El blog de Maria

When is a lawyer liable for a “bad result”?

The professional obligation of the lawyer is not determined specifically by the result but by using all the right means, using his knowledge and professionalism solely in the interest of the client and aiming to achieve the best result.

Lawyers work under the General Standards of liability and responsibility of the Civil Code and of the regulatory standards of his profession. (You can read about the Regulatory standards for Spanish Lawyers by clicking here)

Spain’s Supreme Court has stated:

Professional negligence of lawyers requires the following requisites:

(i) Breach of his professional duties.
(ii) Proof of breach
(iii) Existence of effective damage
(iv) Cause-effect relationship between breach and damage

All appraisals for professional negligence require an expert analysis as not all “bad or unexpected results” determine grounds for a successful action against the lawyer for negligence. However, THERE ARE acts and omissions by lawyers that can be clearly classified as negligence and be linked to real and quantifiable damage.

Compensation amounts will be calculated using the principle of proportionality between the damage caused and amount claimed.

All lawyers in Spain, as members of Bar Associations, have obligatory civil indemnity insurance.

Deadline for this type of action is 15 years.

Contact us now if you believe your Lawyer is guilty of professional negligence and we will provide you with a free appraisal of your case.