Can I choose my own lawyer under my legal expenses insurance?

Yes. The law gives you the right to choose your lawyer and “procurador” (court agent) freely in any proceedings, without the insurer being able to give them instructions. What the policy can do is set a limit on what it pays when you choose one who is not on its panel. That limit must be highlighted and, if it is clearly insufficient, also signed by you separately. And if it is so low that it renders the right meaningless, it is not valid even if you signed it, as the “Tribunal Supremo”, Spain's Supreme Court, held in relation to a cap of 600 euros.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

How it works

  • Notify the insurer that you want to use the legal expenses cover and give the name of the lawyer you have chosen.
  • Ask in writing for the insurer to confirm the cover and the fee limit for a lawyer of your own choosing before you start.
  • Discuss fees with the lawyer from the outset. You will have to pay anything above the limit yourself.
  • If there is a conflict of interest or you disagree with the insurer on how to handle the matter, the insurance company must inform you straight away that you can choose a lawyer.

Legal expenses cover and liability cover are not the same

When someone makes a claim against you and your liability policy covers you, the insurer will normally conduct the defence with its own lawyers and at its own expense, because it is the insurer that pays if the case is lost. If there is a conflict of interest, for example because the person claiming against you is insured with the same company, the insurer must inform you straight away and you can instruct another lawyer to defend you. The insurer then pays you up to the limit agreed in the policy.

What it does not cover

Legal expenses cover does not pay fines or penalties. In addition, many policies exclude lawsuits against your own insurer, those relating to employment or professional activity and matters that began before the insurance was taken out. Also check whether it covers only claims for damages or also your defence when a claim is made against you.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.