Frequently Asked Questions
What is a pre-budget estimate? Is it mandatory?
The preliminary estimate informs users of the cost of professional services.
Since the approval of Royal Decree 307/2022, this document is mandatory. Prior to this legislation, both the Charter of Citizens' Rights before the Courts (2001) and the Code of Ethics of the General Council of Professional Associations (CGPE) already included the obligation to provide the client with a preliminary estimate, indicating the approximate cost of the professional's intervention.
It's important to note that a preliminary estimate doesn't require express acceptance from either party. However, a letter of engagement does, as it's conceived as an explicit and signed agreement between the parties.
What is the scope of mandatory prior budgeting?
Since it is an informative document prepared by the attorney, reflecting a voluntary agreement, it has no legal repercussions.
However, if the client requests it, failure to provide the budget could be considered a breach of professional ethics.
Is it mandatory to have a representative in a trial?
Having a solicitor is mandatory in most legal proceedings and, moreover, highly recommended in all of them.
This is because, thanks to their intervention, unnecessary travel for the client is avoided, the processing of the process is expedited, and a solid understanding of how the courts work is provided.
In what matters is the Attorney mandatory?
In most legal proceedings, the intervention of the solicitor is mandatory.
However, there are some exceptions, such as:
-The initial request for the summary proceedings and oral trials for amounts less than €2,000.
-The communication of credits in insolvency proceedings.
-Labor procedures.
-Contentious-administrative proceedings before single-person bodies.
-Minor offense trials and criminal proceedings before the opening of the oral trial.
Although their presence is not mandatory in these cases, the complexity of the processes makes it highly advisable to have a solicitor.
This is because, for a reduced cost, the customer obtains important advantages such as greater efficiency, convenience and speed in processing.
