Procurator: what is he/she?
This is a professional with a degree in law and specialized in the field of procedural law who represents a litigant in a court of law and before a court.
His main objective is to expedite legal proceedings and, to this end, he acts as an intermediary between the court, the lawyer and the client: he files the lawsuit, appears on behalf of the client, receives notifications of orders and judgments, submits the briefs prepared by the lawyer, etc.
When is it mandatory to hire a procurator?
The requirements for the intervention of a procurator vary according to the jurisdiction:
Civil: it is mandatory to hire a procurator in all civil jurisdiction proceedings, except:
- In verbal trials whose amount is less than 2,000 euros.
- For the initial petition in order for payment proceedings.
- In universal trials when the appearance is limited to the presentation of titles of credit or rights, or to attend meetings.
- In the incidents related to the impugnation of resolutions in the matter of free legal assistance.
- When urgent measures are requested before trial.
Criminal: it is necessary to go with a procurator to file a complaint. Also, this professional is necessary if you want to intervene in a case as injured party and, in the case of being the person sued or denounced, when the opening of an oral trial takes place.
Labor or social: in the first instance, it is not necessary to hire a lawyer or a solicitor. However, it is necessary to have a lawyer or a social graduate in the processing of the appeal of appeal; and the assistance of a lawyer is mandatory in the appeal in cassation before the Supreme Court.
Contentious-administrative: a lawyer is indispensable when the amount of the trial exceeds 30,000 euros or when it is held before a collegiate body.
What is the difference between a lawyer and a solicitor?
Although both are legal professionals, there is a difference between a lawyer and a procurator: while the lawyer advises and defends his client, the procurator is in charge of the representation, ordering all the trial documentation and carrying out the notifications to both parties.
Both professions are mutually exclusive, so they cannot replace each other or exchange their responsibilities.
What does an attorney do? Functions
Among the main functions of a procurador, are:
- To technically represent his client in all kinds of jurisdictional processes.
- Appearing in court on behalf of the client.
- To expedite the process in the execution of sentences.
- To guarantee with all legal security the communication of the court with the lawyer and the citizen.
- To collaborate with the Administration of Justice, helping it in the processing of the processes and in the execution of the sentences and other judicial resolutions.
- To correct procedural defects.
- To carry out acts of judicial communication.
- Accompany the judicial commission in the practice of seizures and in the taking of possession of real estate agreed by the court.
- Paying the costs of the procedure, fees, deposits of appeals, etc.
- Carrying out all the day-to-day formalities in the courts: summons, notifications, summons, etc.
- Speak with the officials who process the files, the lawyers of the Administration of Justice or the judge when necessary.
- Handle all the proceedings, being responsible for ensuring that deadlines are met and for notifying the lawyer at all times of the progress of the proceedings.
How to become a procurator?
To become a solicitor in Spain, Law 15/2021, of October 23, on access to the professions of lawyer and court solicitor establishes the following conditions:
- To have completed a law degree or bachelor’s degree in law. At the Universidad Europea, in addition to the online mode, you have this same degree available in classroom format: Law Degree in Madrid and Law Degree in Valencia.
- Have passed the university master’s degree in Law and Procurement, which we offer at our university both in distance and on-site: Master’s Degree in Law in Madrid and Master’s Degree in Law in Valencia.
- To take the professional aptitude evaluation test for the exercise of the profession of court attorney.
- Be registered in the Bar Association of the city where you will practice.