No Win No Fee. Cuota Litis

Commonly known as ‘no win no fee’, the correct terminology is a contingency or conditional fee agreement. The equivalent in Spanish is known as ‘Cuota Litis’. When agreeing to this this type of contract, the client should clearly understand the type of agreement that he is entering into before signing the engagement letter.

It was not until 2008 when a court case set a precedent for lawyers in Spain to be able to offer their clients their services on a ‘no win no fee’ basis. Before this date it was absolutely prohibited by the Colegio de Abogados for lawyers to enter into this form of agreement and is now being recognised by lawyers who will usually offer this fee condition only when they are confident of the outcome. (Please note that the lawyer will be paying court costs and barristers fees and consider his and the time of his staff.) There are some facts that a client should take into consideration when entering into this type of legal agreement. Many clients are confused when reading the contract and note that if they lose the case or if the other side is not sentenced to pay court cost and or other fees, that the client could be liable.

This contingency fee agreement means that you enter into an agreement with the lawyer who takes on your case on the condition that; if you lose you should pay the costs. The lawyer takes the risk that he will not be paid and will almost always have covered the court costs and the attorney fees. To date I am not aware if there is an insurance in Spain that a client could take out to cover this eventuality as there is in the UK.

Fees will normally be gaged on a percentage of what you recover. Remember that you are also paying for the lawyers success and the fact that he/she will be using their money to pay any costs in advance. There could also be a team of of lawyers involved and their time is also money. Spanish lawyers do not enter into to this type of pact lightly.

If you are entering into a conditional fee arrangement and you need advise or clarification you can contact Citizens Advice Bureau Spain.


Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

How Can Citizens Advice Bureau Spain Benefit You?

As an expatriate living in Spain; do you find that the Spanish bureaucratic system can be disconcerting? Have you discovered that the simplest of transactions are difficult to conclude? Find yourself searching for answers to problems only to discover that there is nowhere where you could find a solution? I am assuming that the answer is yes and that is why should be a member of our web site if you arent already.
citizens advice spain


We use our own and third-party cookies to prepare statistical information through the analysis of your browsing, in accordance with our cookies policy. If you continue browsing, you accept its use.
view CAB cookie policy

Utilizamos cookies propias y de terceros para elaborar información estadística y mostrarte publicidad personalizada a través del análisis de tu navegación, conforme nuestra política de cookies. Si continúas navegando, aceptas su uso.
ver política de cookies de CAB

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.