Lawyer liability in Spain: legal malpractice, limitation periods and 2024 case law
Lawyers can incur contractual and tortious liability for professional negligence. We analyse damage, causation, fault, loss of procedural chance and STS 237/2024.
Means obligation, not results guarantee
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).
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