Legal profession
The legal profession as a free and independent profession serving society, defence and the technical application of law.
Practice of law
The legal profession is a free and independent profession that serves society and is incompatible with any activity that may diminish the freedom, independence or dignity inherent to it.
Its practice involves the development, interpretation and application of legal rules. It is exercised under free and fair competition, through advice and the defence of public or private rights and interests, applying legal science and technique in pursuit of concord, the effectiveness of fundamental rights and freedoms, and Justice.
The principles of freedom and independence of lawyers, together with the principle of good faith governing the relationship between client and lawyer, support the rigorous defence of citizens' interests.
Bar membership and practice
Any lawyer admitted to a Spanish Bar Association may provide professional services freely throughout Spain, in other Member States of the European Union and in other countries, in accordance with the applicable rules.
Legal practice may be carried out individually as a self-employed lawyer and office holder, or as a collaborator in an individual or collective firm. Lawyers may also practise collectively under any lawful form, including commercial companies, and may associate in multidisciplinary collaboration with other compatible liberal professionals.
Lawyer and procurador in Spain
A frequent question, especially for foreign clients, is the role of the procurador. Lawyer and procurador perform different functions: the procurador provides formal procedural representation before Spanish courts where the law requires or makes that intervention appropriate, while the technical legal defence is handled by the lawyer.
The lawyer handles the legal direction, legal analysis, preparation of the defence, negotiation and legal argument. The procurador acts as procedural representative, receives official notifications, files documents through court systems and maintains formal communication with the court office.
For this reason, certain proceedings may involve both professionals: lawyer and procurador. This should be explained from the outset so the client understands who acts, what each professional does and what costs or retainers may arise from that intervention.