Can I make a claim against my lawyer for negligence?

Question

José Manuel Alburquerque · Accepted Answer

Yes, if the lawyer did not act with the care and knowledge their profession requires and this caused you harm. A lawyer undertakes to defend you properly, not to win, so losing a case is not enough to make a claim against them. The clearest cases are missing a deadline, deciding not to appeal without consulting you, failing to submit an important piece of evidence or failing to inform you of the risks and costs. What is compensated depends on the harm, which is often the chance of winning that you lost, valued according to the prospects you had. When there is negligence and when there is not Allowing the claim to become time-barred, in other words letting the time limit for suing run out. Lodging the appeal out of time or deciding not to appeal without consulting you. Failing to put forward an important piece of evidence or to submit the documents you gave the lawyer. Failing to inform you. This was already one of the lawyer's duties, but since December 2024 the “Ley Orgánica del Derecho de Defensa”, Spain's Right of Defence Act, has expressly required lawyers to explain to you how serious the matter is, what your prospects are and whether it is advisable to try to reach an agreement. It also requires them to keep you up to date on how the matter is progressing and to warn you of what it may cost you, including a possible order to pay costs, which are mainly the fees of the other side's lawyer and court agent (“procurador”). If you ask, the engagement must be set out in writing, with a quote given in advance. Taking on your case despite having a conflict of interest, for example because they are also acting for the other side. It is not negligence to choose a debatable but reasonable strategy, nor to lose because the judge assesses the evidence or interprets the law differently. What you can claim The lost chance. If, because of the mistake, your case was never heard or was decided without an important piece of evidence, the judge estimates what prospects of success you had and sets the compensation accordingly. It is not normally everything you were seeking in the case and, if the case was clearly a lost cause, there may be nothing to compensate. The expenses the mistake caused you, such as an order to pay costs that would otherwise have been avoided. The fees you paid for work that was of no use to you. If the letter of engagement limits the lawyer's liability to the amount of their fees, that clause may not be valid. In 2026 the “Tribunal Supremo”, Spain's Supreme Court, confirmed that one such clause was void, even though the client was not a consumer, because it could reduce the compensation to a token amount. Where the client is a consumer, such clauses are also regarded as unfair. How to claim Gather the letter of engagement, the pleadings, the court's decisions and your emails with the lawyer. Ask the lawyer in writing for anything you are missing. Make a written claim against the lawyer, against the company that runs the firm if there is one and against the lawyer's insurer, which you can approach directly. Do not wait, because this kind of insurance usually only covers claims made while the policy is in force. To show what prospects your case had, you will usually need a report from another lawyer. Before suing, you must try to negotiate, as the law has required since 2025. A complaint to the Bar Association (“Colegio de Abogados”) may lead to a disciplinary sanction, but it will not get you any compensation.