Legal Defence and Litigation
Criminal Defence and Litigation in Spain
As an English-speaking litigation lawyer based in Málaga, I advise and represent international clients in court proceedings and legal disputes in Spain. With more than 30 years of litigation experience, I provide direct legal representation before the Spanish Courts in criminal, civil, employment and administrative matters.
Clients deal directly with me throughout their case and receive clear legal advice in English on the applicable procedure, available options, legal risks and litigation strategy.
Criminal proceedings require prompt legal assistance and a carefully planned defence strategy. I provide legal assistance following arrest or detention and represent clients throughout criminal proceedings, from the investigation stage to trial and, where appropriate, appeal.
I have extensive experience in cases involving property and economic offences, fraud, offences against the person and allegations arising in a family context. Each case is assessed individually, with particular attention to the evidence, procedural strategy and protection of the client’s rights.
My services include:
- Immediate legal assistance following arrest or detention at a Police or Guardia Civil station and before the competent court.
- Advice on the rights of suspects and defendants and development of the defence strategy from the earliest stage of the proceedings.
- Legal representation throughout criminal investigations, intermediate procedural stages, trial and, where available, appeal.
- Preparation and submission of defence pleadings and other procedural documents required during criminal proceedings.
- Courtroom representation and advocacy before the Spanish criminal courts.
- Representation of victims of criminal offences, including participation in criminal proceedings as a private prosecutor and the pursuit of civil claims for compensation where appropriate.
- Assistance in cases involving restrictions on international freedom of movement, including travel restrictions or other precautionary measures affecting clients who live outside Spain.
Civil Litigation in Spain
Civil and commercial disputes involving Spain can become particularly complex when one of the parties lives abroad, the dispute concerns property or assets located in Spain, or contracts and legal relationships involve more than one jurisdiction.
I advise and represent international clients in civil proceedings before the Spanish Courts, including contractual disputes, debt recovery, civil liability claims, inheritance and family-related disputes, property and real estate litigation and other conflicts involving private rights.
Before proceedings are commenced, I assess the legal position, available evidence, procedural requirements and litigation risks. Where appropriate or legally required, I also advise on negotiation and other suitable means of dispute resolution before court proceedings are initiated.
My services include:
- Assessment of the legal merits of the case, available evidence, procedural requirements and litigation risks.
- Advice on litigation strategy and the most appropriate legal course of action.
- Negotiation and appropriate dispute resolution procedures, including compliance with pre-action requirements where applicable.
- Drafting and filing claims and responses before the Spanish civil courts.
- Legal representation throughout civil proceedings, including hearings, evidence and trial; where appropriate, enforcement of judgements and other enforceable titles.
- Clear legal advice and direct communication in English for international clients involved in disputes in Spain.
Employment Disputes and Litigation in Spain
Employment disputes in Spain are subject to specific procedures and, in many cases, very short legal deadlines. Early legal advice is therefore particularly important where a dismissal, disciplinary measure, employment claim or dispute involving working conditions has arisen.
I advise and represent employees, employers and senior executives in employment disputes before the Spanish labour courts, including cases involving dismissals, salary and compensation claims, executive agreements, substantial changes to working conditions and other employment rights.
For international clients, I provide clear advice in English on Spanish employment law, procedural requirements and the legal options available before and during court proceedings.
My services include:
- Employment law advice and assessment of legal and procedural risks.
- Advice and representation in dismissal proceedings and employment-related claims.
- Salary, compensation and other financial claims arising from employment relationships.
- Advice on disputes involving senior executives and executive employment agreements.
- Preparation and submission of mandatory pre-action claims or conciliation requests where applicable.
- Preparation and conduct of employment proceedings before the Spanish labour courts, including evidence, judicial conciliation and hearings.
- Enforcement of employment-related judgments and settlements.
- Direct communication and legal advice in English for international clients.
Administrative and Public Law Disputes in Spain
Decisions and actions by Spanish public authorities can significantly affect personal rights, property, professional activities and businesses. Administrative disputes are subject to specific procedures and strict deadlines, making early assessment particularly important.
I advise and represent clients in administrative proceedings and, where necessary, in judicial proceedings before the Spanish contentious-administrative courts.
