abogado procesalista

What is a litigation lawyer and when do you need one?

In the legal field, not all lawyers specialise in the same thing. Some are dedicated to drafting contracts, others to resolving labour or tax disputes, but when it comes to representing individuals or companies before a judge, it is necessary to have a litigation lawyer.

From BUFET GÓMEZ FERRÉ, litigation lawyers in Barcelona, we explain in this article what functions we have as professionals, in which situations we are necessary and how to choose the most suitable one, especially if you operate from Barcelona.

What is a litigation lawyer?

A litigation lawyer is a legal professional specialising in the technical management of legal proceedings. Our main function is to represent clients during a trial, ensuring that all the legal guarantees of the process are complied with.

In many cases, especially in the business environment, having lawyers specialised in litigation law can be helpful in defending interests in complex litigation.

What is Procedural Law?

Procedural Law in Spain is a branch of law that regulates the set of rules that determine how legal proceedings should be carried out. In other words, it establishes the rules of the game for resolving a legal conflict before the courts. Thanks to this discipline, it ensures that all parties involved in a trial have the same opportunities to defend their position.

1. What does a trial lawyer do?

When we talk about what a litigation lawyer does, we mean all the tasks necessary to defend a client in court:

  • Drafting and presenting claims, appeals or pleadings.

  • Analyse the most appropriate procedural strategy for each case.

  • Representing the client at oral hearings, hearings and trials.

  • To push the procedure forward in order to avoid undue delay.

  • Coordinate with other legal professionals (notaries, solicitors, experts, etc.).

In short, our functions as a procedural lawyer are essential when you are involved in legal proceedings, whether civil, commercial, criminal, labour or contentious-administrative.

2. Cases in which you need a litigation lawyer

Not all legal disputes end up in court, but when they do, having a litigation lawyer in Barcelona is more than advisable. Our specialised legal profile not only has in-depth knowledge of substantive law, but also of procedural strategy, deadlines, procedural rules and court dynamics. These are some examples of common situations where a litigation lawyer is essential:

  • Disputes between partners in a company or commercial disputes.
  • Breach of commercial contracts.
  • Claims for unpaid amounts from customers or suppliers.
  • Challenging corporate resolutions.
  • Foreclosures or bankruptcy proceedings.
  • Disputes between private individuals, such as inheritance disputes, lease disputes, liability claims, etc. (→ See more about Civil Law)

In addition, many procedures in the field of commercial and corporate law necessarily require a lawyer with a proceduralist profile, who understands both the substantive issues and the particularities of the process (more information in our section on Commercial and Corporate Law).

In all these cases, the success of the legal proceedings will depend to a large extent on the technical preparation, legal argumentation and procedural experience of the lawyer representing you.

3. How to choose a good litigation lawyer in Barcelona?

If you need to hire a good litigation lawyer, we recommend that you consider the following factors:

  • Expertise: Make sure the practitioner has specific training in litigation law and real experience in the type of proceedings you are facing. Not all lawyers are proficient in this area, and in litigation, having a specialist makes all the difference.

  • Court experience: It is important that you have courtroom fluency and are familiar with the workings of the courts. Theoretical knowledge is important, but practical experience and knowledge of current case law can be crucial.

  • Sectoral knowledge: If you are dealing with a commercial or business dispute, ideally you want a team that understands the logic of commercial relationships and how operations are structured in your sector.

  • Location: Choosing a litigation lawyer in Barcelona, if your company is located in the city, can facilitate the management of the procedure. Many firms based in Barcelona (such as BUFET GÓMEZ FERRÉ) also work nationally and internationally, especially in globalised business environments.

  • Personalised treatment: Beyond the technical aspects, trust and communication are essential. Choose a lawyer who is involved in your case, who listens and offers you close support throughout the process.

Frequently Asked Questions

A lawyer will be obligatory in most court proceedings, except in small claims or certain order for payment proceedings. In any case, even when it is not mandatory, it is highly advisable to have a professional lawyer.

The trial lawyer deals with the technical and strategic part of the trial, while other lawyers may focus more on extrajudicial work (consultancy, drafting contracts, etc.).

He specialises in procedural law and the handling of legal proceedings at all stages: claim, defence, evidence, oral hearing, appeals, enforcement of judgments, etc.

Free lawyer consultation – Procedural lawyers in Barcelona

At BUFET GÓMEZ FERRÉ, we have a team of litigation lawyers in Barcelona with extensive experience in business, civil and commercial litigation, of which we can guarantee you:

  • Strategy adapted to each stage of the trial: We design a customised legal strategy for each stage of the proceedings.
  • Courtroom experience and tactical vision: We have first-hand knowledge of the workings of the courts and tribunals in Catalonia, so we can anticipate the movements of the opposing party and adapt our defence quickly.
  • Effective resolution of complex disputes: We specialise in defending companies, individuals and professionals with highly complex technical or economic disputes. We master both the legal content of the conflict and its procedural dimension.
  • Results-based model – we charge on the success of the claim: This model demonstrates our commitment to the client and drives us to fight with maximum involvement to obtain a favourable outcome thanks to our service vocation and minimum cost policy for the client (→ See more in Working method)

If you are looking for a litigation lawyer in Barcelona to advise you with solvency and strategy, you can request your first free consultation with our firm. We will help you to assess your case and explain the steps to follow to protect your rights with all the legal guarantees.

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