Spanish law advise

Our legal services support businesses in all branches of law: Commercial, Procedural, Employment, Insolvency, Real Estate, New Technologies, Legal Contracts, Data Protection, Industrial Property, Legal Representation amongst others.

Henry Towers aims to be your partner in Spain (Madrid and Barcelona), providing you with everything you need for your business to succeed. We aim to advise and defend you and your company’s interests in all areas of business law. We are delighted to take care of you and we will make it as simple as possible. We will provide you the best legal assistance to manage your company in Spain without any problem.

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Methodology

1

Analysis

  • Information
  • Processing

2

Execution

  • Processing
  • Requirements

3

Report

  • Status
  • Validating

Each law practice has specifics within the process, but at Henry Towers we want to make it easy for you. Our process is designed to gather a full comprehensive understanding of the business and the litigation or procedure, in order to design a plan for your review and approval and keep you informed of the improvements and success of the process.

Information gathering and context understanding about Legal Help

Our team will be working with you and your team to understand the business context and all other necessary information, so we can properly assess the strategic alternatives and recommendations for you and your business. Getting a comprehensive understanding is critical in order to coordinate with our colleagues from different divisions who may also need to be involved.

Execution process of Law Advise

Henry Towers experienced lawyers will carry out all the necessary steps to execute the agreed strategy, in order to achieve the expected results. We aim to remove as many distractions as possible for you so that you can concentrate on your business. In coordination with any other division that may need to be involved (Tax, Finance, HR, IT …) we will delivering the results you expect and defend your and your business’ interests, so that your business is safe and compliant.

Law Advise Report

We will agree with you how often you would like us to inform you and your team about the progress made on the assignment, and elaborate a final report at the end of our service.

The purpose of the special employment relationship that is regulated in this Royal Decree is the provision of professional activity as a lawyer in law firms.

  1. They may be subject to the employment relationship of a special nature that is regulated in this royal decree, as a worker, who, according to the regulations that result from application, are entitled to practice the profession of lawyer.
  2. They may be subject to the employment relationship of a special nature that is regulated in this Royal Decree. The purpose of the special employment relationship that is regulated in this Royal Decree is the provision of professional activity as a lawyer in law firms.
  3. They may be subject to the employment relationship of a special nature that is regulated in this royal decree, as a worker, who, according to the regulations that result from application, are entitled to practice the profession of lawyer.
  4. They may be subject to the employment relationship of a special nature that is regulated in this Royal Decree, as employers, who are owners of law firms, both individual and collective.
  5. For the purposes of the previous section, lawyers will be considered multi-professional law firms that include among the professional services offered to their clients, those corresponding to the professional practice of advocacy, provided that the conditions established for this form of exercising the profession of lawyers in the norms that regulate these.

Lawyers, as employees in the special employment relationship governed by this royal decree, shall have the rights set forth in articles 4.1 and 2 of the Law of the Workers' Statute, with the content and scope, for each of them, are established in this standard.

In addition to the aforementioned rights, the lawyers will have, in the employment relationship agreed with the firms, the following:

  1. To be able to act, at all times, in accordance with the principles, values, obligations and responsibilities imposed on them by the rules that govern the legal profession, including ethics and deontology.
  2. To receive during the employment relationship the necessary training to maintain an adequate level of technical and professional development, in the terms provided in this royal decree, collective bargaining agreement or employment contract.
  3. To participate in teaching and research activities that benefit the firm, in the terms that are agreed in the applicable collective agreements or in the employment contract that is signed.
  4. To advise and defend spouses and other blood relatives (up to a second degree), and if appropriate by adoption, without prejudice to the exclusivity regime that is established.

Lawyers, in the exercise of their professional activity, assume the following duties with respect to the offices:

  1. To fulfill the obligations inherent to the professional services required by the profession of lawyer, in accordance with the rules of good faith and with the diligence required in the rules that govern this profession.
  2. To fulfill the obligations imposed on workers in the regulations for the prevention of occupational hazards and to observe the preventive measures adopted to protect their own health and safety at work and that of other persons that may be affected by their professional activity.
  3. To comply with the orders and instructions of the owner of the firm, unless they contravene the principles and values ​​of the legal profession or the obligations imposed on lawyers by the rules that govern the profession.
  4. Not to contend professionally with the activity of the firm, in the terms foreseen in this royal decree, in the collective agreement or in the contract.
  5. To contribute to the improvement of the operation of the firm by improving the quality of the services provided.
  6. To complete and improve their professional education and training following the guidelines of the head of the firm.

