Power of attorney for litigation

In the case that concerns us, the power of attorney for legal proceedings can be defined as a notarial act or document by which one or more solicitors and lawyers are appointed to represent us in judicial proceedings when our rights or interests have been violated. They would act representing and defending us in our name, receiving communications, submitting documentation, and attending various judicial acts.

In this type of power of attorney, the solicitors or lawyers appear in Court for the judicial procedure. Among the different actions they may carry out, we distinguish, among others, labour, criminal, civil acts, actions against the Administration (administrative litigation), or commercial matters. The representatives of the principals, whether lawyers or solicitors, must defend their clients in the Courts of Justice.

Among the benefits that the principal finds in the use of this power of attorney are both time and resource savings in the representation of acts as well as in the preparation of legal documents or claims, delegating to a legal expert in complex acts and proceedings. The lawyer and solicitor are legal professions expert in laws and the legal system who act advising and defending the rights and interests of citizens. Each client may hire a lawyer privately, but it will be important to ensure that they specialise in the type of litigation they wish to process. This way, they can grant them the power and confer the necessary authority or faculties so that they act on their behalf for the protection of their image and finances.

Whoever receives the power of attorney for legal proceedings must act in good faith on behalf of their principal and avoid negligence or incorrect actions that favour their personal ends. The loss of trust in a lawyer or solicitor in the litigation process could lead to a power of attorney revocation deed to annul the previously granted powers.

The power of attorney for lawsuits can be granted for a specific lawsuit, but it is most common for it to be granted for all lawsuits that may affect a principal. Additionally, the deed may include powers of representation in public entities or notarial appearances.

The law determines the judicial processes in which lawyers and solicitors must necessarily attend or in which the principals must appear. Likewise, the power of attorney for lawsuits implies the representation of the lawyer or solicitor throughout the entire judicial procedure, that is, for all phases or instances, both to initiate the procedure, as well as for subsequent phases of enforcement, appeals, and acceptance of compensation, and until a final judgment is issued.

When you want to process a power of attorney for litigation, one of the most frequently asked questions by our clients is when it is considered to have ended. The duration of the power of attorney for litigation will depend on the type of power of attorney for litigation that has been granted. Thus, we can differentiate:

• The general and ordinary power of attorney for litigation: In this case, the representative's solicitor or lawyer can be present in any legal claim, without being limited by time or case, therefore this power of attorney for litigation has an indefinite duration.
• The special power of attorney for litigation: Through this type of authorisation, a lawyer, solicitor, or social graduate is legally empowered exclusively for a specific matter. In this case, the power will last as long as the procedure lasts.

The general power of attorney for litigation is ideal in commercial cases, when a company may face different litigations and grants power to legal professionals to manage its affairs.

However, both types of power of attorney can be revoked at any time to render them ineffective. It should be borne in mind that it is not common to revoke the power of attorney for litigation since once the procedure has ended, even if it was granted generally, it cannot be used unless there is another case, and if other lawyers or solicitors are hired, the previous ones cannot make use of it, especially if they are not going to charge their fees for work that is not their responsibility.

Once the Notary has ensured that the parties involved are aware of the responsibility conferred upon the procurator, lawyer, and social graduate, the power of attorney deed for litigation will be drawn up, granting them the powers of judicial representation, and the deed will be authorised. The drafted deed must contain information relating to procurators and lawyers, as well as the powers and procedural actions granted by the grantor.

You may go to the Notary you have selected for the signing. Remember that you have free choice when selecting one. At the time of signing, it will not be necessary for other professionals to accompany you or attend the act, as only the person granting the power signs it.

The Notary is a legal professional with legal powers to authenticate documents and legal acts and ensures the legal validity of transactions. Their seal and signature provide legal security to transactions and protect the interests of the parties involved.

Finally, it should be noted that an authentic copy will be drawn up in the power of attorney for litigation so that the procurators and/or lawyers can prove their representation in judicial acts and initiate judicial proceedings.

As we have already highlighted, in the event of loss of trust in these professionals, the power of attorney for litigation granted may always be revoked at any time.

To obtain the power of attorney for litigation, one must go to a Notary, who will prepare a public deed to grant representation and authorisation so that a lawyer or solicitor, or a group of them, can act on your behalf in judicial proceedings.

