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The continuance of trials/hearings in Spanish Courts of Law if the Lawyer is on a sick leave

Updated: Jun 14, 2022

Lately, requests for suspension (the so called continuance in USA Law) or postponement of trials by lawyers who are on sick leave are being denied by Courts and this is something that we are going to briefly analyze.

Let us first of all bear in mind in this regard that postponing a court hearing due to the impossibility of the lawyer to attend is not a gesture of sensitivity or empathy, but is based on absolute respect for the right of the citizen to have a fair trial, to be defended by the person he appointed, who knows the matter and can do it in better conditions than any substitute.

In the above sense, it must be avoided at all costs that the court or tribunal, under the excuse of the relevance of avoiding delays, undermines the right of the party to be defended by the professional they have hired and they do trust.

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