Lawyers can incur contractual and tortious liability for professional negligence. We analyse damage, causation, fault, loss of procedural chance and STS 237/2024.
Lawyer liability in Spain arises from contractual negligence (Arts. 1101-1107 CC) or tort (Arts. 1902-1903 CC). The obligation is one of means, not guaranteed outcomes.
Key elements: Breach of lex artis (STS 237/2024: timely filing, relevant evidence, proper appeals, full client information); loss of procedural chance (STS 435/2024: probability × potential damage value); 3-year limitation from when client knew/should have known the damage.
Mandatory insurance: Art. 22 EGAE requires €300,000/claim minimum cover.
2024 case law: STS 237/2024 (missed cassation appeal against contradictory TS jurisprudence = 60% loss of chance); STS 435/2024 (prescription from appeal ruling, not first instance); STS 612/2024 (contributory negligence reduces compensation).
Use code LEX-BLOG for double the standard trial period. Cancel anytime, no commitment.
Get started freeGuide to the Chilean recurso de protección (Art. 20 Constitution): 30 calendar days to file, protectable rights, proceedings before the Court of Appeals and appeal to the Supreme Court. 2025 case law.
Everything you need to know to file a recurso de amparo before the Spanish Constitutional Court: exhaustion of ordinary remedies, constitutional significance (STC 155/2009), the 30-day deadline and procedural strategy.
Analysis of art. 368 CP: basic and aggravated drug trafficking (arts. 369-369 bis CP), minimum psychoactive dose, penalties, drug dependence mitigation, shared self-consumption and Supreme Court case law.