How much does a lawyer charge for a civil case?

Question

José Manuel Alburquerque · Accepted Answer

There is no official tariff. Fees are freely agreed between the lawyer and the client and depend above all on what is at stake, the complexity of the matter, the work it requires and the stages of the case covered by the engagement. Bar associations (“colegios de la abogacía”) are not allowed to publish fee scales. Their guideline criteria are only used to calculate the costs paid by the losing party and in cases where a lawyer claims in court what the client owes. So the prudent course is to ask for a written quote before instructing a lawyer, which the law entitles you to require. Why there is no fixed price The “Estatuto General de la Abogacía”, the general statute of the legal profession, says that the amount of fees is set freely between the client and the lawyer. The “Ley de Colegios Profesionales”, the Professional Associations Act, also prohibits professional associations from setting fee scales or recommendations on what their members should charge. The only thing it allows them to do is to draw up guideline criteria for two specific purposes. The first is the assessment of costs, which is the calculation of what the party ordered to pay costs must pay for the other side's lawyer. The second is the lawyer's fee claim against their own client (“jura de cuentas”), the procedure by which a lawyer claims in court the fees that his or her client has not paid. Those criteria do not tell you what you have to pay your lawyer. That is why two firms can ask for very different amounts for the same matter. What it depends on and how it is charged What a lawyer asks for a civil case depends above all on the following: The amount claimed or the value of what is in dispute. The complexity of the matter and the work it requires, for example the volume of documents or the number of witnesses and experts. The stages covered by the engagement. It is normal to quote separately for the first instance, the appeal and the enforcement of the judgment, which is the procedure for compelling compliance with it. The urgency and the time that has to be devoted to it. The method of payment is also agreed. It can be a fixed price for each stage, an hourly rate or a fixed part plus another that depends on the outcome. It is usual to ask at the outset for money on account (“provisión de fondos”), which is an advance payment. VAT is added to the fees. The court agent (“procurador”) is paid separately and charges according to an official scale of fees with maximum amounts. Experts, if needed, are also paid separately. What to ask for before starting Since December 2024, the “Ley del Derecho de Defensa”, the Right of Defence Act, has given you the right to have the engagement set out in writing, in a letter of engagement or an equivalent document, with an advance quote for the fees and expenses. The lawyer must also inform you of the general expenses of the proceedings, of how his or her fees are set and of what you might have to pay the other party if you are ordered to pay costs. When comparing quotes, it is worth checking: Which stages the price includes and how much an appeal or enforcement would cost. Which expenses are charged separately, such as the court agent, the experts or “burofaxes” (certified letters with proof of content). What is payable if an agreement is reached before trial. Who keeps the costs paid by the other side if you win. What may later be recovered from the other side through costs is a separate matter and does not change what you pay your lawyer.