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+34 96 574 02 20
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+34 96 574 02 20
We are litigation lawyers (abogado de litigios) in Spain. We specialize in representing clients in disputes that are resolved through the judicial system. This means that we are primarily focused on handling cases that require legal action before the courts, often involving contentious issues that cannot be resolved through other means like negotiation or alternative dispute resolution (ADR).
We play a crucial role in the administration of justice, ensuring that our clients’ rights are protected and that legal disputes are settled fairly in accordance with the law.
One of the primary roles is to provide expert legal advise to clients who are involved in a dispute. This could be an individual seeking compensation for a
personal injury, a business involved in a contractual dispute, or a family dealing with issues such as divorce or child custody or penal charges defence.
We help our clients understand their legal position and advises on the best course of action. This might involve exploring settlement options, advising on the prospects of success in litigation, and providing strategic guidance on how to approach the case.
Before a case is brought to court, we typically conduct extensive legal research and prepare all necessary documentation. This includes drafting the initial complaint (demanda) or legal response (escrito de contestación) and gathering any evidence required to support the case. Evidence can include documents, witness statements, expert reports, and other methods of proof that will be critical to the outcome of the case.
We take care of the formal initiation of the legal action by filing the appropriate legal documents with the relevant court. This involves submitting the demanda (complaint) to the court, outlining the client’s claims, and setting out the legal basis for the lawsuit. The court then issues a summons for the other party to respond to the claim.
We represent our clients in court hearings, trials, and other legal proceedings.
Litigation can take place in a variety of courts, including the Juzgados de Primera Instancia (First Instance Courts), Audiencia Provincial (Provincial Court), and, in some cases, the Tribunal Supremo (Supreme Court) for appeals.
We will present the case, examine witnesses, and argue the legal aspects before the judge, all while adhering to Spanish civil procedural law (Ley de Enjuiciamiento Civil).
Although we are experts in the courtroom, our work often extends beyond trial. Many disputes are settled before reaching the trial stage through negotiation or mediation.
We may engage in settlement negotiations on behalf of our clients, working to reach an agreement with the opposing party that resolves the dispute without the need for a full trial. If a settlement is reached, we will draft the necessary agreements to formalize the resolution.
If a party is dissatisfied with the court’s decision, we can assist in filing an appeal. The appeal process can be complex, depending on the level of court
and the nature of the case.
We are adept at drafting appeal submissions (recurso) and presenting arguments to higher courts, such as the Audiencia
Provincial or the Tribunal Supremo. We are also familiar with the deadlines and procedural rules governing appeals in the Spanish legal system.
Once a case is resolved, we are also responsible for ensuring that the judgment is enforced. This could involve actions such as the seizure of assets, garnishment of wages, or other enforcement mechanisms under Spanish law to ensure compliance with a court order.
We handle a broad range of legal disputes, including but not limited to:
These cases involve businesses or individuals who are in conflict over the terms of contracts, including breaches of contract, disputes over goods or services, and commercial agreements.
Lawyers in this area represent clients seeking compensation for damages resulting from accidents, medical malpractice, defective products, or other wrongful actions that cause harm to individuals.
This includes divorce, child custody and visitation, alimony, and inheritance disputes. These cases can be particularly sensitive and require the lawyer to handle them with both legal skill and emotional intelligence.
These disputes could involve issues like property sales, leases, ownership disputes, and conflicts between tenants and landlords.
Some of the most important include:
This is the main body of law that governs civil litigation in Spain, detailing the processes and rules for initiating and defending lawsuits, handling appeals, and conducting court proceedings.
This code governs the substantive law in areas such as contracts, torts, family law, and property law.
We also handle cases that involve criminal elements, such as fraud, defamation, or other offenses related to a civil dispute.
The Spanish legal system has specific rules that must be followed in all stages of litigation. A deep understanding of these rules is essential to success in litigation.
Often, disputes can be resolved before going to court, so strong negotiation abilities are essential.
Whether in court or during settlement discussions, a litigation lawyer must be able to argue persuasively and communicate effectively with clients, judges, and opposing parties.
The ability to manage large volumes of documents and ensure that no procedural or legal detail is overlooked is critical in litigation.
The Spanish legal system has specific rules that must be followed in all stages of litigation. A deep understanding of these rules is essential to success in litigation.
In Conclusion, we play a vital role in helping individuals and businesses navigate disputes that require formal judicial resolution. Whether the case involves personal injury, business conflicts, family matters, or debt recovery, we provide expert advice, represent clients in court, and work tirelessly to achieve the best possible outcome.