Another question often heard is, 'what is the difference between an abogado
(not to be confused with avocado) and a notario
is the equivalent of a solicitor/lawyer/attorney who acts on behalf of a client for a fee. Abogados
belong to the Colegio de Abogado
s. The Colegio de Abogados
is, in effect, the controlling body for lawyers and they publish a list of minimum fees to be charged by its members.
The duties of an abogado may include:
- Handling all aspects of the purchase of a property from the initial contract right up to accompanying the purchaser to the office of the notary.
- Acting as a 'power of attorney' if needed or asked to do so.
- Drawing up wills and handling matters relating to an estate.
- Acting on behalf of a client in legal matters, both civil and criminal, in the same way as a solicitor or lawyer in the UK or an attorney in America.
, or notary, is a qualified lawyer acting for the state and cannot be employed by or instructed to act on behalf of an individual or client.
may point out matters relating to a document, a contract or will for example, but is under no obligation to verify statements or to check the terms, for example, of a contract. His primary task is to legalise
will be responsible for legalising, amongst others, the following documents:
- Power of Attorney
- A letter
- The deed of a property (escritura)
- Copies of passports, driving licences etc
- Company charters
- Official minutes of meetings, such as for a Community of Property Owners.
o ensures that a document meets the necessary legal requirements and subsequently authorises it, but the drawing up of any such document is the domain of the abogado
. The notario
may offer advice to the abogado
, but it is the responsibility of the abogado
to actually prepare everything correctly.