Analysis of Royal Decree 135/2021 approving Spain's General Bar Statute: advertising, fees, privilege, continuing education and bar governance.
Royal Decree 135/2021 approved a new General Bar Statute replacing the 2001 version, responding to digitalization, globalization, legaltech growth, and increased competition among legal service providers.
Advertising liberalization (Art. 25): Replaces the "closed list" of permitted advertising with a system of specific prohibitions. Lawyers may advertise in any medium as long as it's truthful, dignified, and doesn't violate Article 25 prohibitions.
Legalized contingency fees (Art. 29): Conditional fee arrangements are now expressly lawful, but must be in writing before the engagement starts and cannot be the sole fee component.
Mandatory CPD (Art. 18): First-ever statutory continuing education obligation, with implementation delegated to bar associations.
Digital privilege protection (Arts. 21-24): Expressly protects electronic communications and requires active cybersecurity measures.
Single Lawyer Registry (Art. 79): Public registry of all practicing lawyers in Spain, facilitating client and judicial verification.
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