lawbird, a Spanish law firm specialised in property and litigation. More on .

Litigation, Property , , , , , ,

  1. Alex
    October 15th, 2008 at 12:11 | #1

    Hi Antonio,

    I just received your newsletter. Interesting stuff!

    Re your post, it looks as if some of your colleagues are now desperate looking for business. heh!

    Keep well

  2. October 15th, 2008 at 16:06 | #2

    In relation to Santa Ana and your blog-do I have to take any further action at this time?

  3. Dr William Akotia
    October 15th, 2008 at 16:17 | #3

    I went to Spain to look for a property to purchase to use as a holiday home and also to rent.I paid a deposit of 6000 Euros for a Reservation Fee. I had a message that the developers’ account was closed. Therefore the fee has been returned to my Bank account I have still not received the amount into my Bank account since last year. The company involved is called Andalucian Home Dreames.

  4. Christine Varma
    October 15th, 2008 at 17:28 | #4

    Hi, Thank you for your news letter. I actually do need some legal help in recovering a debt. The individual has moved to Marbella and I believe owns property there. The debt is for $400.000. I need a really hot shot law yer to assist. can you help.?

  5. aflores
    October 18th, 2008 at 17:13 | #5

    georgegray, we are preparing a letter in respect of Villa Toboso which will give an oirentation on available legal options

  6. aflores
    October 18th, 2008 at 17:14 | #6

    Cristine, I am reviewing the information you have sent me and will respond to it

  7. aflores
    October 18th, 2008 at 17:21 | #7

    Dr. Akotia, I am aware that Andalusian Dream Homes is still operating. According to their policies and contractual documents if you pull out without a just reason they are entitled to keep your funds but if you have a) not signed anything with them or b) signed their standard offer and reservation receipt but the seller has not complied to his/her obligations, you are entitled to your reservation deposit back.

  8. Encarna
    October 18th, 2008 at 20:43 | #8

    The article about reasons for not going into litigation is very interesting from the point of view of a developper’s solicitor. ?what are the rights of the consumer then? Or ?only developpers and banks have rights? or ?where are the solicitors “teeth” to defend a consumer?

  9. aflores
    October 19th, 2008 at 19:37 | #9

    Consumers have plenty of rights, more than developers, but by knowing the developer´s rights one can more efficiently defend a consumer. Bear in mind that judges dont always view purchasers as the weak link of the chain and as we are seeing they have ruled against them in many ocassions so it is important to know what may go wrong, as after all it is the consumers´money what is at stake, not the lawyers!