My experience includes challenges to administrative sanctions, disputes concerning licences, authorisations and concessions, public liability claims, administrative appeals and judicial challenges to decisions or actions of public authorities.
My services include:
- Legal advice and strategic assessment of administrative disputes, including procedural requirements and applicable deadlines.
- Defence against administrative sanctions and other adverse decisions or actions by Spanish public authorities.
- Preparation and filing of administrative appeals where available.
- Legal representation in contentious-administrative proceedings before the competent Spanish courts.
- Public liability claims against Spanish public authorities where legally appropriate.
- Assistance during inspections, administrative proceedings and hearings, with direct legal advice in English for international clients.
FAQ’s - Litigation and Legal Defence
What is legal defence in court?
Legal defence involves advising and representing a client in legal proceedings in order to protect their rights and interests. Depending on the case, this may include assessing the legal position, preparing procedural documents, developing a litigation strategy, presenting and challenging evidence, appearing at hearings and advising on appeals or enforcement.
Who can act before the courts in Spain?
Legal representation before the Spanish Courts is generally provided by a practising Spanish lawyer (abogado). Depending on the type of proceedings and the court involved, representation by a procurador (court representative) may also be required.
The precise requirements depend on the jurisdiction and type of proceedings.
Can foreigners initiate or defend legal proceedings in Spain?
Yes. Foreign nationals and people living outside Spain may initiate or defend legal proceedings before the Spanish Courts where those courts have jurisdiction over the dispute.
Living abroad does not, by itself, prevent a person from bringing or defending proceedings in Spain. Depending on the type of case, certain steps may be handled through legal representatives, although personal attendance may be required in particular circumstances.
I regularly advise international clients in English and represent their interests in legal proceedings in Spain.
What types of legal proceedings exist in Spain?
The Spanish court system includes different jurisdictions for civil, criminal, employment and contentious-administrative matters, among others. Each jurisdiction has its own procedural rules, competent courts, deadlines and available remedies.
Identifying the correct jurisdiction and procedure is an essential first step before legal action is commenced.
How long does a legal proceeding usually take?
There is no standard duration for court proceedings in Spain. The time required depends on the type and complexity of the case, the court involved, the evidence required, the court’s workload and whether appeals or enforcement proceedings become necessary.
At the beginning of a case, I explain the procedural stages that can reasonably be anticipated, although the duration of court proceedings cannot be guaranteed.
Is it mandatory to attend court in person?
Not always. Whether a client must attend personally depends on the type of proceedings, the procedural stage and the purpose of the hearing.
International clients may often handle certain aspects of their case through their lawyer and, where required, a procurador or a valid power of attorney. However, personal attendance may be legally required or strategically advisable in particular proceedings.
What is the lawyer’s role during a legal proceeding?
A litigation lawyer assesses the client’s legal position, advises on strategy and procedural risks, prepares the necessary pleadings and evidence and provides legal representation throughout the proceedings.
My clients deal directly with me throughout their case and receive clear advice in English on procedural developments, available options and the decisions that need to be made at each stage.
Do I need to attempt a settlement before bringing a civil claim in Spain?
In employment disputes, and also in many civil and commercial cases, Spanish law requires an appropriate attempt at negotiation or other recognised means of dispute resolution before court proceedings can be commenced, although important exceptions apply.
Even where a pre-action procedure is not legally required, negotiation may be strategically advisable depending on the circumstances of the dispute.
Before commencing proceedings, I assess the applicable procedural requirements, legal deadlines and the most appropriate strategy for the case.
What should I do if I am arrested or detained in Spain?
If you are arrested or detained in Spain, you should request legal assistance immediately and avoid making decisions about your defence before receiving legal advice.
A lawyer can advise you on your rights, assist you during police questioning and represent you during the subsequent stages of the criminal proceedings.
For a foreign national arrested in Spain, obtaining legal advice in a language they understand is particularly important from the earliest stage of the case.
What evidence may be used in court proceedings in Spain?
The evidence that may be relevant depends on the type of proceedings and the issues in dispute. It may include documents, witness testimony, expert evidence, recordings and other legally admissible evidence.
Evidence should be assessed at an early stage because procedural rules determine when and how it must be proposed or submitted. The admissibility and evidential value of particular material must be considered in the context of the individual case.
