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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5956
Experience:  Spanish Attorney
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I have been awarded compensation in a property case but the

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I have been awarded compensation in a property case but the developer is appealing the decision. My Spanish lawyer is seeking payment of fees in advance before he will challenge the appeal. The fees amount to more than 30% of the amount I expect to receive. He states that the level of fees is authorized by the Spanish Bar Association. Is it usual to request fees in advance and is the amount he is asking for justifiable?

Attorney3044 :

Hi there

Attorney3044 :

I am an spanish attorney and its usual we ask this money in advance

Attorney3044 :

Usually we ask 30 / 50 per cent

Attorney3044 :

Ask for a signed contract with him and ask for the bill of sums given

Attorney3044 :

But he has the right to ask for the money in advanced and its ussual to do it

Customer:

If the decision is in my favour could costs be awarded or will that have been decided in the original court verdict?

Attorney3044 :

The judge will tell who pay the cost of the procedure

Attorney3044 :

If they have to pay by judicial order you will get your money back

Customer:

So if costs are awarded I could recover my fees from my solicitor?

Attorney3044 :

Sure, that it is how it works

Attorney3044 :

You have to wait until the decission of the judge

Customer:

Just to clarify please - you may ask for 30/50% of your expected costs or of the likely settlement? I am being asked for 30%+ of the settlement.

Attorney3044 :

Its a good agreement for you

Attorney3044 :

30 per cent its a good account, he is honest with you

Customer:

Sorry I don't think I made that question clear. Is the request for fees calculated on his expected costs or my expected settlement?

Attorney3044 :

Well, 30 per cent if you win could be a little expensive, but i do not know what the matter is

Attorney3044 :

In all cases its legal

Attorney3044 :

You could ask for several budgets in order to be sure

Attorney3044 :

but if you trust the attorney I recomend you to go ahead

Customer:

Thank you for your assistance. I am in a better position to discuss it with him when I visit. Adios!

Attorney3044 :

Thank you

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