It is the notarial document by means of which a person confers authorization to one or several attorneys and one or several lawyers so that they, respectively, represent and defend him/her before the Courts of Justice in relation to a certain matter or judicial cause in which this person must take part.
This is a merely informative and non-binding estimate. It is calculated on the basis of two criteria: 1) our knowledge of the Notarial Tariff and 2) our daily experience in the preparation of this type of notarial document. (Royal Decree 1426/1989, dated November 17, 1989). and 2) our daily experience in the preparation of this type of notarial document. However, any variation (upward or downward) will be duly justified at the time of issuing the final invoice for the notarial service rendered.
As is well known, in a democratic State under the rule of law, as is Spain, in accordance with Article 1.1 of the Constitution, one of its fundamental pillars is the principle of separation of powers, by virtue of which, of all the powers of the State, they are exercised separately by three powers, namely:
Thus, as indicated, the judiciary is the branch of the State responsible for dispensing justice, i.e., judging the matters before it, resolving conflicts that arise between citizens and between citizens and the Public Administrations, applying the corresponding laws and regulations.
To this end, the judiciary is composed of Judges and Magistrates, who are responsible for dispensing justice under a regime of independence, irremovability, responsibility and absolute submission to the law and the law.
The judiciary, as has been indicated, is the branch of the State responsible for dispensing justice, so that it is to it that any citizen must resort when any of his or her rights or legitimate interests have been violated.
<ejemplo>“Así pues, por ejemplo, si alguien nos ha impagado una deuda, si hemos sido víctimas de un delito, como un robo violento, si hemos sido despedidos de nuestro trabajo por una causa injustificada, o si hemos recibido una sanción de tráfico incorrecta, en todos estos casos, si como ciudadanos queremos reclamar nuestros derechos y ver restablecidos los mismos, será necesario recurrir al poder judicial, iniciando el correspondiente proceso judicial, a los efectos de que un Juez o Magistrado resuelva nuestro asunto, mediante una resolución motivada, en la que se determine lo que corresponda en Derecho”.<ejemplo>
To this effect, the Spanish Constitution recognizes, as a fundamental right, that is to say, as the right with the highest level of protection, the so-called right to effective judicial protection, that is to say, the right of any citizen to resort to the Courts of Justice so that they may protect his or her legitimate rights and interests.
In order to exercise this right to effective judicial protection and, in short, to be able to explain our problems before a judge so that he may protect our rights and legitimate interests, it will be necessary to initiate the corresponding judicial process, which for example can happen through a lawsuit, in the civil or labor sphere, or through a complaint or lawsuit, in the case of the criminal jurisdiction.
In any case, in order to initiate, process, appear in these proceedings and defend our rights and legitimate interests, in most cases citizens cannot carry out this procedure by themselves, but we need the assistance of professionals, who are the attorneys and lawyers, to whom the law entrusts the task of representing and defending, respectively, any citizen who wishes to initiate a legal proceeding.
Thus, if we need to go to the Courts of Justice to initiate or take part in a judicial process, in most of the occasions, we will need the services of a lawyer and a procurator, for which purpose the granting of a power of attorney for lawsuits, which is the figure that is analyzed in these lines, is justified.
A lawyer is a legal professional, with a degree or diploma in law, knowledgeable of the law and the legal system, whose mission is to advise, counsel and defend citizens in order to ensure the effectiveness of their rights and legitimate interests.
Thus, if any person must be part of a judicial process, in any jurisdiction, he/she must have the assistance of a lawyer to defend him/her, who will be responsible for designing the legal strategy that best suits his/her client, and for instigating all the corresponding procedural actions. To this effect, it is necessary to know that lawyers exercise their profession in a liberal way, that is to say, that they act as an autonomous professional that each client hires privately according to the confidence that is deposited and presupposed. Therefore, if we need a lawyer, we will have to look for a professional in the market who generates us confidence for the handling of the matter that concerns us and pay him the fees that are agreed.
