What is a Procurador?
It is normal to get a lawyer for a lawsuit. However, recently some people are a bit confused when they said that they also have to pay for a procurador to file a lawsuit.
In many countries, there is no such profession as procurador. A procurador can be understood as a “court representative”.
The role of the procurador is to represent the client in court. In most civil cases, neither the defendant nor the plaintiff is required to appear personally in court, unless the other party or the plaintiff asks to testify. Even if both parties are absent, the trial can proceed normally.
In Spain the lawyer is responsible for the defence and the procurador is who represents the client. This is why it is necessary to obtain a notary’s power of attorney (poder) before filing a lawsuit, so that the procurador and the lawyer can have the power to defend us and represent us in court.
Procurador as a “messenger”
The second role of the procurador is that of a “messenger”. It is necessary for documents to be exchanged between the court, the opposing party and the party itself.
Let’s say a court decision comes in. The judgment is sent to the procurador via an electronic platform, who then passes it on to the lawyers.
Similarly, if we by documents to be handed over to the court, this needs to be done through the procurador.
Note: The first official document given to the defendant is normally delivered by a civil servant of the court.
How much does a Procurador cost?
The fees of lawyers are based on the freedom of the market, i.e. each lawyer can have his or her own fee, with no upper or lower limit. In contrast, the procurador’s fees are calculated in accordance with the law. The minimum and maximum fees of a procurador are clearly defined by law. It is not possible to charge more than established by law.
The amount charged is determined by the type of case and the amount of money involved. Usually, the fees are around 200-500 euros for small cases and for less complex cases.
Can I ask the counterparty to pay procurador fees if I win the case?
In most cases, the court will order the losing party to pay the other party’s legal costs.
Both the lawyer’s fees and the litigator’s fees count as legal costs and can therefore be recovered from the other party.
