When seeking legal counsel, many British and English speaking people in Spain prefer to speak to somebody in their own language with the same cultural approach to giving legal advice. This is why increasingly law firms here have dual qualified and English lawyers working outside of their home country.
Spanish abogados
However it is extremely important to ensure that any work involving Spanish property or litigation in the Spanish courts and specific legal advice is undertaken by an abogado. Abogados in Spain are regulated by their local College of Lawyers. This is the approach taken by law firms De Cotta, McKenna & Santafé.
English solicitors and barristers
In England there are different roles for solicitors and barristers.
Many solicitors now have rights of audience in the English courts though traditionally this advocacy work was only undertaken by barristers. Barristers also provide opinions on specialist areas of law, for example where there is a question of jurisdiction or where complex legal issue arises.
Foreign law firms can now instruct English barristers directly from overseas and this is sometimes required when a conflict of law arises between Spanish law and English law, in cases such as Family Law.
Not all barristers have rights of audience and the Bar Council sets out the requirements for those who for various reasons have not completed pupilage in England but are qualified to provide legal advice. For example it is obligatory to have professional indemnity insurance and to make sure that clients understand their role and what Bar Council registration means. This is particularly important as some Barristers Overseas cannot register with their College of Lawyers in Spain.
National Law
It can be confusing for ex-pats and foreign residents living here in Spain to be told their ‘national law’ applies on divorce or to their succession. As a firm of Spanish and English lawyers working together, such as De Cotta, McKenna & Santafé are best placed to advise on both aspects, ensuring that you get advice from the appropriately qualified person who can deal with your problems and provide sound solutions. Be careful if you are told only English law applies.
Sandra Wrightson is a Barrister Overseas, registered with the Bar Council of England and Wales, and partner at De Cotta McKenna & Santafé, a law firm offering support with all aspects of Spanish Law for English speaking clients with offices in Mijas-Costa, Coín, Granada and Tenerife. Sandra heads the team at the firm’s Nerja office, located at:
De Cotta McKenna & Santafé
Calle Diputación, 6-2º-A
29780 Nerja
Málaga
Spain
De Cotta McKenna & Santafé, English solicitors, and lawyers, and Spanish Abogados, in Marbella, Andalusia, Spain