Lawyers suing lawyers

LAST UPDATED: 11 Jan, 2015 @ 21:48
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Lawyers suing lawyers

Our regular Olive Press legal column by lawyer Antonio Flores 

IT is every so often that we get enquiries from disgruntled former clients of colleagues, claiming that their chances of recovery, on occasion of a legal dispute or in a failed property transaction, have been seriously diminished or even thwarted by, in their view, negligence of the acting lawyer.

And whenever the option to sue another lawyer is raised by a third participant in the meeting (it tends to be a friend, acting as the good Samaritan for the occasion), the victim of the suggested negligence tends to raise all kinds of objections, arguing that ‘lawyers tend to stick up for each other and they will avoid filing lawsuits against fellow practitioners’.

Admittedly, this perception is widely spread among foreign people, further aggravated when they throw in other elements of collusion (lack of determination or bias, the logic idea that other lawyers are naturally antagonistic toward lawyers who sue lawyers, corrupt judges, unknown timescales, costs etc.).

The reality is that, unlike in the US, in Spain we don’t have lawyers specialised in suing other lawyers. It is in fact a field of the law that is almost unknown, and you will normally find that it takes a lawyer with very tough skin to feel comfortable in this practice.

Yet there are now more and more articles devoted to legal malpractice being published, quoting relevant rulings and other interesting material on the issue and astonishingly, when you make a search on one of many legal libraries in use, using the words “abogadonegligencia”, the result shows a whopping… 5,221 court rulings!

So it might be that we need to embrace the motto of a known Miami-based malpractice lawyer, Warren Trazenfeld, who some years back said: “Good lawyers always want to police their profession, they believe that lawyers who have damaged their clients should be held accountable.”

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Lawyer Antonio Flores is the legal columnist for the Olive Press. Antonio has been practising law since 1997, year in which he began working for a large law firm in Marbella as a Property Lawyer. In 1998 he left the company he had joined a few months earlier, and used his knowledge and the experience gained to build his own practice. He is known throughout the community as independent, reputable and trustworthy. Through a combination of strong work ethics, determination and international exposure, his competence of Spanish Law is unparalleled and demonstrated through his fluency in English and Spanish.

3 COMMENTS

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  1. I feel sick in the stomach reading this article. The truth to the matter is that the legal profession is the only profession that believes six sigma does not apply to them. Lawyer regulation is simply a register of frequent flyer points – a lawyer becomes a Dalmatian when they obtain 101 dismissed complaints.

    I can assure you its not the foreigners that complaint about the system its also the spaniards that have moved overseas too! Hiring a lawyer today is pretty much a risk management task – getting wrong and the risk is dangerous.

    Lawyers believe in 100% self regulation. Group thinking does not police an industry

    There is only one good think about spanish lawyers they don’t have the billable hour – no one would go to a lawyer if they did!

  2. Abogados do not enjoy a good reputation among the foreigners, especially after suffering some practical experience. Trying to sue one would be considered by most a very good waste of time and money (no offense!).

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