What is a barrister vs solicitor?

To be a solicitor you must be a lawyer

It is not permitted for the judgment to order the plaintiff to pay the costs of the company’s lawyers, but a fine may be imposed if the plaintiff has not attended the conciliation proceedings and/or has acted in bad faith or recklessly.

For greater guarantees, if the plaintiff lacks economic resources, he/she can turn to a trade union if he/she is affiliated, or can request a court-appointed lawyer with the right to free legal aid.

When there is no controversy in the cases of requesting the appointment of a guardian or curator to be settled in a contentious process, you can go to court without the need for a lawyer or solicitor.

If you are a person entitled to do so, you can file an application to initiate the proceedings with the court of first instance of the domicile of the minor or person with judicially modified capacity. The Judicial Office will provide you with a standardized form to formulate the request.

Along with the application, you must provide all the documentation contained in art. 45 of Law 15/2015, of July 2, of Voluntary Jurisdiction. This article regulates everything related to the processing of the file, its resolution and appeals. Subsequent articles regulate the rest of the elements that make up the institution of guardianship and conservatorship (provision of bail, acceptance and possession of the position, inventory, remuneration, removal, excuse, rendering of accounts).

What does the attorney procurator do?

The function of the procurator is the presentation and follow-up of the writs drafted by the lawyer, this figure is responsible for ensuring that deadlines are met, for collecting registration or payment orders in court, for managing court fees, for receiving notifications from the court and putting them in the court’s records, and for the …

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When is an attorney needed?

Civil cases

Verbal trials whose amount is less than 2,000 euros. In the initial petition for payment proceedings. Writs requesting the adoption of urgent measures prior to the trial, as well as to request the suspension of hearings or proceedings.

Who hires a lawyer?

But the reality of who hires the Attorney is that in most cases it is the Lawyer who contacts the professional. Once contacted, the Lawyer requests the provision of funds to carry out the legal matter.

What is a procurator

“The Appearance in trial will be by means of a procurator, who must be a Law Graduate, Law Graduate or other university degree of equivalent degree, authorized to exercise his profession in the court that hears the trial”.

Those who obtained the degree of Bachelor in Law or were in a position to apply for it after the entry into force of the Law (31/10/2011). (Eighth Additional Provision)

The body in charge of its issuance is the Ministry of Justice, once the Master’s Degree in Access to the Public Prosecutor’s Office and the aptitude test have been completed. Telephone number of the Citizen Attention Center of the Ministry of Justice: 91 837 22 95.

“The professional titles regulated in this regulation will not be required to those who were already incorporated to a bar association of lawyers or attorneys, as practicing or non-practicing, at the time of the entry into force of this Law.”

What is the power of attorney?

The general power of attorney empowers the attorney to perform all acts such as receiving notifications, communication and cooperation with the courts, processing writs, making payments and all those necessary for the processing of a lawsuit in all areas.

When is it not necessary to have a lawyer and attorney in Criminal Law?

Criminal Jurisdiction

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Regarding the position of the prosecution, a lawyer and attorney are required to initiate the process by means of a complaint. But to file a complaint, even if it is filed directly with the Court, it will not be necessary.

When no lawyer or attorney is required?

With the reform of the LEC (7.10.2015), the intervention of the lawyer is not mandatory when the verbal trial is by reason of the amount and this does not exceed 2,000 euros. When the verbal trial is by reason of the matter, even if it is less than 2,000 euros, its intervention is mandatory.

Public prosecutor

The public prosecutor is a professional licensed in law who represents us before a court in the development of a legal proceeding. And no, he or she is not our lawyer, although at first glance it may seem so. In fact, it is our lawyer who usually chooses the procurator who represents us, since most law firms usually have trusted procurators.

Solicitors do not take part in all legal proceedings, but only in civil, criminal and family proceedings. The responsibility and functions of the procurator have a great weight in all proceedings. In short, the procurador represents the client before the court, receiving all notifications on his behalf.

The procurator’s fees are fixed by law. Royal Decree 1373/2003, of November 7, 2003, regulates the fees that correspond to the rights accrued by the procurators in any type of process. And although the Ministry of Justice gives room for negotiation, this may not exceed 12% of the pre-established fees.

What happens if a solicitor is not paid?

1. – The client who does not pay the fees to his lawyer or solicitor in a judicial proceeding where those professionals have intervened, will receive a payment request from the Court. 2. – If the client does not oppose within 10 days, enforcement against his assets (attachments, etc.) will be ordered.

How much does an attorney charge for a criminal trial?

For the performance in the phase of oral trial before the Criminal Courts, whatever the concept in which he/she appears and without prejudice to what corresponds for the exercise of the civil action, the procurator shall receive 33.44 Euros. Article 58. Proceedings before collegiate bodies.

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When is a lawyer not necessary?

Proceedings in which a lawyer is not required:

Verbal trial of less than 2,000 euros, in civil matters. Payment order proceedings for an amount of less than 2,000 euros, in civil matters. Ordinary social or labor judicial proceedings. Guardianship and conservatorship proceedings.

Difference between a Patron Attorney and an Attorney at Law

What are the functions of the Court Attorney? The Court Attorney is a Law Graduate, specialized in Procedural Law, whose primary function is the representation of individuals before the Courts. As a representative of the litigant before the Courts and Tribunals, he/she is assigned the mission of acting on behalf of the citizen he/she represents, exercising his/her rights, providing evidence or pleading on his/her behalf, making use of all the resources determined by the procedural laws.

The figure of the court attorney is a most admirable job since he does not defend the person himself but his rights before the law, many things and many important decisions depend on him and most importantly, he can change the life of a person.