Is a complaint to the Bar Association (“Colegio de Abogados”) any use?

It allows the Bar Association to examine the lawyer's conduct and, if they committed a disciplinary offence, to sanction them. It is no use for obtaining compensation, because the Bar Association cannot make the lawyer pay you, nor does it interrupt the time limit for claiming compensation. Since December 2024, the “Ley Orgánica del Derecho de Defensa”, Spain's Right of Defence Act, has given clients certain rights in relation to their lawyers and has required Bar Associations to receive, process and decide on their complaints. If what you want is to be paid for the harm, you have to claim against the lawyer and the lawyer's insurer.

Alburquerque Abogados

José Manuel Alburquerque
Civil liability

The rights the law gives you as a client

The Right of Defence Act, in force since 4 December 2024, entitles you to have your lawyer:

  • Explain to you in simple terms how serious the matter is, what your prospects are, the most suitable strategies and whether it is advisable to try to reach an agreement.
  • Keep you up to date on how the matter is progressing and on important decisions.
  • Inform you of what it may cost you, how their fees are set, what an order to pay the other side's costs would mean and whether you can apply for legal aid (“asistencia jurídica gratuita”).
  • Put the engagement in writing, if you ask, in a letter of engagement with an advance quote for the fees and costs.
  • Not take on your case if they have a conflict of interest, for example because they are also acting for the other side.

If the lawyer has not done so, you can report it to the Bar Association. Bar Associations must have a transparent and accessible complaints system and must take action against conduct that jeopardises clients' right of defence.

What a complaint achieves and what it does not

  • It may lead to a disciplinary sanction against the lawyer, ranging from a formal warning to a fine, suspension or expulsion. You are not usually a party to the disciplinary proceedings, so you cannot insist that the lawyer be sanctioned.
  • The sanction does not get you any money. The Bar Association does not order anyone to pay compensation.
  • The Bar Association can tell you about the group insurance covering its members, which will help you claim against the insurer.
  • If what you are disputing is the fees, the Bar Association issues a report when they are challenged in court as excessive.
  • A complaint is not required in order to sue, nor does it interrupt the time limit for claiming compensation.

To be compensated for the harm

Make a written claim against the lawyer, against the company that runs the firm if there is one and against the lawyer's insurer, by a means that provides proof, such as a “burofax” (a certified letter with proof of content). That claim does interrupt the time limit. Before suing, you must try to negotiate, as the law has required since 2025. You can file the complaint with the Bar Association at the same time, but do not wait for it to be resolved before making your claim.

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.