SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Pedro Echeguren, Lopez-Ibor DPM
In any case, these periods are estimates and depend on the workload of the courts. 1.3 Court Filings and Proceedings As a general rule, hearings in civil proceedings are open to the public, as provided for in Section 138 of the Spanish Civil Procedure Act (SCPA). However, some proceedings may be heard in closed session when this is necessary for the protection of public order, or national security in a democratic society, when the interests of minors or the protection of the private lives of the parties and other rights and liberties require this, or when sensitive or confidential matters may be discussed. 1.4 Legal Representation in Court According to Section 23 of the SCPA, appear- ance before the court must be through a court agent ( Procurador ), who must: • hold a law degree or any other equivalent university degree; and • be authorised to exercise their profession among the judicial party in the court which will hear the case. In civil proceedings, parties may also appear for themselves in the following cases. • In oral proceedings ( Juicios Verbales ), the determination of which is based on the amount (not exceeding EUR15,000) and in order for payment procedures ( Procedimiento Monitorio ). • In universal trials, where their appearance is limited to the submission of entitlement cred- its or rights, or to attendance at meetings. • In incidents relating to a decision regarding legal aid and where urgent pre-hearing meas- ures are requested.
In Spain, lawyers may conduct cases through- out all Spanish territory and act in all instances. However, they must be an active member of a specific local bar association. According to Section 31 of the SCPA, litigants must be advised and represented by lawyers duly authorised to practise law. No applications may be filed without a lawyer’s signature, with the following exceptions: • in oral hearings where the determination is based on the amount, and this does not exceed EUR2,000; and • written submissions with the intention of appearing before the court, or to request urgent measures prior to trial, or to request the urgent suspension of hearings or pro- ceedings. As for the possibility of foreign lawyers appear- ing before courts, they require special authorisa- tion, which is simplified in the case of attorneys from other EU member states. 2. Litigation Funding 2.1 Third-Party Litigation Funding In Spain, civil litigation funding by a third party is not excluded (and therefore permitted) but is rare, given the fact that it has not yet been spe- cifically regulated (although there are no signifi- cant legal obstacles to its development). 2.2 Third-Party Funding: Lawsuits Due to the absence of specific regulation, third parties may be potentially involved in any type of lawsuit in Spain that has a financial element.
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