Can a criminal case be resolved without a full trial?
In some criminal cases, proceedings may conclude without a full contested trial, depending on the offence, the procedural stage and the circumstances of the case.
Any agreement involving the acceptance of criminal responsibility has significant legal consequences and should only be considered after the defendant has received specific advice on the evidence, potential sentence and available defence options.
What does civil legal defence include?
It covers contractual disputes, claims for payment, real estate and property litigation, civil liability, and inheritance or family law proceedings, all with court representation.
What types of employment disputes exist?
Employment disputes include unfair dismissals, wage claims, executive contract disputes, substantial changes to employment conditions, and other matters under the jurisdiction of employment tribunals.
What are the deadlines for bringing employment claims in Spain?
Employment law is subject to strict limitation and expiry periods, which vary according to the type of claim.
Dismissal claims, in particular, are subject to a very short statutory deadline. Other employment claims may be subject to different time limits, and mandatory conciliation procedures can also affect the calculation of deadlines.
For this reason, legal advice should be obtained immediately after a dismissal or other employment dispute arises.
How can I challenge a decision made by a Spanish public authority?
The appropriate procedure depends on the public authority involved, the type of decision or action and whether the administrative route has been exhausted.
Depending on the case, it may be possible or necessary to file an administrative appeal before commencing judicial proceedings. Once the relevant requirements have been met, the matter may be challenged before the Spanish contentious-administrative courts where legally appropriate.
Administrative and judicial deadlines can be strict, so the decision should be reviewed as soon as possible after notification.
Are there strict deadlines in administrative proceedings?
Yes. Administrative and contentious-administrative proceedings are subject to specific legal deadlines. Missing an applicable deadline may prevent a claim or appeal from being brought or may otherwise affect the client’s legal position. The relevant deadline should therefore be identified as soon as an administrative decision or notification is received.
Can I appeal a court decision in Spain?
Not every court decision can be appealed, and the type of appeal available depends on the jurisdiction, the decision concerned and the procedural rules applicable to the case.
Where an appeal is legally available, strict requirements and deadlines normally apply. The decision should therefore be reviewed promptly to determine whether there are viable grounds for appeal and which remedy, if any, is appropriate.
What is alternative dispute resolution in Spain?
Spanish law provides different methods for attempting to resolve disputes without a full court process, including negotiation, mediation, conciliation and other recognised means of dispute resolution.
The appropriate mechanism depends on the nature of the dispute. In certain civil and commercial matters, attempting an appropriate form of negotiation or dispute resolution may also be a procedural requirement before a claim can be admitted by the court.
What is habeas corpus in Spain?
Habeas corpus is a specific procedure designed to obtain prompt judicial review where a person is allegedly being unlawfully detained.
It is not a general appeal against arrest or a remedy for every procedural irregularity. Whether habeas corpus is appropriate depends on the circumstances of the detention and the legal requirements governing the procedure.
A detained person should receive legal advice immediately so that their rights and the lawfulness of the detention can be properly assessed.
Can you represent me in court in Spain if I live abroad?
Yes, in many cases I can advise and represent international clients in Spanish legal proceedings while they continue to live abroad.
The extent to which a matter can be handled remotely depends on the type of proceedings and whether the client’s personal attendance is required at any particular stage. Where appropriate, representation can also be arranged through a power of attorney and, where required, a procurador.
I communicate directly with international clients in English and keep them informed of the procedural developments and decisions affecting their case.
DISCUSS YOUR LEGAL DISPUTE DIRECTLY WITH AN ENGLISH-SPEAKING LAWYER
If you are involved in legal proceedings in Spain, have received a claim or official notification, are facing a criminal investigation, or need to assess whether legal action should be taken, you can discuss your circumstances directly with me.
I provide strategic legal advice and representation before the Spanish Courts in civil, criminal, employment and administrative matters. International clients deal directly with me throughout their case and receive clear legal guidance in English at every stage of the proceedings.
Consultations are available in English at my Málaga office (by appointment only) and by video consultation.
I am Raquel Yepes, an English-speaking lawyer with more than 30 years of litigation experience in Spain and a member of the Málaga Bar Association (Member no. 2980).
Independent legal advice and court representation for international clients.
Consultation fee applies.
