The fees that the various lawyers charge in Spain are not all equal, far from it! These vary considerably. I should know because I have had many approach me. Not only to the amount of fees but the details behind the fees. Well there will be the ‘headline’ percentage that they will take if successful, and there can be hidden fees as well.
Some also still charge up front fees although this is becoming less. If you are charged an up front fee be careful because it might mean they are not so convinced about your case. In the past this was routine, that was before there were such legal precedents set as there are now which makes predicting the outcome of a case more easy than before. In the past it was much harder to predict and much harder to win over the bank.
It will be hard to go into details about all the fees and fee structures of course in a short blog. However, suffice to say you should do that before taking a decision on which lawyer should represent you. Most people want No Win No Fee deals of course, however these can come with higher success fee percentages. I have even known up to 40% and even 50% which is outrageous in my mind, and certainly from what I know some reputable lawyers will do that exact same job for!
Then be careful of the ‘hidden’ fees, these are charges that some lawyers make and others don’t. These are fees that they either pass on to the client or absorb themselves. This also includes travel expenses and subsidence believe it or not, particularly for the ‘procurator’ that presents the case to the court.
The procurator is necessary to have in court in attendance of your case as well as your lawyer. This person is also responsible for informing the legal parties of the court decisions concerning the case. as well as orders coming from the court. They charge a fee and this fee can either be absorbed or passed on by the legal organisation representing you.
You will also need to know if the fees you have been quoted include VAT or whether they are going to add this on at the end as another surprise!
The largest fee to be frightened of however is the fee from your lawyer if you fail. I have seen this charged which obviously adds insult to injury. And believe me it can be many thousands of pounds. I have seen cases go to failure and the person was not really clear on the amount of costs they were risking at the outset. But they paid in any case.
Sometimes the legal fees are waived if the case is unsuccessful, you will have to find out about that.
It has been good for me to find all this out so that I know that my case is not going to have any of the above problems attached to it. I was able to negotiate up front on such matters to ensure that I am in the best possible position for both me and those who are taking on the same case as me in my group.
Make sure you select your legal representation diligently to avoid a lower payout or at worst a bill without a payout at all!