# Chances of success in suing a Malaga lawyer?



## patslatt (Jun 10, 2010)

I believe a Malaga lawyer has been negligent in dealing with a bank guarantee on buy to let properties bought by a close friend and other investors. Because of the lawyer's negligence,the the guarantee was allowed to expire. 

A few questions for the forum. 

Will it be difficult for my friend to find a lawyer in Andalucia who would sue the negligent lawyer? 

Should my friend get a lawyer from Madrid or from an international law firm in London with a Spanish branch instead,asuming the best law firms are in the country capitals?

Given that the evidence of negligence is very strong (why would my friend allow the guarantee to expire at a huge cost to himself with no compensation?),would a law firm take the case on a small upfront fee?

Are judges in Andalucia likely to give an impartial hearing to an expat's case against a Malaga lawyer?


----------



## jojo (Sep 20, 2007)

patslatt said:


> I believe a Malaga lawyer has been negligent in dealing with a bank guarantee on buy to let properties bought by a close friend and other investors. Because of the lawyer's negligence,the the guarantee was allowed to expire.
> 
> A few questions for the forum.
> 
> ...


Altho it shouldnt be the case, I think it would be impossible to get a Spanish lawyer to sue on behalf of your friend and I also believe that an Andalucian judge would also favour a málaga lawyer. Most of them would have gone to the same "law school" and probably be good friends! I dont know about international or capital city lawyers, but I do know that the Spanish legal system can take years/decades if the lawyers so wish it, making it almost "not worth the bother"!!!

Spain isnt known for its fast, efficient or uncorrupt legal system

Jo xxx


----------



## xabiaxica (Jun 23, 2009)

jojo said:


> Altho it shouldnt be the case, I think it would be impossible to get a Spanish lawyer to sue on behalf of your friend and I also believe that an Andalucian judge would also favour a málaga lawyer. Most of them would have gone to the same "law school" and probably be good friends! I dont know about international or capital city lawyers, but I do know that the Spanish legal system can take years/decades if the lawyers so wish it, making it almost "not worth the bother"!!!
> 
> Spain isnt known for its fast, efficient or uncorrupt legal system
> 
> Jo xxx


that may well be true - but it would still be worth speaking to the Ilustre Colegio de Abogados - which is the spanish equivalent of the Law Society in the UK

here's a link to the Malaga branch

Ilustre Colegio de Abogados de Málaga


----------



## Stravinsky (Aug 12, 2007)

I know someone who bought a house in Spain through an estate agent and with a lawyer.

When it was all finalised and he wanted his documents it was found that the house was one that was built for low income Spaniards under a special system, and in fact the brit I knew was unable to own it.

He approached the seller who denied all knowledge. He asked the lawyer and the estate agent and they were not very helpful. Clearly he had been sold a house that he was not allowed to buy

He went to court, but on the day the solicitor (and iirc the agent) didnt turn up. The seller denied everything, and the judge found for the seller!!!! The lawyer of course was beyond reproach.

The legal system in Spain is long and laborious, and the strangest things can happen.


----------



## JBODEN (Jul 10, 2009)

Stravinsky said:


> The seller denied everything, and the judge found for the seller!!!! The lawyer of course was beyond reproach.


If it's the same person I'm thinking of he did finally get the ruling of the local court overturned by the High Court in Granada.


----------



## gus-lopez (Jan 4, 2010)

When you've got enough posts I can pm you with someone who has just successfully sued a prestigious firm of marbella lawyers , but it did start when Jesús Gil was mayor there & he's been to prison & died so that's how long it took !! :lol:


----------



## littleredrooster (Aug 3, 2008)

gus-lopez said:


> When you've got enough posts I can pm you with someone who has just successfully sued a prestigious firm of marbella lawyers , but it did start when Jesús Gil was mayor there & he's been to prison & died so that's how long it took !! :lol:


Well I wouldn't want to build up your hopes too much,
But the last time I heard of it, Jesus of Galilee was still around.


----------

