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Tool
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How it decides
Spanish civil proceedings need a lawyer and a procurador (the court agent Spanish procedure requires), except in small claims of up to €2,000 and for the initial application in the payment-order procedure, which you can file yourself whatever the debt (arts 23, 31 and 814 of the Civil Procedure Act). Before the administrative courts a lawyer is always required, save for civil servants in staff matters (art. 23 LJCA). In employment cases a lawyer is optional at first instance (art. 21 LRJS); in divorce and custody proceedings one is mandatory (art. 750 LEC).
The law often lets you act alone, yet some situations call for a lawyer all the same: a deadline you cannot pin down, evidence that needs an expert, or a bank, an insurer or a public authority on the other side. If the other party uses a lawyer where none is required, their fees are left out of any costs order against you, unless you acted recklessly or they live in a different judicial district (art. 32.5 LEC).
Since 3 April 2025, almost no civil claim is admitted in Spain unless the parties have first tried to negotiate (art. 5, Organic Law 1/2025). You can do this yourself, directly with the other side and in writing so there is a record. A lawyer is only required at this stage for a binding offer on a matter above €2,000 (art. 6).
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Questions
Yes, in small claims of up to €2,000 and in employment claims at first instance. You can file a payment-order application yourself whatever the debt, but if the debtor objects and the amount exceeds €2,000, you will need a lawyer and a procurador (art. 818 LEC).
You can ask for one too, including a legal-aid lawyer if you qualify, and the court will tell you so (art. 32 LEC). Where a lawyer was not required, their fees are not added to any costs you are ordered to pay, unless you acted recklessly or they live in a different judicial district.
Apply for legal aid (asistencia jurídica gratuita) at the local bar association or at the court. If it is granted, a lawyer is appointed and, where needed, a procurador.
This tool tells you whether you need a lawyer. The Scales tells you whether pursuing the matter is worth the cost and whether we would take it on. If this tool says you need a lawyer, weigh it there next.
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