In most legal proceedings, the assistance of a lawyer and the intervention of a solicitor are necessary, but there are certain cases in which the Law considers that the affected person can defend his or her interests on his or her own and it is not mandatory to have a lawyer or solicitor, or it is only mandatory to hire a lawyer. You can go to the Bar Association in your city and request that one of these professionals be assigned to you, or you can search for solicitors on your own in Madrid or in the municipality where you are located.
Civil Jurisdiction
A lawyer and a solicitor are always required , as indicated in article 31 of the Civil Procedure Law regarding the intervention of a lawyer.
Article 31.1 LEC : 1. Litigants shall be directed by lawyers authorized to practice their profession in the court hearing the case. No request may be granted that does not bear the signature of a lawyer.
But as with everything in law, there are exceptions ( article 32 LEC ):
In verbal trials whose amount does not exceed 2,000 euros . It should be noted that when the verbal trial is determined by the subject matter of the case , a lawyer and solicitor will be necessary regardless of the amount.
Initial requests for payment .
When urgent measures are requested prior to trial or to request the urgent suspension of hearings or proceedings.
Criminal jurisdiction
In these procedures, the presence of a solicitor will only be required at the time when it is agreed to open oral proceedings ; it is not necessary beforehand.
When a person is arrested , the presence of a lawyer is mandatory (either appointed poland telegram by the detainee or assigned ex officio). The presence of the lawyer is mandatory throughout the entire judicial procedure and will represent the person under investigation.
Regarding the position of the prosecution, it is mandatory to have a lawyer and a solicitor to start the process by means of a complaint . However, to file a complaint, even if it is filed directly in court, it will not be necessary.
Social Jurisdiction
In labour proceedings (dismissals, claims for amounts, Social Security matters, etc.) a lawyer or solicitor is not required by law . However, the presence of a lawyer is highly recommended to defend the interests of the parties with the minimum guarantees, due to the complexity of the matter and the relevance of the interests of these proceedings.
Administrative Jurisdiction
In the contentious-administrative process, the presence of these professionals will depend on which body the actions are directed to.
The involvement of a lawyer is mandatory when the actions are brought before a single-person body (Administrative Litigation Court) and a lawyer and solicitor will be mandatory when the actions are brought before a collegiate body (High Court of Justice, National Court).