Lawyer's civil liability in Spain: when they're liable and how to limit risk
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 in Spain
Legal Framework
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.
When Lawyers are Liable
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.
Common Malpractice Scenarios
- Missed procedural deadlines (prescription, limitation periods, appeal windows)
- Failure to file available appeals
- Defective contract drafting
- Undisclosed conflicts of interest
- Failure to inform about fees and strategy
- Loss or damage of client documents
Mandatory PI Insurance
Minimum coverage: €300,000 per claim. Recommended to review annually against caseload.
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