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A good lawyer will save you time and money.
Law Books | Law Firms
Abogados - Lawyers and Legal Advisors
If
you are buying property in Spain, investing or starting a business,
or making a will (among other reasons), you should definitely employ
the services of an experienced lawyer. You will find that fees are
generally lower than those charged by lawyers in northern European
countries and when preparing contracts involving a sum of money,
(ie property purchase), fees are calculated as a percentage of the
sum involved. In cases where a lawyer is obligatory and your income
is below double the Spanish minimum wage, you can apply for free
legal assistance although unfortunately, he may not take as much
interest in your case as a private lawyer would!
The
Spanish for a Lawyer is an "Abogado" this is equivalent
to a Solicitor or a Barrister in England or an Attorney in the United
States.
There
are many trained Lawyers in Spain and many of them speak very good
English.
The
areas where is it highly recommendable to engage the services of
an Abogado are the purchase of a house or land, the making of a
will, or helping you defend or raising a law suit. A family lawyer
will help in the cases of divorce or disputes over custody of children.
Some
Lawyers specialize in different areas of the law so it is wise to
check that a Lawyer is familiar with your requirements.
There
is a Law society in Spain called the Ilustre Colegio de Abogados.
It operates at provincial level and sets minimum levels of charges.
Do not hesitate to ask your lawyer for an estimate of his charges,
better in writing. If you have a problem you can always take it
up with the provincial "colegio" to which he is a member.
A
lawyer often pays taxes and fees on your behalf. It is common practice
for a Lawyer to ask you for a sum of money to put into his "client
account" for which you will only receive a little receipt.
When all the transactions are complete you should receive original
receipt documents for the taxes paid, a statement of the Lawyer's
own fees and the balance of your funds (if any). Always obtain
an estimate of costs in advance, if possible in writing.
If
you are a resident of modest means you may be entitled to free legal
aid. Anybody with an income less than 2.5 times the legal minimum
wage are entitled. The legal minimum in 2003 was 6.000 Euro a year.
The Cologio de Abogados who administer the scheme have a legal aid
office in each Law court building or "Palacio de Justicia".
The procedure is complicated and will involve much paperwork to
prove your wage and assets.
 In
David Searls excellent book "You and the law in Spain" there are chapters on all aspects of the laws that particularly
interest the foreign resident. Although the book is no substitute
for professional advise it will certainly help your understanding.
His book can be purchased from many bookshops and newsagents on
the coast or online from the publishers at Santana Books
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M&D Procurators
Procedural legal representation and other services in the judicial districts of Estepona and Marbella |
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