How long do I have to make a claim against my lawyer?

Question

José Manuel Alburquerque · Accepted Answer

If the engagement is governed by Catalan law, the time limit is in principle ten years and, in the rest of Spain, five. It normally runs from when you learn that there was a mistake that harmed you, for example that your claim was filed too late or that your appeal was not admitted because it was out of time. In 2026 the “Tribunal Supremo”, Spain's Supreme Court, held that a notary in Catalonia is subject to the time limit in the Spanish Civil Code (“Código Civil”), currently five years, rather than the ten years of the “Código Civil de Cataluña”, the Catalan Civil Code. That judgment does not deal with lawyers, but the prudent course is not to let five years go by. In practice it is advisable to claim much sooner, because the lawyer's insurance usually only covers claims made while the policy is in force. When it starts to run If Catalan law applies, from when you know, or could reasonably have known, about the harm and who caused it. Under the Spanish Civil Code, the courts also usually count it from when the harm becomes known. This is normally when you learn of the court decision that reveals the mistake, such as one declaring the claim time-barred because it was brought out of time or one refusing to admit the appeal. If the lawyer did not tell you anything, it normally runs from when you find out some other way. How it is interrupted and why it is best not to wait A written claim to the lawyer interrupts the time limit, which then starts again in full. Send it to the lawyer's insurer as well, by a means that provides proof of the date and the content, such as a “burofax” (a certified letter with proof of content). The request to negotiate that the law requires before suing also interrupts it. A complaint to the Bar Association (“Colegio de Abogados”), on the other hand, does not interrupt it. Even if the time limit is long, do not cut it fine. Lawyers' insurance usually only covers claims made while the policy is in force or shortly afterwards. Moreover, the Supreme Court's judgment on notaries was based on the fact that their function falls within the powers of the State. A lawyer might try to argue that the five years of the Spanish Civil Code apply to them too. To avoid that risk, make your claim before five years have passed. Cases with a different time limit If the letter of engagement shortens the time limit. Under Catalan law it can only be shortened by up to half of the statutory period and provided that this does not leave the client without any real possibility of making a claim, so a clause reducing it to one year is not valid. Where the client is a consumer, it would also be unfair. Even so, if your letter of engagement contains such a clause, make a written claim within that year to avoid any argument. If the lawyer was not your own, for example because someone else engaged them. As there is no contract between you, the time limit is three years if the events took place in Catalonia and one year in the rest of Spain. If your lawyer was assigned to you through the legal aid duty rota (“turno de oficio”), it is prudent to work on the basis of this shorter time limit as well. If the lawyer is claiming their fees from you. They have three years to recover them. If they make a claim, you can defend yourself by alleging their negligence, but that does not replace your own claim for damages, which has its own time limit.