What is a procurator in Spain and what do they do?

Table of Contents

What is the difference between a lawyer and a solicitor?

How do you become a procurator in Spain?

As we mentioned earlier, a legal representative is the professional who represents the parties before the court and ensures that proceedings run smoothly: communications, deadlines and procedural management. Here we explain what they do, when they get involved and why their role is key to ensuring everything runs smoothly.

What does a procurator do?

Although the exact duties may vary depending on the proceedings, the court and legal practice, there is a common core:

Formal representation before the court

The solicitor is listed as the party’s representative in the case file. This representation is evidenced by a power of attorney apud acta ( which grants the power of representation ) or by means of a a notarised power of attorney. From that point onwards, the court considers that all proceedings are conducted through that representative.

Handling of communications

An essential part of a solicitor’s duties involves receiving notifications from the court (judgements, procedural documents, summonses, hearing dates, service of documents, etc.), submitting written submissions relating to the proceedings and helping the case to progress, and liaising with the court and other representatives.

Monitoring deadlines and tracking the proceedings

Legal proceedings are governed by time limits. A time limit may open up the possibility of lodging an appeal, raising an objection, filing a response or rectifying a procedural defect. The solicitor is responsible for monitoring procedural deadlines and tracking the case, as in legal proceedings, missing a deadline can result in anything from a fine to the loss of the right to appeal.

Technical coordination with the solicitor

Coordination between the court representative and the solicitor is a daily occurrence: whilst the solicitor defines the legal strategy and drafts documents setting out the arguments (claims, defences, appeals with grounds), the court representative is responsible for the procedural aspects, filing documents and monitoring the case. This division of roles helps to explain why the system retains both roles in numerous proceedings.

Financial management

The solicitor is responsible for paying, on behalf of the client, the court fees and deposits required by law so that the proceedings or appeals can be processed correctly. This role helps to prevent errors or delays in the legal process, as the solicitor ensures that payments are made on time and in the correct manner.

Participation in auctions

The solicitor, in accordance with the Civil Procedure Act and the General Statute of Court Solicitors , may act at judicial auctions on behalf of their client. Their role consists of submitting bids, carrying out the necessary formalities and supervising the conduct of the auction, ensuring that all proceedings are carried out correctly and in accordance with the law, whilst avoiding errors that could invalidate a bid or delay the award.

In short, the court representative ensures that the process stays on the right track and can proceed with due safeguards.

When is a legal representative required?

The need for a solicitor depends on the type of court (civil, criminal, contentious-administrative or social/labour), the type of proceedings, the amount involved and the competent court.

Civil proceedings

It is in the civil sphere that the need for a solicitor arises most frequently. Generally speaking, in many civil proceedings it is required to be represented by both a lawyer and a solicitor, particularly when the matter involves a substantial sum or when the proceedings are more complex (for example, an ordinary court case ). However, in proceedings involving smaller sums of money or simpler procedures, this may not be compulsory, although it is advisable to check this before filing any documents.

Criminal proceedings

In criminal proceedings, the need for a legal representative varies more depending on the party’s role in the proceedings (complainant, suspect/accused, private prosecutor, aggrieved party) and on the stage of the proceedings or the court involved.

It is common for the legal representative’s representation before the court to be combined with the defence provided by a solicitor, who is responsible for the legal arguments and strategies, in order to initiate proceedings.

In other situations, dealings with the courts may begin without a legal representative (for example, by lodging a complaint), but if the proceedings move forward, the involvement of professionals is formalised as required by the case.

Administrative proceedings

In contentious-administrative proceedings (when you bring claims or appeal against decisions by the administration before the courts), representation also depends on the court and the type of proceedings.

In some cases, there may be flexibility regarding the presence of a solicitor, but in others (particularly in higher courts or more formal proceedings), professional representation may be required.

Labour proceedings

In the social (labour) jurisdiction, the system is generally more flexible regarding representation at first instance. In many cases, it is possible to appear without a solicitor and, depending on the type of proceedings, with or without a professional (although seeking advice is usually highly recommended).

However, when it comes to judicial appeals or more technical stages of proceedings, the involvement of professionals (often a solicitor or labour relations specialist ). A solicitor may be involved, but they are not always the most common figure in labour proceedings, and whether they are needed will depend on the specific case.

What is the difference between a solicitor and a legal representative?

The solicitor is responsible for the technical management and legal defence of the case: they analyse the case, define the strategy, draft submissions setting out legal arguments, negotiate, advise and defend.
The solicitor is responsible for procedural representation and the management of the proceedings: deadlines, notifications, the submission of pleadings and monitoring the case file before the court.

In other words: the lawyer decides what is to be done and why (the legal and strategic aspects), whilst the solicitor ensures that it is done on time and through the correct channels before the court (the practical and procedural aspects). The two roles complement each other: one builds and defends the case, whilst the other keeps it moving forward without any errors regarding deadlines or communications. If you’d like to find out more about the differences between these professions, you can read this article. In it, we provide a more detailed overview.

How do you become a court representative in Spain?

Entry to the profession of court representative in Spain is linked to legal training and a regulated professional qualification process, comprising training and assessment components. According to Law 15/2021 of 23 October, on access to the professions of solicitor and court agent, the pathway includes:

University education leading to a law degree or equivalent training providing a solid legal foundation in procedural, civil, criminal, administrative and constitutional law, etc.
Specialised training through a qualifying master’s degree which paves the way for the legal profession and the role of solicitor and includes external work placements.
An official assessment of professional aptitude to ensure a minimum common standard for practising.
Registration with the relevant Bar Association , in accordance with formal requirements (qualifications/accreditation, insurance, ethical standards, etc.).

Beyond the formal training pathway, it is necessary to develop organisational skills, the ability to write clearly for procedural matters, proficiency in using digital tools and document management, fluent communication with solicitors, clients and court offices, and practical knowledge of how courts actually operate.

Summary

In short, a court representative is the professional who represents a party before the court and acts as a practical liaison with the court to ensure that proceedings run smoothly. In practice, a court agent receives notifications, monitors deadlines, submits procedural documents, attends court hearings and coordinates with the lawyer to ensure that nothing in the case file is overlooked.

The need for a court representative depends on the jurisdiction and the type of proceedings, although their presence is particularly common (and often mandatory) in civil matters, whilst in criminal, administrative and employment matters the requirement varies depending on the case, the stage of the proceedings and the court. Finally, it is important to remember that the solicitor is responsible for legal strategy and defence, whilst the court representative handles representation and procedural management. To practise as a court representative, one must complete a regulated training and qualification programme, whilst also developing key skills such as organisation, precision and the management of deadlines.