Someone using an aggressive lawyer to make threats or engage in illegal behaviour in Spain — can be serious. While lawyers are supposed to advocate for their clients, there are limits: legal ethics, criminal law, and civil protections. Here’s a detailed breakdown:
1. What counts as illegal or abusive behaviour through a lawyer
- Threats or intimidation: If the lawyer threatens you personally, this may be criminal harassment, coercion, or intimidation (
coaccionesin Spanish law). - False claims or forged documents: Submitting false evidence or misrepresenting facts can be fraud or perjury(
fraude procesal). - Violating restraining orders or protection measures: Using legal threats to bypass existing protection can be criminal.
- Harassment through legal proceedings: Repeatedly filing abusive claims or letters purely to intimidate can be misuse of judicial process.
⚠ Important: The law distinguishes aggressive legal strategy (arguing strongly in court) from illegal intimidation or threats. Only the latter is punishable.
2. How Spain protects you
- Civil courts and criminal courts
- You can report criminal behaviour (threats, coercion, harassment) to the Policía Nacional, Guardia Civil, or Fiscalía (Public Prosecutor).
- Courts can sanction abusive lawyers under criminal law or procedural rules.
- Lawyer ethics and oversight
- Spanish lawyers are regulated by Colegio de Abogados (Bar Association).
- Misconduct — threats, fraud, harassment — can be reported to the Bar for investigation. Possible outcomes: warnings, suspension, or expulsion.
- Protective measures
- Restraining orders or protective measures can include lawyers or third parties if they participate in harassment.
- Courts can order sanctions for procedural abuse (
temeridad procesal).
3. Practical steps if you face this
- Document everything
- Save emails, letters, WhatsApp messages, phone calls, or court filings that show threats or illegal behaviour.
- Note dates, times, and witnesses.
- Contact your lawyer
- Make sure your lawyer knows exactly what’s happening. They can help object formally in court and advise on protective measures.
- Report criminal conduct
- If threats are involved, go to Policía Nacional or Guardia Civil and file a complaint (
denuncia). - If it’s procedural abuse, your lawyer can raise it with the judge or court.
- If threats are involved, go to Policía Nacional or Guardia Civil and file a complaint (
- Bar Association complaint
- File a complaint with the local Colegio de Abogados if the opposing lawyer behaves unethically or illegally.
- Safety planning
- If the threats include physical danger, take steps to protect yourself (safe location, emergency contacts).
4. Key Spanish legal references
- Código Penal (Criminal Code): coercion, threats, harassment
- Ley de Enjuiciamiento Civil: sanctions for abuse of process (
temeridad procesal) - Colegio de Abogados regulations: professional ethics for lawyers
Summary
Using an aggressive lawyer is not automatically illegal, but threats, intimidation, fraud, or coercion are criminal offences in Spain. Protect yourself by documenting everything, informing your lawyer, filing complaints with police or bar association, and requesting court sanctions if necessary.
