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A
procurador is not a lawyer. Not an attorney or a legal counsel. Notwithstanding
that, it is mandatory for a Procurador to hold a Law degree.
A
procurador must join their own Bar Association (Colegio de Procuradores - official
public association) in order to be fully qualified.
But what is
a Procurador if not a Lawyer? Well, a lawyer does not represent you in Court,
the Procurador does. “To represent”, here, has the strict meaning of acting in
your stead. The lawyer, in Court, acts only as counsel, an advisor. Therefore,
in many proceedings in Spain it is mandatory to appoint a Procurador, which
must hold powers of representation, in order to act in his client’s stead and be
able to gather and submit all documents provided from and to the Court.
There is no
translation that accurately describes the position: a procurador is neither a Court
clerk, nor a paralegal, nor a solicitor. Procuradores (plural) do not provide
legal advice and do not work for the Courts. They are hired by the clients and
act as agents on their behalf, except in those acts wherein the Client must
personally attend -and/or be notified- (e.g. Court appearance). However, even
in these cases, the Procurador gets notice as well, so that the Lawyer has
punctual information.
One might
think this figure is unnecessary, but its role is so well defined and practiced
that, in reality, it saves costs to the Clients. Without Procurador, client would
have to go personally every time, or his Lawyer would need to hire a paralegal
to assume many of the tasks that, otherwise, would be billable by the attorney:
courier, filing, scheduling, stamping, etc.
Since
Procuradores spend all their working time at Court offices and are shared by
all lawyers (and their prices are standardized), their cost is much lower int
the end, and it is much easier for attorneys to deal with and through them.
Bear into
account that minor proceedings, such as misdemeanours (criminal Courts) or
Juicios Verbales up to a certain amount do not require hiring a Procurador
mandatorily.
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