Practical guide to lawyer professional liability in Spain: negligence, loss of chance, mandatory PI insurance, burden of proof and Supreme Court case law.
Lawyer civil liability is governed by Article 1902 CC (tort) and Articles 1101+ CC (contract). The EGAE 2021 mandates professional indemnity insurance as a condition of practice.
The Supreme Court has established liability when: (1) negligent act or omission (missing deadlines, failing to appeal, defective contract drafting); (2) real damage; and (3) causal link between negligence and damage.
The loss of chance doctrine (STS 16/1/2012, STS 25/9/2018) allows compensation for the frustrated probability of winning a case, without requiring proof the client would have prevailed.
Minimum coverage: €300,000 per claim. Recommended to review annually against caseload.
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