It would be the case of those who practice the profession of lawyer on a permanent basis in another EU or EEA member state and occasionally travel to our country to carry out any of the following activities: consultation, legal advice or action in court (hereinafter referred to as “Visiting attorneys”).
It is a prerequisite to be collegiate or registered with the competent authority of the State of Origin.
It is a Right that emanates from the Directive 77/249 / EEC of the Council of the European Communities of March 22, 1977, aimed at facilitating the exercise of the freedom to provide services by lawyers, transposed into our legal system through the Royal Decree 607 / 1986, of March 21, aimed at facilitating the effective exercise of the freedom to provide services for Lawyers.
This Right is exercised through the Communication to the Bar Association corresponding to the territory in which they are to provide their services. Visiting lawyers must appear before the Dean of the Governing Board of the Bar Association and provide the following information (according to Art. 5 of RD 607/1986):
- Name
- Professional title possessed (according to the name in the language of the State of Origin)
- Postal address of your permanent office (in State of Origin)
- Professional organization to which it belongs (in State of Origin)
- Postal address during the stay in Spain.
- In your case, name, surname and address of the lawyer (registered in Spain) with whom you will act in concert
- Declaration of not being involved in a cause of incompatibility or having been subject to any sanction with effects on professional practice.
No type of association or registration is applicable; in consecuense, it is not necessary to pay any type of college fee.
It is mandatory for the College to inform the Consejo General de la Abogacía Española, in accordance with RD 607/1986 of March 21, when a community lawyer appears before the Bar Association corresponding to the territory in which he is to provide his services, so that a follow-up of the occasional services made by this lawyer in Spain.
Likewise, the College must inform the Judge or President of the Court in which they should act on the intended action, where appropriate and by official letter.
What can a visiting attorney do?
You may freely develop legal activities in Spain under the occasional provision of services, using your professional title of origin, expressed in the language of the State from which they come.
Visiting lawyers are subject to the disciplinary regime of Spanish lawyers and will carry out the activities related to representation and defense before courts and public bodies under the same conditions as Spanish lawyers, respecting Spanish professional rules, without prejudice to the obligations that apply. in the State of origin, which they must also comply with during their performance in Spain, especially the deontological ones.
For the exercise of the remaining activities, the visiting lawyer will be subject to the professional conditions and rules of the State of origin, without prejudice to respect for the rules that govern the profession in Spain, especially those that regulate incompatibility, professional secrecy, companionship relationships, prohibitions and advertising.
These rules will only be applicable to visiting lawyers if they can be observed by a lawyer not established in Spain and only to the extent that their observance is objectively justified to ensure the correct exercise of the legal activity, the dignity of the profession, and respect to incompatibilities and compliance with their tax obligations.
Visiting Attorneys They will not be able to open an office in Spain.
The occasional provision of services includes consultation, legal advice and action in court. Visiting Attorneys they wont be able perform duties that involve the exercise of a public function or that are incompatible with the occasional nature of their services.
For actions before Courts or Tribunals, public bodies, assistance to detainees or prisoners and communications with prisoners and convicts, the visiting lawyer must be arranged with a lawyer registered with the College in whose territory it is to act (Art. 6 of RD 607/1986).
Regarding the meaning of the concept "Act in concert", there is no regulation that develops it. However, it is understood that it is a protection measure for the client against the lack of full knowledge of Spanish law by the visiting lawyer who carries out an occasional service.
Consequently, consultation is understood as accompaniment. Thus, concerted action requires the physical presence of a collegiate colleague in a Spanish College who can attend and help the visiting lawyer at the time.
Saying concert must be communicated in each case to the Bar Association Before whose Dean the visiting lawyer has appeared by means of a document signed by both professionals, and to be recorded in all the professional actions it affects.
As a consequence of said concerted action, the collegiate lawyer is obliged to accompany and assist the visiting lawyer in professional proceedings, jointly assuming the civil or deontological liabilities that he may incur.