client
In case of conflict between client and member
Deontological complaints due to the professional activity of members of professional associations and societies
The main purpose of the Madrid Bar Association is to organise the practice of the profession and to protect the interests of the clients of lawyers and professional societies. To this end, it has the power of deontological control and the application of the disciplinary regime.
The professional conduct of lawyers is governed by the General Statute of the Spanish Bar (R.D. 658/2001), and by the Code of Ethic of the Spanish Bar and the Code of the Bar of the European Union. Articles 80 to 93 of the General Statute for Spanish Lawyers specifically regulate disciplinary responsibility.
Professional societies are governed by Law 2/2007, modified by Law 25/2009, which establishes that the professional society and the professionals acting within it shall practice law in accordance with the deontological and disciplinary regime specific to the profession.
The Madrid Bar Association is competent to deal with professional actions carried out in its territorial area, which includes the entire territory of the Community of Madrid, except for the territory that legally corresponds to the Alcalá de Henares Bar Association.
If you believe that any action by a lawyer has violated the rules of professional conduct, you may file a complaint which will be duly processed and resolved, by attaching the standard complaint form (Click here to download standard complaint form).
Complaints may be filed:
- Personally, with the Registry of the Madrid Bar Association, located at C/ Serrano 11, planta baja, 28001 Madrid.
- By post, addressed to the Professional Deontology Dept. of the Madrid Bar Association, C/ Serrano 11, planta baja, 28001 Madrid.
- By email, to the following address: deontologia@icam.es.
The competent body for the exercise of such powers is the Governing Board, and it is exercised in accordance with Law of 39/15 of 1 October on the Common Administrative Procedure of Public Administrations and the Regulations for the Exercise of Sanctioning Powers by the Administration of the Autonomous Community of Madrid (Decree of the Governing Council of the Community of Madrid 245/2000 of 16 November).
The resolutions of the Governing Board may be appealed, where appropriate, by the complainants, by appeal to the Council of Bars and Law Societies of the Region of Madrid. The appeal may be lodged either with the said Council or with this Bar Association by means of a written reasoned submission within one month of receipt of the Governing Body’s resolution, in accordance with the provisions of Article 21.1 of the Law on Professional Associations of the Autonomous Community of Madrid, in accordance with Articles 121 and 122 of Law 39/15 of 1 October on Common Administrative Procedure for Public Administrations.
The resolution of the Council of Bars and Law Societies of the Community of Madrid puts an end to the administrative procedure.
An Administrative Judicial appeal may be lodged with the Administrative Courts of Madrid against the decisions of the Council of the Bar Associations of the Community of Madrid.
Civil liability
Lawyers and professional societies commit themselves to their clients to carry out assignments with due diligence and in accordance with the rules of the profession and their contractual obligations.
Where, by malice or negligence, they damage the interests entrusted to their defence, they may be held liable before the civil courts.
The members of the Madrid Bar Association have civil liability insurance taken out by the Association which covers up to 18,000 euros for possible claims arising from the exercise of the profession. Furthermore, the lawyer must have his professional liability covered, with his own means or with insurance, in an amount appropriate to the risks he assumes with his actions.
Where, by malice or negligence, they damage the interests entrusted to their defence, they may be held liable before the civil courts.
The members of the Madrid Bar Association have civil liability insurance taken out by the Association which covers up to 18,000 euros for possible claims arising from the exercise of the profession. Furthermore, the lawyer must have his professional liability covered, with his own means or with insurance, in an amount appropriate to the risks he assumes with his actions.
Professional societies must also have an insurance policy that covers the liability that they may incur in the exercise of the activity or activities that constitute the corporate purpose.
The Madrid Bar Association has taken out a basic civil liability policy that provides coverage for financial damage caused by negligent errors committed by its practising lawyers. The policy does not cover moral damages.
The amount covered is a maximum of 18,000 euros with an excess of 1,000 euros for current claims.
Practising lawyers, on a voluntary basis, and professional societies, on a mandatory basis, can have on an extension of coverage above 18,000 euros.
This information is not public and is not on file with ICAM, so we cannot provide it.
Those who consider that they have suffered a pecuniary loss as a result of the actions of a lawyer may file a statement of claim and send it to:
Contact AON Affinity
Professional Associations Consultancy
C/ Rosario Pino, 14 y 16 – 9ª Planta
28020 Madrid
e-mail: madasesoria@aon.es
ICAM Contact
| Location | C/Serrano, 9 – 1ª planta |
| responsabilidad@icam.es | |
| Phone | 917 88 93 80 (Ext. 1945) |
consumer
In case of conflict between consumer or user and the Association
The Governing Board is the governing body of the Association and, therefore, is competent to resolve any complaint from a consumer or user in relation to the operation of the Association.
Their agreements may be made in the exercise of public functions or in the exercise of private functions.
In the first case, the agreements are subject to Administrative Law and may be appealed before the Council of the Bar Association of the Community of Madrid, in appeal. The appeal may be lodged either with the said Council or with this Bar Association by means of a written reasoned submission within one month of receipt of the Governing Body’s resolution, in accordance with the provisions of Article 21.1 of the Law on Professional Associations of the Autonomous Community of Madrid, in accordance with Articles 114 and 115 of Law de 30/92 of 26 November on the Legal Regime of the Public Administrations. The resolution of the Council of Bars and Law Societies of the Community of Madrid puts an end to the administrative procedure. An Administrative Litigation appeal may be lodged with the Administrative Courts of Madrid against the decisions of the Council of the Bar Associations of the Community of Madrid.
The remaining acts and agreements adopted by the bodies of the Association, dictated in the exercise of private functions, shall be directly challengeable before the Courts and Tribunals, in the jurisdiction corresponding to their nature.
To make a claim or complaint regarding the operation of the Association, you must submit it in writing, clearly stating as much information as possible:
- Department or service related to the claim.
- Detailed description of the cause of the claim.
- Date and time of the incident, whenever possible.
You must also provide all documentation that supports or illustrates the claim, if applicable.
The claim can be filed:
- Personally, in the Registry of the Association (Serrano 11, Monday to Friday 8 am to 3 pm).
- Through the internet, if you have a signature certificate from the Electronic DNI ID or the FNMT, by clicking on the following link.