July 23, 2007 at 12:32 pm #53050
Lawyer’s question time please:
On another thread Javier wrote:
‘In order to clarify the situation, “procurador” and “abogado” are learned in the law but the “procurador” will not act on your behalf in the trial.’
I have just heard from someone who relates that at their Preliminary Hearing the Procurador acted for the lawyer. Is this an acceptable role for a Procurador in a Preliminary Hearing ❓
July 23, 2007 at 8:28 pm #73742
I feel its the same as a lawyer and Barrister in UK. A lawyer will prepare the case collect all the facts etc and its the Barrister who will speak for the client in the Court.
If you ask me. its Money for the Boys. While a lawyer cannot speak for you but if you are representing yourself you can do so without the need for a Barrister.
July 23, 2007 at 8:49 pm #73744
If procuradors can speak for the client rather than the lawyer before a Judge, this really is very worrying. I thought that the Procurator’s role is a ‘middle-man’ to gather paperwork etc & ensure it is ready & prepared for the ‘trial’ at the right time – Not to actually present the case, pre-hearing or otherwise.
So many of us have had to change lawyers, & spend a lot of time, money & effort in finding one we feel we can trust. But if it is a Procurator who may be speaking for us – not a lawyer, someone we do not know & probably have never met – how on earth can we have any confidence in this system ❓
I hope one of our Forum Lawyers can clarify this please ❓
July 31, 2007 at 5:33 pm #73855
Dear Madams & Sirs,
According to the Law, the translation of “Preliminary Hearing” would be in Spanish ACTO DE CONCILIACION. Before the trial, the Court would try the conciliation of the claimant and the defendant. If the Conciliation does not solve the problem, the Court will solve the claims in the trial. ACTO DE CONCILIACION and the trial do not happen in the same day
In the Conciliation, the litigants do not need a lawyer. Of course, if you prefer to have a lawyer (abogado / procurador) in your ACTO DE CONCILIACION, he will go with you but the Court will not ask you a lawyer in said moment.
In order to confirm you the situation of the Civil Spanish Rules in Spaín, the abogado is the only person who can act on your behalf in the trial.
If you have any question more, please do not hesitate to ask me.
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