Finally, in this regard, it is also necessary to point out that, if the person concerned lacks the economic capacity to pay for a lawyer, he/she can apply for the benefit of free justice, and if granted, the State will provide a lawyer to defend him/her at no cost to him/her. If you would like more information on this matter, you should contact your local Bar Association, where you will be able to receive the appropriate information.
A procurador is a legal professional, who is responsible for the technical representation of any citizen who is a party to a proceeding, so that the procurador will be the person in charge of submitting to the corresponding Court any corresponding writ or document and, likewise, of receiving any notification of resolutions issued by the Court itself or of writs and documents provided by the opposing party that are admitted. Consequently, any person who wishes to or must take part in a judicial proceeding will need a procurador to represent him/her for the purposes indicated above.
Indeed, as mentioned above, the power of attorney for lawsuits is a document in which a person confers authorization to one or several attorneys and one or several lawyers so that they, respectively, represent and defend him/her before the Courts of Justice in relation to a certain matter or legal case in which this person must take part.
In view of all the information provided so far, it is possible that, in the life of any person, he/she may experience some kind of conflict in which his/her legitimate rights and interests may be at stake or harmed, as a result of which he/she must resort to the judicial power, so that a Judge may protect such rights or legitimate interests, through a well-founded resolution that puts an end to this conflict, applying the law in force, thus restoring the legitimate rights and interests that may have been harmed, as the case may be.
<ejemplo>“Así pues, si por ejemplo, alguien no nos paga una deuda, si no podemos pagar nuestro préstamo hipotecario y la entidad financiera inicia un procedimiento ejecutivo para ejecutar la garantía (lo que desembocará en la pérdida de la propiedad de nuestra vivienda y nuestro lanzamiento en última instancia), si tenemos un conflicto por una herencia con familiares, si queremos separarnos o divorciarnos de nuestro cónyuge, si hemos sido despedidos o sancionados injustamente en nuestro trabajo, si la administración nos ha impuesto una sanción o nos deniega un derecho o prestación de forma indebida, si hemos sido víctimas de un delito o incluso si estamos siendo acusados de la comisión de un presunto ilícito penal, en todos estos casos vamos a necesitar los servicios de un abogado y de un procurador, a los efectos de que éstos nos defiendan y representen, respectivamente, ante las instancias judiciales que corresponda”.<ejemplo>
In the power of attorney for litigation, the principal, i.e. the citizen who has a matter to be dealt with before a Court of Justice, confers an authorization to a solicitor and a barrister (or several) so that they may, if necessary, represent and defend him/her, respectively.
Regarding the form of such power of attorney, there is the possibility of limiting the power of attorney to a specific case, detailing the matter for which the defense and representation is authorized, so that the lawyer and the attorney will only be able to act on behalf of the principal in that specific matter (perhaps this is the safest and most advisable option), in which case we would be dealing with a special power of attorney for lawsuits.
Or, as the case may be, to grant the power of attorney for lawsuits with a wider scope of action, so that the lawyer and the attorney can act on behalf of the principal in any kind of legal proceedings and before any jurisdiction (which may be advisable in the case of a company, for example, which has high litigation rates, and grants a power of attorney in favor of a lawyer and attorney to manage all these matters, and thus not having to grant an ad hoc power of attorney for each lawsuit), which is called general power of attorney for lawsuits.
Likewise, the power of attorney for lawsuits will specify which specific procedural actions the lawyer and the attorney can perform on our behalf, detailing for example whether or not he can file a lawsuit, whether or not he can answer a lawsuit, whether or not he can accept the opposing party's claim, whether or not he can withdraw from the proceedings, etc.
Although a priori it may seem a formality, it is very important that the interested parties read and know properly the contents of the power of attorney for lawsuits that they grant, since the powers that are normally conferred to lawyers are very broad and if they are exercised inadequately, they can generate serious damages for the interested parties.
