What is a "Procurador" in Spanish Law?
Updated: Aug 17, 2021
The origin of this important role in Spanish Law goes back to ancient Rome, where the figure of the first "Procurador", let's translate it as Procurator from now on, appears (for practical reasons) as the representative of the litigant when, due to proven and justified circumstances, she/he could not appear in the procedure. Later, in the Middle Ages, this figure evolved into the "PERSONERO" of the "PARTIDAS" of Alfonso X the Wise (12th century).
In essence, the Procurator, practically since the 18th century, is a mandatory figure in certain legal proceedings in Spain, being in charge of receiving notifications from the Court intended for the Client, as well as for presenting documentation on behalf of the latter. Therefore, she/he has the capacity to represent the Client, but does not intervene before the Court as a Lawyer does.
The Procurator can be defined as THE PROCEDURAL REPRESENTATIVE and has basically the following functions:
To Follow the process, being aware of all the steps at the Courts and keeping the Client and her/his Lawyer informed.
To Take responsibility for all procedures, receiving and signing the reception of the summons, notifications, etc.
To Attend all the proceedings and necessary acts of the judicial process. All this on behalf of and in favor of her/his client, transmitting all the documents and instructions that come into her/his hands.
To Pay the expenses that are generated at the request of the Client providing a documented account of them.