Lawyou — jueves, 25 de febrero de 2021

Clarifications on self-representation in a lawsuit


What is procedural postulation

When we speak of procedural postulation in law we are referring to the procedural capacity of any person, whether natural or legal, who wants to initiate a proceeding or intervene in a trial. As a general rule, for this purpose, all persons are required to do so through the representation of a procurator and the defense of a lawyer.

However, this is not always the case, since citizens may represent themselves in a trial, and be a party to the same without a lawyer or attorney, as provided for in Articles 23.2 and 31.2 respectively, of the Civil Procedure Act, which establishes the few exceptions provided for in this regard.

However, even in these cases foreseen and authorized by the Law, it is never advisable to initiate or appear in a lawsuit without the advice of professionals.

What is the difference between a lawyer and a solicitor?

The difference between these two legal professionals is that the lawyer is in charge of defending the client, while the solicitor is in charge of representing the client.

In practice, the lawyer what he does is direct the defense strategy of his client, drafting the claim and advising him throughout the process. The relationship between the lawyer and the client is determined by a service lease agreement.  It is necessary for the lawyer to be registered in a Bar Association as a practicing lawyer.

On the other hand, the procurator is the one who represents the client in court, and is in charge of making the opportune notifications in time. He or she acts as an intermediary between the client and the court, receiving communications from the court and delivering them to the lawyer who defends the client. He/she is also in charge of presenting to the court the claims drafted by the lawyer. The procurator must also have studied law.

What is a power of attorney for lawsuits granted in favor of the procurador?

In order for a procurador to represent a person, he/she must have been granted a power of attorney for litigation. This power of attorney is a document through which the person who is going to be a party in a judicial process authorizes the attorney to act in his name and representation before the courts.

There are two types of powers of attorney:

  • The Power of Attorney, as its name indicates, is granted by a Notary. This is the most frequent power of attorney and has a cost of approximately 45 euros. This power of attorney has an undefined character, therefore, the attorney in this case will be able to carry out the functions that the power of attorney grants him/her in an indefinite way.
  • The power of attorney apud acta, however, is issued by the judicial officer and not by the notary. In this case it is free, but it will be only valid for the lawsuit for which it is granted. In other words, it must be renewed each time the client needs procedural representation.

Do you need legal advice? .

If you have a problem and you think you need to go to court, it is best that you do not do it alone and that you get in contact with a specialized lawyer. In this way, you will ensure that your matter will be resolved well, with full knowledge of the current legality and the most beneficial options for your case.

Meet our lawyers at LAWYOU, they will help you.

At LAWYOU we have lawyers with many years of experience who can help you or provide more information on currently applicable legislation and future changes. Do not hesitate to contact us to tell us about your case through our email or, if you prefer, you can also call us on 602 226 895.

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