<ejemplo>“Así pues, a modo de ejemplo, si se incluye la facultad de allanamiento procesal, se está autorizando a que nuestro abogado pueda reconocer ante el órgano judicial que la contraparte tiene razón en su pretensión y que por lo tanto se acepta la misma, sin que posteriormente pueda ser revocado dicho allanamiento si en realidad no procedía. Así pues, por consiguiente, se recomienda a los interesados que lean con detenimiento el contenido del poder y sean conscientes de todas las implicaciones que conllevan las facultades que confieren a sus abogados y procuradores”.<ejemplo>
Of course, it is possible to appoint only one lawyer or attorney to perform this task or, as the case may be, it is also possible to appoint several of them (which is the most common when hiring the services of a law firm) so that any one of them can act on behalf of the principal.
The power of substitution or sub-authorization is the provision that may or may not be included in a power of attorney for lawsuits, by virtue of which the lawyer or attorney may, on his own, appoint other professionals to assume the defense or representation of the principal, if necessary, as may happen, for example, in the event that the professional has two different appointments on the same day and wishes to authorize a colleague to attend a specific procedural act in his substitution.
A power of attorney for litigation may be granted by any person who is to be a party to a legal proceeding. That said, as a general rule, it is required that such person has full capacity to act, i.e., he/she must be 18 years of age and have fully functioning intellectual and volitional faculties.
On the contrary, if it is a minor or incompetent person who must take part in the judicial process, the power of attorney for lawsuits must be granted by his or her legal representative.
Logically, only those persons who meet the necessary qualifications for the practice of these professions, i.e., law graduates duly registered in their respective professional associations and who meet all the legal and honorable requirements necessary for the practice of these noble and necessary professions, may be appointed in the power of attorney to defend or represent the principal.
The power of attorney for lawsuits will only be signed by the principal, that is to say, the citizen who confers his defense and representation to a lawyer and a solicitor, respectively, without the need for these professionals to attend the signing ceremony.
On the same day of the signing, within a few minutes, the notary office will provide you with an authentic copy of the document, so that you can make the corresponding use of it.
Indeed, you will have to provide your lawyer with an authentic copy of the power of attorney, so that he can provide it to the corresponding court and thus accredit your representation, in order to be able to initiate all the legal actions you need. Also, the power of attorney will be uploaded to a platform where your lawyer or attorney can access and download it.
Of course, if you lose confidence in your attorney, you may at any time revoke the power of attorney you have given him/her and grant a new one in favor of another professional who now offers you more guarantees.
Indeed, in addition to the power of attorney for lawsuits, it is possible for any person to appoint a lawyer and attorney in a different way, namely, by means of an appearance to that effect before the Legal Secretary of the Administration of Justice (formerly the Judicial Secretary) of the judicial body before which the process is to be elucidated, also known as power of attorney or appearance apud acta.
In any case, it is necessary to indicate that this procedure can be delayed, in view of the usual collapse of the Spanish Administration of Justice, so that the fastest and most advisable, without a doubt, is the granting of the power of attorney for lawsuits.
Of course, the notary can go to your home to sign the power of attorney for lawsuits, since the law obliges to guarantee the notary public service to all those handicapped, sick or with reduced mobility who cannot go to the notary's office by themselves.
However, it will be necessary to take into account that, in such a case, as a matter of territorial competence of the Notary requested, it must be a Notary of the locality in question in which the domicile of the person who is unable to travel is located.
No. It is not necessary to register the power of attorney for lawsuits in any public registry.
In the event that the power of attorney for lawsuits granted is to be effective outside the Spanish state, it will be necessary to apostille it, that is to say, to carry out an additional procedure, provided for in the XII Hague Convention of October 5, 1961, which will allow it to be effective in a country other than Spain, as long as said country has signed this international convention.
This procedure of apostille will be carried out at the College of Notaries of Catalonia and, to this effect, its management can be carried out by the interested party himself or, if he wishes, he can entrust it to the notary's office itself, so that, once the procedure has been carried out, the apostilled power of attorney will be delivered to him.
Necessary documentation for nationals:
Necessary documentation for foreigners:
Necessary documentation:
In the case of a foreign company, it will also be necessary to provide:
