Consultations with a lawyer – Spain

Filed under : Civil Law, Legal Consultations

At De Cotta Law we believe that the preliminary legal consultation is the most important moment in building the framework for success with your legal matter.  This is when the initial understanding of your need, dispute or conflict must be fully understood and assures you of the best possible advice. Documentation is often the key to a proper and valuable consultation and in some cases we prefer to study the documents after this initial consultation and provide a reasoned opinion in writing after the meeting. You will also have the

advantage of being to able to ask Questions.

For example, you may have a dispute with a neighbour about the boundaries of your land. In some of these cases the catastral or rateable area from the Catastro might be substantially different to the surface area of the plot as described in your deeds. Therefore, the lawyer will need to review both documents and any local planning rules to see if the situation can be resolved.

In monetary and debt claims we also need to review the paperwork. Unfortunately, in some cases pursing a debt can be costly and not effective if the debtor has no funds or assets in Spain. We act for a number of English law firms and Trustees in bankruptcy and always advise commencing a matter with a property and company search rather than commence a debt action against a “man of straw”. The same will apply to your small business debt or a personal debt where the person or company who owes the money has limited capacity to repay.

A comprehensive consultation is essential if you are to be successful and often a mediated settlement can be reached without the need to take a matter to court. For example a neighbour dispute can be settled with the parties agreeing to voluntarily sign new deeds that accurately reflect their ownership. Also a debtor can agree staged payments, perhaps with a charge against property that prevents costly litigation for both parties. 

Consultations can be in person or in writing. A Q & A with your lawyer can help you to come to decisions. For more information contact us on info@decottalaw.net or telephone 952 527014 to arrange a meeting at any one of our offices in Mijas-Costa, Nerja, Coín and Tenerife.