The engagement letter in detail
Terms of Engagement
Part one: general matters
- The engagement is handled by Blay JD, through Praeva Niva SLP.
- We may work with other lawyers or collaborators at no additional cost to you.
- Everything is governed by the General Statute of the Spanish Legal Profession and the Code of Professional Conduct.
- Fees are set out in Annex I, with a fixed and a variable component depending on the stage of proceedings.
- Payment is always made by card or bank transfer to the firm’s account.
Part two: special billing and penalty terms.
Here we explain in detail what happens in each situation:
- The variable fee is calculated on the amount actually recovered. If nothing is recovered, we do not charge that variable fee.
- If someone terminates the contract unilaterally, different penalties apply depending on the stage reached. These penalties apply only when the decision to withdraw is made during a stage. If that stage has ended and the client does not wish to proceed to the next, these penalties do not apply.
- If someone reaches a private settlement with the other party, they must still pay the variable fee due to the firm.
- Late payment interest applies if the deadlines for paying variable fees are not met.
- Certain expenses are not included: experts, translations, apostilles, travel or proceedings abroad, unless expressly agreed. However, the firm has paid the court representative (Procurador) because there are more than 50 claimants, as we will explain below.
- You will also find the clause allowing the firm to withdraw. This is permitted only on specific grounds: non-payment, loss of trust, false documents sent to us or a conflict of interest. We cannot arbitrarily withdraw from the criminal complaint: the law requires us to act loyally and ensure continuity.
Important Legal Information
Finally, our pricing structure:
- A fixed fee for each stage: filing the criminal complaint, trial, appeal, cassation appeal and enforcement.
- If you join the criminal complaint after it has been admitted for consideration, the fixed fee increases.
- There is also a variable fee expressed as a percentage, which falls as more claimants join.
- Further reductions apply if recovery exceeds certain amounts: for example, if more than 29.900 or 49.900 euros is recovered, the percentage is reduced automatically.
- Everything is subject to VAT, and percentages are calculated on the number of claims, not people.
- From 50 claims onwards, the firm covers the court representative’s costs. In fact, the court representative’s fees have already been paid.
- As for estimated timescales: it may take between 2 and a half and 3 years from the criminal complaint to trial. Appeal and cassation appeal each add a few more months, and enforcement would begin a year and a half after the cassation appeal is filed. Overall, the proceedings may last up to 5 years, with payments made by stage, never all at once.
How we communicate
Email is always our preferred means of communication. We do not recommend WhatsApp or other instant messaging services, as they may compromise confidentiality. There is also a protective clause: if we try to contact a client unsuccessfully for 45 days, we will consider that they have withdrawn from the engagement. We have never had to apply this clause, but it is a safeguard.
Confidentiality
There is also a confidentiality section: everything the firm shares with you is strictly confidential and must not be disclosed to third parties or other claimants.
Legal warnings and anti-money laundering
- The proceedings may be unsuccessful.
- In criminal proceedings, it is exceptional for a complainant to be ordered to pay costs, but the risk exists and we must warn you of it.
- If a client starts parallel proceedings independently, the firm may withdraw.
Data Protection Law
The Data Protection Law section sets out your rights and your choice of whether to authorise us to use your email address to send information about the firm’s other services.
Frequently asked questions
The claim starts with an out-of-court stage, followed by civil proceedings, criminal proceedings or both. After each stage, you can decide whether to continue. There is no penalty if you choose to stop at that point.
The fixed fee is due before each stage begins. The percentage-based fee is only payable if money is recovered at that stage.
There is a fixed fee for each stage of the proceedings. For example, the fee for filing the formal criminal complaint is €225 if you join before the court accepts the complaint, or €350 if you join afterwards. The trial, appeal, cassation appeal and enforcement stages also have separate fixed fees.
You would only pay the fixed fee for that stage and the applicable percentage of the amount recovered. There is no charge for stages that have not started.
A proportionate penalty may apply. If the stage has already ended and you decide to stop, there is no penalty.
The firm may withdraw only if it has a valid reason, such as a conflict of interest or non-payment.
In civil proceedings, you will need to appoint a new lawyer or apply for a lawyer through Spain’s duty lawyer scheme.
In criminal proceedings, you can appoint a private lawyer or apply through the duty lawyer scheme. Otherwise, the Public Prosecutor’s Office will act on your behalf.
In civil proceedings, you will need to appoint a new lawyer or apply for a lawyer through Spain’s duty lawyer scheme.
In criminal proceedings, you can appoint a private lawyer or apply through the duty lawyer scheme. Otherwise, the Public Prosecutor’s Office will act on your behalf.
The agreement sets out the legal services the firm will provide. The firm does not guarantee an outcome.
The firm may delegate work to other law firms at no extra cost to you.
The exclusivity clause requires you to obtain permission before starting parallel legal action.
Penalties apply only if the agreement is terminated without valid grounds.
Unless otherwise stated, the fees exclude expenses such as court representatives (procuradores), expert witnesses, translations, travel and apostilles.
The firm may delegate work to other law firms at no extra cost to you.
The exclusivity clause requires you to obtain permission before starting parallel legal action.
Penalties apply only if the agreement is terminated without valid grounds.
Unless otherwise stated, the fees exclude expenses such as court representatives (procuradores), expert witnesses, translations, travel and apostilles.
Court representative (procurador): up to €1,500 in total, shared among all claimants. This usually works out at €40 to €50 per person.
Expert witness, if needed: approximately €1,200 in total, shared among all claimants.
Clients must approve any additional expense in advance.
Expert witness, if needed: approximately €1,200 in total, shared among all claimants.
Clients must approve any additional expense in advance.
No. As an individual claimant, you make one claim even if you have several contracts or plots. The fees only differ when different people hold separate contracts, for example, when two people have one contract each.
No. The total can only be confirmed once all engagement agreements have been signed and all payments have been made.
You will still need to pay the firm the fees due for the stage at which you reach the settlement.
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