Practising alone: what the General Statute of the Legal Profession says on registration, the firm and substitutions

Those who practise law on their own do so within a professional framework set by the General Statute of the Spanish Legal Profession, approved by Royal Decree 135/2021 of 2 March and published in BOE no. 71 of 24 March 2021. In addition to the general ethical duties, the Statute contains specific rules that affect the day-to-day running of the solo firm.

We review the main ones, with the article reference for anyone who wants to read them in full.

Where you can practise

Article 7.1 is clear: registration as a practising lawyer entitles you to practise throughout the national territory. A lawyer registered with one bar association can therefore act before courts and clients in other provinces.

Article 7.3 adds a limit: you can only be registered as a resident with a single bar association.

The firm holder

Article 35 regulates individual practice. Under its paragraph 1, individual practice can be carried out on one's own account as the holder of a firm. And that ownership has consequences:

• Liability: the holder answers professionally to their client for the actions of lawyers integrated into their firm, without prejudice to being able to claim against them.
• Fees: under Article 35.2, fees payable by the client accrue to the firm's holder, even if other lawyers in the firm do the work.

For a lawyer who is starting to grow and hires a colleague, it is wise to bear this in mind: towards the client, responsibility remains theirs. If the relationship with that colleague is an employment one, it is also governed by the special employment relationship we explain in the guide to Royal Decree 1331/2006.

Substitutions at procedural steps

Article 56.2 allows the lawyer to be assisted or replaced at any judicial step by one or more practising colleagues. It is a practical tool for someone working alone who has two hearings at once or is off sick.

The prudent course is to document the substitution, inform the client and give the substitute the necessary information on the matter.

When you receive a matter from another colleague

Article 60.1 regulates the opposite situation: a lawyer who takes over a matter another colleague was handling must notify them in a way that leaves a record of receipt. It is the traditional communication between colleagues, and its aim is for the previous lawyer to know they have been replaced.

Fees and information to the client

The Statute also sets the basis of the relationship with the client:

• Free fees: under Article 26, the amount of fees is freely agreed between client and lawyer.
• Engagement letter: Article 27.1 provides that the engagement is formalised preferably by engagement letters, and 27.2 asks bar associations to draw up templates.
• Information: Article 48 obliges the lawyer to inform the client, among other things, of the viability of the matter, the fees and costs, the consequences of a possible order to pay costs and its approximate amount, and the status of the matter.

On the use of the engagement letter we have a position of our own, which we explain in the editorial "The engagement letter should be the rule".

Checklist for the solo firm

1. Check your registration and your bar association of residence.
2. Use an engagement letter in every matter and keep a signed copy.
3. Have cover arranged with one or more trusted colleagues.
4. Comply with the notification to the previous lawyer when taking over a matter already under way.
5. Separate client funds from your own, as we explain in the guide on client funds.

None of these guidelines requires a large investment. What matters is making them routine from the first matter, because organising a firm when it already has many clients is considerably harder than doing so at the start.

More guides in Solo and small-firm lawyers.