What is a “procurador de los tribunales” in Spain?

21 / Feb

We have noticed the confusion surrounding the figure of the “procurador” among our clients. Therefore, at Lex Foris, we would like to provide a brief explanation of what this figure is, the purpose of their professional services, and the requirements a procurador must meet.

A “procurador de los Tribunales” is a law graduate specialized in Procedural Law. Unlike the lawyer who directs the legal process, the primary role of a procurador is to represent individuals before the Courts, ensuring the progression of legal proceedings through proper procedures. They handle procedural aspects that are not strictly related to defense, which, as mentioned, is the lawyer’s responsibility.

It is important to note that the lawyer must also be a specialist in procedural law, but this professional studies and writes the pleadings because he specialises in the contents of the dispute, while the procurador deals with the procedure itself, such as monitoring deadlines, modes of appeal, etc.

Another function of the procurador is to represent the litigant before the Courts. This is an important function, as instead of notifying decisions directly to the individual, courts notify the procurador, who then communicates it to the lawyer to decide the next steps after receiving a decision (such as filing an appeal for example). This task is also defined by law. The Spanish Civil Procedure Law states in Article 23: “Appearance in court shall be through a procurador legally qualified to act in the court hearing the case.”

The Spanish civil legislation requires representation in court by a procurador and legal assistance by a lawyer for claims exceeding 2000 euros. Below this amount, such representation is not necessary.

The figure of the procurador is unknown in other countries, hence often questioned. However, besides being the client’s representative and a legal specialist, the procurador is also obligated to have advanced knowledge in the application of technology in the administration of justice.

Finally, it should be noted that as a professional, the procurador charges for their services independently of Lex Foris’ lawyers. Therefore, this extra expense should be considered when evaluating potential costs and expenses in a possible legal proceeding. The good news is that if the case is won, the procurador’s fees are considered court costs and could be reimbursed by the opposing party, depending on the judgment.

Mª Dolores García Santos