Procurador is a professional that exists in Spain and in some cases is mandatory, besides the lawyer, for submitting a lawsuit. In some cases the client needs only a lawyer and in some other cases the client will need a lawyer jointly with a bailiff.
What is a procurador?
The Procurador is the professional who independently carries out the technical representation of the people and companies that are part of a judicial proceeding.
Therefore, the primary objective of the Procurador is to carry out the procedural representation of those who go to court.
Likewise, the procurador in many cases is mandatory in order to file a lawsuit and the client is obliged to hire him along with his lawyer. Generally, the lawyer is usually in charge of hiring the solicitor, but if the client prefers, he can look for a solicitor himself.
When is a procurador not necessary?
On the other hand, there are some situations in which the appointment of the procurador is not necessary. For example, a procurador will not be necessary: When in the verbal trial the amount is not greater than 2,000 euros, in the request for urgent measures prior to the trial, in the appointment of the judicial defender, in the conciliation acts, in universal trials, in the initial petition of the order for payment procedure and in the labor jurisdiction and in many matters of the contentious-administrative jurisdiction.
Neither in the preliminary proceedings in the court of instruction (criminal) when the client is the one investigated.
Differences and compatibilities between the Spanish Procurador and the Spanish lawyer
The main difference between both figures is that the role attributed to the procurador is to represent a client in his proceedings before the courts, while the lawyer is in charge of advising him and the defense.
Regarding the fees between the two professions, it should be known that those of the lawyer can be arranged freely and independently, while those of the procurador are already regulated in a norm called tariff.
As for the compatibility between the two professions, they are incompatible, since the lawyer cannot replace the procurador. As established in article 23.3 of the Law of Civil Procedure, the procurador who is legally empowered may appear in all types of proceedings without the obligation of a lawyer, in some cases, such as appearing only for the purpose of hearing or receiving the acts of communication and make the non-personal appearances of the represented parties that the Court has requested.
Can my lawyer act as a procurador?
No, it is incompatible to practice simultaneously the profession of lawyer and procurador.
Obligations and duties of the procurador
The obligations and duties of a procurador are included in Royal Decree 1281/2002, which approves the General Statute of procuradores.
The procurador exercises their role through a designation or a power that is established by a notary or in court.
As previously stated, in order to be a procurador, it is necessary to have a degree or degree in law and to have the title of procurador granted by the Ministry of Justice, in addition to having completed a Master’s Degree in Law (since 2012). For its part, its registration is mandatory, which is carried out in the General Council of Procuradores and in the regional Procuradors Associations.
Some of the duties of procuradores are; the representation of the principal and the collaboration with the justice in those issues that have to do with his mandate, communicate to his client’s lawyer everything that has to do with the defense of the principal’s interests, inform the lawyer and the client of any type of resolutions and/or notifications of the court in relation to the trial, make the payment of the expenses that arise with some exceptions, attend the courts or tribunals in which they perform their representation. All of them are included in article 26 of the Law of Civil Procedure.
As established in article 30 of the Law of Civil Procedure, there are different reasons why the procurador’s power can be revoked or their representation ceases. These causes are; the tacit revocation, the express revocation of the principal, the voluntary resignation, which ends the judicial matter or, the death of the empowering or procurador.