Take your Solicitor (Abogado) to court.

So after all the pontificating by various people about getting ' a good lawyer' it seems anyone seeking ' a good lawyer' will just have to go a googling, stick a pin in the list and hold their breath.

I find it very interesting that in a blog I was just reading (post was http://www.eyeonspain.com/blogs/interestinginfo/5942/jeeeeez-theres-some-very-irritating-members-on-eos-these-days.aspx )  just now Campana wrote "Forums are for sharing opinion and helping others" and "there are those who think the forum is a closed shop, a sort of exclusive place for them only".

If you CAN help, help or is that TOO MUCH to ask, Patricia?  

Yes, forums are for helping others (if one can), Flybynight. It is also there for exchanging views on all manner of topics pertaining to Spain (Eye on Spain).   It is not the campaign headquarters for the "bash Spain" brigade.

Nor is it a place on which to give inaccurate information.

 I don't think you have read what I posted.  When I first came on here, only a couple of months back, and after reading a number of threads to get an idea of the general run of the forum.  I quickly realised that there was a small core group whose agenda seemed to be to shoot down any helpful opinions or suggestions. (that's what I meant by the "closed shop").  And to do so in the most unpleasant manner possible.  I distinctly - just after joining -  remember one ill-mannered poster who said I would be doing the forum a favour by leaving.  How nice!

And then you ask if I can help!  In real life I help a lot of people, I like helping where I can, and I don't expect thanks either, but yes, a modicum of plain good manners.

So, yes, I will help, and if anyone wants to PM me they are more than welcome.  But I will not post up here any names, addresses or other information of that kind.

Patricia

PM is a relevant/effective function for exchanging discreet data.

Hope I am wrong, but I sense some individuals will be reluctant to PM since that approach avoids crude polemics !!!!

Cheers,

Jon

I fully agree Jon07.  You have put exactly what I think into a few words.  "Crude polemics"  Yes, that's it.

It is very unfortunate, but for some obscure psychological reason, there are people who aren't happy if they can't turn a forum into a battle ground.  There is no reason not to air a grievance, or to give good news, or to talk about a hundred topics. 

Patricia

LOL Jon07.

Gosh, how depressing, there is no spate of PMs in my inbox.    ROFL.

However, the attempts to ratchet up the "crude polemics" have started again I see on another thread.  Pathetic.

Patricia

Back to the topic, I think Faro makes some very valid points about transparency and a practical way forward.

• The code of professional conduct of solicitors has absolutely no meaning if it is not enforced
• The starting point of any complaint against a solicitor should be the colegio and all complaints should be investigated fully by a disciplinary committee, the outcome/decision where the complaint was valid should be published.
• Member would be named, shamed, fine, practising certificates suspended or revoked etc
• Developing a kitemark.-  " Conveyancing quality scheme" and members entitled to use this kitemark will have been audited by the law society. This is an example of excellence being driven by the law society and members of the public knowing that if they select a firm having earned this kitemark, then they can expect a certain standard or level of service. By way of comparison a Spanish colegio does not say how a conveyancing matter should be handled or what that level of care should be.
• the colegios have failed in self regulation

Sadly his conclusion was

But I know this type of change will never take place and I do not believe in my professional lifetime we will see reform in Spain. People like me calling for reform will be told to pack up and go home and to stop telling the Spanish how they should run their business or law societies. Spanish lawyers must make that call to their colegios and call for change but will they?

So my questions are this.

• Why shoud it be so difficult in Spain for a good practical solution to be found?
• Why do the collegios not look to existing good practice and use that as a stepping stone to effect their own reform?
• What are the reasons why good lawyers are resistent to effect change from within? Do they feel unsupported by their collegios and CEPJ and consider it a pointless execrcise to try and push for reform and let their views be known?
• Might it be because the powers that be are not listening to their members? Or is it that existing collegios consider their role as a protectiary role and are unwilling to recognise that there are professional members sadly lacking in their knowldge base and bringing disrepute to their profession?
• For that matter what ongoing training is provided within the legal profession? Is it adequate?
• Are there still corrupt elements within the profession?

There are no doubt all manner of reasons why this is not being addressed, but it will do the Spanish legal profession no favours  if this is not resolved in the near future.

So long as the status quo remains it is inevitable that the criticism will grow, and rightfully so. And what is just as important is that forewarning is given via the media and forums such as this,  to prevent others from falling victim in the interim.

It's ironic that those who resist reform such as this are sadly prolonging the pain for Spain. But that's another topic entirely.

Hello Ads:

I think Maria made some comments on this topic on a number of occasions.  No doubt she would be aware of the inner workings of the law societies and their members.  I am sure that, as always, she would have something constructive to say.

Patricia

This is not just about taking a solicitor to court, this is also about putting in place a system that acts as an effective disincentive to prevent malpractice in the future.

No-one seems to be willing to establish a means by which this can be achieved in Spain and it is incredibly frustrating to keep identifying the same message.

Word of mouth is insufficient and risky for those newcomers to Spain. They need the reassurance that an accredited and respected body such as a collegio / bar association will discipline and strike off from their register those who are found to be bringing their profession into disrepute. They need, as Faro has suggested, some form of kitemark that is audited by the law society and provides reassurance that they can expect a certain level of standard and quality.

I fail to see why this opportunity is not being grasped by those law firms who have good ethical standards and have already achieved this respect from clients. This form of system would certainly raise standards across the board and would be of benefit not only to prospective clients but also the legal professionals themselves.

Hi Patricia/Campana.... Have just tried to PM you... but it keeps coming up with 'Invalid Email Address'

I hope you can get this sorted and we can have a chat ;)

(I have no hang ups about PM'ing and whatever the other 'P' word was. I am not a warlike person ;)