News, analysis and opinion pieces on firm management published on AGENTE LEX.
A lawyer who practises on their own account handles personal data of clients, opposing parties and witnesses every day. The Data Protection Act sets specific obligations for any controller, and clarifies that lawyers are not on the list of those who must appoint a data protection officer.
The annual return of operations with third parties requires reporting to the Tax Agency the clients and suppliers with whom €3,005.06 is exceeded in the year. Using Tax Agency information, we review when it affects a lawyer who practises on their own account.
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.
Conflict of interest is one of the most relevant ethical risks for a firm with many clients. The Code of Ethics of the Spanish Legal Profession devotes eight rules to it in its Article 12, and the last extends all the others to the firm as a whole.
Advertising a lawyer's services is free, but has limits. Article 6 of the Code of Ethics of the Spanish Legal Profession lists them one by one. For those who practise alone and rely on their website or social media to win clients, it is worth knowing them well.
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.
