SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Carmen Serrano, López-Ibor DPM
out” of the proceedings, as once joined, they will be bound by the final judgment. Section 15 of the SCPA guarantees that all individual consumers are aware of the proceedings and have the opportunity to join: • once the admission of the complaint is published in the media of the territory where the damages occurred; and • if the members of the group are identifiable, the claimant could send an individual letter to all of them prior to filing the complaint. 3.8 Requirements for Cost Estimate Lawyers must provide clients with estimated fees as soon as possible, usually in written form. The Code of Ethics of the Spanish Legal Profession (CESLP) establishes the proper behaviour of lawyers in Spain. These duties can be summarised in two types of action: identification and information. These actions are established in Section 87 of the General Statute of the Spanish Legal Profession (GSSLP). Relationship Between Lawyer and Client Section 87 regulates the relationship between lawyer and client, together with the lawyer’s obligations. In addition to those obligations arising from their con- tractual relationship, lawyers are obliged to fulfil the defence mission entrusted to them with the utmost caution and diligence, as well as keep their legal privi- lege. Lawyers are also required to diligently carry out the professional activities necessary for the defence of the matter entrusted to them, complying with the tech- nical, ethical and deontological requirements appro- priate to the legal protection of the matter. In doing so, lawyers may be assisted by collaborators and other colleagues who act under the lawyers’ responsibility. Lastly, lawyers shall identify themselves to the person they are advising or defending, even when they are doing so on behalf of a third party, in order to assume the civil, criminal and ethical responsibilities that may be applicable. Lawyers’ Obligations In the exercise of the profession, lawyers must take into account the requirement of “lex artis”. This con-
cept refers to the proper conduct of professionals and can be defined as a set of technical rules of conduct in the exercise of their profession. Lawyers undertake an obligation of means in the sense that they are obliged to carry out their activi- ties with due diligence and in accordance with the lex artis, without guaranteeing or committing to the result. Furthermore, the Supreme Court of Spain, in its judg- ment of 23 May 2001, Appeal No 914/1996, included among lawyers’ obligations the obligation to inform the client of the “pros and cons”, the risk of the case or the convenience or otherwise of judicial access, together with the costs, the seriousness of the situa- tion and the probability of success or failure. Parties may initiate pre-trial proceedings in order to prepare for a future legal action. These pre-trial pro- ceedings consist of a request for measures known as preliminary proceedings ( diligencias preliminares ), whose essential aim is to assist the party in gathering relevant documentation. The request is subject to the payment of a caution. 4.2 Early Judgment Applications The possibility of early judgment or cases being struck out before the substantive hearing is not provided for in Spanish legislation. 4.3 Dispositive Motions Frequent dispositive motions include preliminary pro- ceedings (see 4.1. Interim Applications/Motions ) or the seeking of injunctive relief. 4.4 Requirements for Interested Parties to Join a Lawsuit The SCPA provides for the possibility of third parties joining the proceedings if they have a direct and legiti- mate interest in the outcome of the proceedings. 4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
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