It will be important for the grantor to inform the Notary why and for what purpose they need to execute a power of attorney for litigation. We will advise you impartially, offering the best solutions to the situation, always ensuring that they are within the context of legality. In the case of granting power of attorney for litigation, we will advise you of the risks involved, how to mitigate them, and we will explain the possible conflicts of interest that may arise.

For this purpose, we will distinguish between the signing of a power of attorney for litigation by individuals and the documentation to be submitted by companies at a notary’s office.

The following documentation will be required for individuals:

• Original valid identification document (if foreign, tax identification must be provided, which is on the residence card or NIE). The grantor must be of legal age and have full mental capacity. If a minor, the legal representative may grant the power of attorney for litigation.
• Submission of documentation listing the lawyers and court representatives (name, surname and professional association).

In the case of commercial companies, the following must be provided:

• DNI, NIE, passport or residence card of the company’s representative (grantor). The identification document must always be valid. In addition, the grantor must be of legal age and have full mental capacity.
• Deed of appointment of administrator where the grantor appears as the company’s administrator and an authentic copy of the deed of incorporation of the company. However, these documents can be replaced by commercial information extracted at the Notary from the Mercantile Registry.
• Real ownership certificate (notarial deed identifying the partners who hold 25% or more of the company’s share capital).
• Specific details of the lawyers and court representatives (name, surname, professional association).

If it is a foreign company, at the time the power of attorney for litigation is to be granted, the company’s documentation will need to be translated and apostilled, the official certificate of the company’s registration in the registry, Spanish NIF and NIE or passport of the representative.

In powers of attorney for litigation, although the client deals with, trusts, or hires a single lawyer, it is very common for the power of attorney to be granted to all the lawyers who are part of the same law firm, even if the client does not know them. Why is this done? Well, in case the "principal" lawyer cannot represent the client at a given moment for any reason, the other colleagues in the firm can do so without the need to grant a new power of attorney.

The same happens with procurators, where it is usual to appoint several. But in the case of procurators, this is done not only to be substituted by a colleague, but it is common to appoint procurators from different regions and judicial districts to have authorised procurators in case of appealing to higher courts. For example, it is very common to appoint procurators from the capital of the Province, from the Autonomous Community, and from Madrid, to file possible subsequent appeals before judicial bodies of the Administration of Justice, such as the Provincial Courts, the High Courts of Justice, or the Supreme and Constitutional Courts, respectively.

On the other hand, if you do not know the procurators appointed in the power of attorney, you should know that it is usual to appoint those with whom the lawyers work and trust.

Finally, it is possible to establish in the power of attorney for litigation a substitution and sub-authorisation clause, even if several lawyers or procurators have been appointed, to allow them to grant the same power of attorney to a third lawyer or procurator, not designated in the power of attorney, to perform some of their functions, in case this is necessary.

Next, we will provide information on how to apply for the power of attorney for litigation and how the process is carried out step by step, along with answers to frequently asked questions related to this procedure.

Notaries, such as JLA Notarios, offer the possibility of processing notarial services online which allow for increased efficiency in management and greater convenience in the procedure for the client, with the corresponding time savings. In our case, as a technologically advanced online notary, we can process the granting of a power of attorney for litigation online through authorisation by videoconference, offering considerable advantages in commercial notarial acts.

Contact us to grant the telematic power of attorney for litigation from any location in Spain! You will receive a personalised, comfortable and efficient notarial service.

The granting of powers of attorney is one of the most economical procedures that can be carried out at a notary's office. Its price is calculated in relation to the Notarial Fee Schedule, the number of pages, and the authorised and simple copies that must be processed. It is important to know that the price can also be increased by the number of lawyers, solicitors, or social graduates.

The price of notarial acts is regulated by the Government and complies with the regulatory legislation of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).

However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary. The number of copies requested of a document, the pages it contains, the number of grantors and attorneys-in-fact, as well as possible changes or additions, can slightly vary the final price. Also, if the power of attorney is granted by a company, there are some extra procedures required that slightly increase the final cost.

If you wish to receive a detailed quote, we invite you to contact us directly through the method that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com, or by calling us at 93 159 17 62.

As a guideline, we can inform you that, according to the current regulatory legislation, the usual price for formalising a power of attorney for litigation by an individual is between 65 and 95 euros, including VAT. The cost of a litigation power of attorney granted by a company is usually between 75 and 110 euros.

This indicative price is calculated for a document of usual content (up to 8 pages) and with the issuance of a single authorised copy for the client and another electronic copy.