If my lawyer missed a deadline, can I claim against their insurance?

Question

José Manuel Alburquerque · Accepted Answer

Yes. You can claim directly against the lawyer's liability insurer, a type of insurance that a lawyer in Catalonia is obliged to have or to replace with an equivalent guarantee. What is compensated is not usually what you were seeking in the case that was lost, but the lost chance of winning it. The courts estimate what prospects of success you had and set the compensation accordingly. If the case was clearly a lost cause, there may be no compensation. What has to be proved That the lawyer did not act with due diligence, for example by missing the deadline for bringing a claim or for appealing. Their obligation is to use the proper means, not to win the case. That this caused you harm, because you lost the chance of having a judge examine your case. What reasonable prospects of success you had. This usually requires a report from another lawyer. How to claim Ask the lawyer in writing for their insurance details. They are obliged to provide them. The “colegio de abogados”, the local Bar Association, can also tell you about the group policy covering its members. Make a written claim against the lawyer and the insurer as soon as possible, because these policies usually only cover claims made while they are in force or within a limited period afterwards. If the lawyer worked at a firm set up as a “sociedad profesional”, a professional practice company, also claim against the company, which must have its own insurance. Before suing, you must try to negotiate, as the law has required since 2025. Time limit The lawyer's liability towards the client arises from the engagement, in other words from a contract. In Catalonia, if the engagement is governed by Catalan law, the time limit is in principle the general one of ten years. In the rest of Spain it is five. It normally runs from when you become aware of the damage, for example from when you are notified that your claim was statute-barred or that your appeal was lodged too late. Even so, do not wait, for the reasons given above about the policies.