Fees and Court Costs

How Do Lawyers Charge?

In Spain, lawyer fees are free (no fixed rates since 2002). The most common models are:

Fee Models

1. Hourly: the lawyer charges per hour of work (common in large firms)
2. Fixed price: a set amount for the entire matter (common in standard proceedings)
3. Success fee: the lawyer charges a percentage of what you win (maximum 40-50% per bar)
4. Mixed: a fixed amount plus a percentage of the result
5. Retainer: initial advance against final fees

What Are Court Costs?

Court costs include:

• Lawyer fees
• Solicitor fees
• Court fees (if applicable)
• Expert witness costs

Who Pays Court Costs?

• General rule: the loser pays both parties' costs (principle of defeat)
• Exception: if the case has factual or legal doubts, each party pays their own
• Limit: the judge can limit costs to reasonable amounts

Professional engagement letter

This is the contract between lawyer and client. It must include:

• Description of the matter
• Detailed fees
• Payment method
• Obligations of both parties