How are lawyers fees calculated in Spain?
Lawyers fees depends on the rules adopted by the Bar Association, which establishes minimums, and the circumstances of difficulty, time and effort to raise each case, together with the economic interest of it.
Is it possible to have a "no win-no fee" agreement with your lawyer in Spain?
The " quota litis or no win no fee" agreement is one agreement between the attorney and his client by which the latter undertakes to pay a percentage on the outcome of the case.
This is a fee agreement concluded before the end of the case on a percentage of the profit realized by the end of the process. This agreement of "case quota" between lawyer and client was prohibited until last 4th of November 2008, when the entire Court of Administrative Law of the Supreme Court agreed to cancel the ban agreeing with the consideration of the claimer lawyer who defended that the prohibition undermined free competition.
The General Council of Spanish Lawyers (CGAE) brought an appeal for annulment against the Supreme Court ruling that allows the payment of “ case quota” CGAE believes that the vast majority of Member States of the European Union do not regulate the pact " case quota” because "it is contrary to good administration of justice in so far as it encourages speculative litigation and promotes the lawyer becoming a partner of the customer, at which point it loses its independence. "
I am with the CGAE at this. When a good lawyer decides to undertake a case is because he/she believes is worth pursuing and his whole work needs to be paid, we lawyers committ to good study and defence of cases but cannot committ to results as it certainly finally depends on the Judge, obviously.
To act under the no win-no fee scheme seems to me like turning into a merchant of the legal defense and a lawyer is not an agent but a honorable seeker of justice ( regardless the Judge finally agrees with him/her or not). Actually, his fees are called " honorarios" ( refering to honour) in the Spanish language.
It does not mean that there are cases that can be taken and conducted ( for different reasons) with a minimum provision of funds and with the agreement for the rest of the fee to be paid at the end. Or that a lawyer can do a good discount on fees, considering specific circumsntances, or that the payment can be done in several instalments... or any other possibility than imagination and good will can offer but.....
please... let´s not lose our values and our identity!
Cazorla (Jaen) autumn by Maximo Lopez at Flickr.com