Lawyers have the following constraints, the violation of which is disciplinarily punishable:

  1. Practice law being affected by any incompatibility or provide a signature for anybody who, for whatever reason, cannot practice law.
  2. Share incompatible local or professional services if it would affect the safeguarding of professional secrecy.
  3. To maintain associative links of a professional nature that prevent the proper exercise of the Advocacy, based in this regard on the provisions of this Statute and particularly on Article. 22. 3.

The practice of law is incompatible with any activity likely to involve contempt for freedom, independence, and dignity. Also, the lawyer must refrain from any other activity that is incompatible with the proper practice of law, preventing the proper respect of the principles contained in this Statute, by assuming a conflict of interest.

Likewise, the practice of law is absolutely incompatible with:

  1. The performance on any account, positions, functions or jobs in any government, whether state, regional, local or institutional, whose own rules govern this position.
  2. The exercise of the profession of attorney, Social Graduate, Business Agent, Administrative Manager, or any other whose own rules govern this position.
  3. Maintaining links with professionals or professional positions incompatible with the Law that prevent the proper exercise thereof.

In any case, for current clients or those who had been clients during the three preceding three years, the lawyer may not perform auditing activities or any others that are incompatible with the proper practice of law. This shall not be deemed incompatible if the rendering of such services was performed by different legal entities and with different management advice.ee, as employers, who are owners of law firms, both individual and collective.

For the purposes of the previous section, lawyers will be considered multi-professional law firms that include among the professional services offered to their clients, those corresponding to the professional practice of advocacy, provided that the conditions established for this form of exercising the profession of lawyers in the norms that regulate these.

Who can get legal advice?

We focus on giving legal advice to companies who need to defend their business and interest using the law.

We don't give legal advice about personal issues unless are related to the business.

Should I use an attorney to form a corporation?

The primary reason to have a corporation is to protect your personal assets, our lawyers will ensure you keep your business compliance and yourself save from any dispute that might occur over time so you don’t get sued.  

What areas is Henry Towers covering?

We are a boutique law firm that pretend to adjust to our client needs. Although our main focus is on few law practices we know what our priority is, our clients. Henry Towers legal services:

  • Litigation – Dispute resolution and litigations of commercial and civil law.
  • Bankruptcy/Insolvency law – Preventing advice from a legal, fiscal and labour perspective. Feasibility plans.
  • Commercial law – Help our clients to develop a resolve commercial solutions and disputes.
  • Labour & Employment law – Full coverage in all key labour and employment areas.
  • Financial – Beyond tax consideration and compliance we defend your interest if required at the court.
  • Public law – We support you on dealing with public law entities, advisory and litigation support.

How does a power of attorney work in Spain?

A power of attorney grants the authorized officer to act as your legal representative with full efficacy within the area of powers granted. The efficacy is such that, even though the power of attorney has been revoked, unless the deed granting power of attorney is not withdrawn, the authorized officer can continue to act. For this reason it is important to define specifically the powers granted and find out about their respective effects.

Can I get a power of attorney that is valid for Spain from outside Spain?

Yes, as far as it is validated by a Spanish notary in Spain, the Spanish Embassy, or by Spanish notaries outside of Spain.

What is The Hague Apostille?

The Hague Apostille allows a public document from one country to be recognized as a valid document in another country, among countries that have signed The Hague Agreement.

Can court judgements be appealed?

Yes they can, Spanish civil and commercial jurisdiction declares that there is a right of appeal for cases over 3000€. There may be a further extraordinary appeal to the Supreme Court on cases over 600,000€.

How long do a judicial process take in Spain?

In normal circumstances Spanish courts are overloaded. Normally getting a judgment in the first instance may take about a year. If there is an appeal, the matter can be delayed much longer.

Tax Division Manager
Tax Division Manager

We always emphasize that we want to understand your business background and context, certainly for our Tax practice it is crucial. We commit to keep you safe and compliant while we maximize the benefits from your business

Tax Division Manager at Henry Towers