Is a letter of engagement compulsory for lawyers?
No signature is needed for the engagement to be valid, but the lawyer is obliged to inform you before starting about their fees, the expenses and what a costs order would mean. The “Estatuto General de la Abogacía”, the General Statute of the Spanish Legal Profession, tells the lawyer to do so with a letter of engagement or an equivalent means. In addition, since December 2024 you have been able to require the engagement to be set out in writing, with an advance quote for the fees and expenses. In Catalonia, anyone who engages a lawyer as a consumer is entitled to an advance quote, unless they expressly waive it.
Alburquerque Abogados
What the rules say
The letter of engagement is the document in which the lawyer and the client set down in writing what the lawyer is instructed to do and how much it will cost. These rules deal with it:
- The 2021 General Statute of the Legal Profession. It requires the lawyer to inform the client before starting about their fees and the expenses involved in their work, preferably by means of a letter of engagement. The lawyer must also inform them of the consequences that a costs order may have and of its approximate amount. The Bar Associations (“colegios de la abogacía”) must offer model letters of engagement.
- The “Ley del Derecho de Defensa”, the Right of Defence Act, in force since December 2024. It gives you the right to ask for the engagement to be formalised in writing, in a letter of engagement or an equivalent document, with an advance quote for the fees and expenses. If you ask for it, the lawyer must do so.
- The “Código de consumo de Cataluña”, the Catalan consumer code. It requires an advance quote to be given to anyone who hires the service as a consumer, unless they expressly waive it.
In addition, the rules of the Catalan legal profession ask the Bar Associations to promote the letter of engagement and the Barcelona Bar Association (“Colegio de la Abogacía de Barcelona”) recommends it.
What it should say
A clear letter of engagement spares both parties disputes. It should cover at least the following:
- What the lawyer is instructed to do, with the matter and the stages it covers, such as the first instance, the appeal or the enforcement of the judgment.
- The fees for each stage and how they are to be paid, whether a payment on account must be made in advance and whether VAT is included.
- The expenses charged separately, such as the court agent (“procurador”) or the experts.
- Who keeps any costs paid by the other side and what is payable if an agreement is reached or if the engagement ends early.
- The name of the lawyer handling the matter and their Bar Association membership number.
If there is no letter of engagement
The engagement is valid all the same, but if there is a disagreement later it will be harder to establish what was agreed. If the lawyer claims their fees in court and the client considers them excessive, the court can set them using the rules applied to calculate costs. That is not the case if the lawyer proves an advance quote that the client accepted in writing. If you believe your lawyer has not informed you as they should have, you can file a complaint with the Bar Association to which the lawyer belongs.
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.