Concerned about Lawyer qualifications

[KSmith]

Hi everyone

I have a question regarding requirements around an area of lawyers practice.

There is a lawyer in Spain (Corporate Law), who has offered to represent me in a family law matter. I do not know if they will represent under the employer organisation, however given family law is not the organisations' area, I assume they will be doing this privately.

Is this legal? I would be surprised if this lawyer has private insurance and if they are acting privately, I do not believe they have a registered organisation that can be operated under.

Thanks in advance.

[Patricia]

Hello KSmith,

If your Lawyer is acting privately, it is not something you must worry about, as that is an issue between the solicitor and the Law firm.

We recommend you that, before requesting any type of service from him, you ask him for his Registration Number at the Colegio de Abogados, that is the equivalent to Bar of Association in Spain, and then check if that information is correct by contacting the corresponding Colegio, also asking if his registration is updated and if he is free of disciplinary sanctions. Most Colegios de Abogados have their own website including a database of registered lawyers, available for anyone to check. You can also make an enquiry over the telephone. I also recommend you to request a copy of his Liability insurance policy, that would cover damages in case professional malpractice. If your lawyer refuses to provide with the requested information and documentation, our advice is that you take precautions or just not hire him.

Regards,

[KSmith]

Hi Patricia,

Thank you very much for your advice.

The lawyer is registered however did not provide any indemnity papers. He has been emailing me from his Corporate Law firm email address which makes me think he is not covered to practice Family Law.

Is there a way I can report this lawyer? I would hate for any other individuals to be caught out by this person.

Regards,
KSmith

[Patricia]

Hello KSmith,

I believe you are concerned that your lawyer, who Works for a firm specialized in Corporate Law, has offered to assist in a Family Law case, as you understand that he cannot or is not qualified to offer his services in another Law area. The truth is that, in Spain, lawyers are allowed to take any case, regardless of the area without the need to have a specific licence or authorization beforehand; he/she can practice simultaneously in different Law areas. Therefore, it is not an ethical fault to offer his services for that case even if he works for a Corporate Law firm, so that fact is not subject to be reported.

If you wish to report him, it could only be based on his lack of Liability insurance ( in case he does not have one; the fact that he has not provided with the copy does not mean he does not have it ), as this is mandatory to be able to practice the Law profession. The report should be filed at the specific Bar of Association where the lawyer is registered.

Regards,