News, analysis and opinion pieces on fees published on AGENTE LEX.
The General Statute of the Legal Profession prefers the engagement letter, and the Organic Law on the Right of Defence allows the client to demand it. The profession should take the next step on its own initiative: always use it, even in small matters.
E-invoicing between businesspeople and professionals is usually presented as one more administrative burden. It also has a positive side for firms: the recipient will have to report whether they accept the invoice and when they pay it. It is wise to prepare the firm in time.
Collaborations between firms, partner departures and agreements with other professionals all raise the same question: can fees be split? The Code of Ethics sets a general rule and four exceptions, and prohibits paying commissions for bringing in clients unless the client is informed.
Lawyers' fees are freely agreed, and the Professional Associations Act prohibits bar associations from recommending prices. They may only draw up indicative criteria for a very specific purpose: the assessment of costs and the jura de cuentas (fee-claim procedure). We explain the scope of the rule.
When the client is a company or another professional, a lawyer's fees fall within the scope of Law 3/2004 on combating late payment. The law sets payment deadlines, automatic interest and a minimum compensation for collection costs. It does not apply to consumer clients.
Collecting compensation for a client and deducting the outstanding fees from it seems practical. Without express written authorisation, it is an infringement. Circular 2/2025 of the Spanish Legal Profession explains the rules and their consequences.
