My Spanish Solicitor Overcharged Me: What Can I Do?

If you believe a Spanish lawyer has charged you more than was reasonable for the work done, Spanish law gives you a formal route to challenge it — not just an informal complaint.

The formal route: challenging excessive fees

Spain’s Civil Procedure Law (LEC) provides a specific mechanism, under Article 246, for formally challenging a lawyer’s fees as excessive. In broad terms: you challenge the amount, the lawyer has a short period to respond, and if no agreed reduction is reached, the matter is referred to the Bar Association (Colegio de Abogados) for a reasoned opinion on whether the fee was reasonable. A court official then issues a decision maintaining or modifying the fee, based on that opinion.

Why the engagement letter matters so much

A clear, signed engagement letter (hoja de encargo) setting out the fee basis before work begins is the single biggest factor in avoiding this situation altogether. Its absence does not prevent a challenge, but it makes the dispute harder to resolve cleanly, since there is no agreed reference point for what was actually promised.

Where to start

Before any formal procedure, request an itemised written breakdown of the fee and compare it against whatever engagement letter, fee estimate, or written agreement you were given before instructing the lawyer. Many disputes are resolved at this stage, without needing the formal Article 246 procedure at all. If you are comparing quotes rather than challenging one, how much an immigration lawyer costs in Spain sets out the usual ranges.

If it cannot be resolved directly

The Bar Association your lawyer belongs to is the next step — it can offer mediation between client and lawyer, and if that does not resolve it, its formal opinion feeds into the Article 246 procedure described above.

Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es if you believe a Spanish legal fee you were charged was excessive.

Frequently Asked Questions

What can I do if I think my Spanish lawyer’s fees are excessive?

Spanish law has a formal procedure for this: challenging the fees as excessive (impugnación de honorarios por excesivos) under Article 246 of the Civil Procedure Law (LEC), which can ultimately involve the Bar Association (Colegio de Abogados) giving an opinion on whether the amount charged was reasonable.

How does the fee-challenge procedure actually work?

You formally challenge the amount; the lawyer is given a short period to respond; if the reduction you propose is not accepted, the matter goes to the Bar Association for an opinion, and a court official then issues a decision maintaining or modifying the fee.

Does having a signed engagement letter change anything?

Yes — a clear, signed engagement letter (hoja de encargo) setting out the fee basis in advance is exactly what prevents these disputes, and its absence tends to make a fee challenge harder to resolve cleanly for either side.

Can the Bar Association itself resolve the dispute, without going to court?

The Bar Association’s role is typically to give a reasoned opinion on whether the fee was reasonable, which then feeds into a court official’s formal decision — mediation through the Bar Association is also generally available before that stage.

What should I do first if I think I’ve been overcharged?

Request an itemised breakdown of the fee in writing and check it against any engagement letter or fee estimate you were given before instructing — this is the starting point before any formal challenge.