Terms and conditions

Fees Policy

  • We are passionate about service quality and strive to respond to all enquiries in 24 hours. Del Canto Chambers has a clear fees policy that is set out in accordance with the nature of the work or services to be provided and the seniority and qualification of our professionals. 
  • All our lawyers are qualified and regulated in Spain by their respective Professional Bar Associations and they must comply with its Policies and Deontology Code. Without prejudice of where these professional services are carried out, under the terms of this Engagement Letter and with regards to our Fees Policy, it is agreed by the parties in this Engagement that the Lawyers will abide by the Rules and Regulations of ‘The Madrid Bar Association’ (Ilustre Colegio de Abogados de Madrid).  
  • It is agreed that the provision of these services will be regulated only and exclusively by the rules and regulations of the Ilustre Colegio de Abogados de Madrid. https://web.icam.es/
  • Our fees can be agreed on “Fixed Fee” or “Hourly Fees” depending on the nature of the work to be performed. VAT, Disbursements and other costs will be charged separately, if applicable.
  • In addition to accepting instructions through the traditional route by other Professionals, Solicitors, Lawyers and Accountants, we are able to accept instructions directly from members of the public.

a. Hourly rates

  • We try to accommodate as much as practicable fixed fees arrangements. It is the value you receive and not the time we spend what really matters and for us providing our services quickly and effectively is paramount. Please be aware that additional fees may be charged whether the work carried out goes beyond the agreed scope of work. This will be invoiced according to time spent.

b. Conditional Fee Agreements (CFAs)

  • A CFA is often referred to as a “no win, no fee” arrangement. Extraordinarily, professional services may be carried out based on a case success “No Win – No Fee”. Our Firm is entitled to charge an administrative fee in advance and a percentage based on the merits of the case.
  • Fees are payable in advance. Del Canto Chambers reserves the right to apply a 5% late payment charge plus legal interest. In the case of a dispute regarding our professional fees, these will be calculated on the basis of time spent. 
  • As an indication of hourly rates based upon seniority, qualification and expertise, please find below our hourly fees:
    • Senior Tax & Legal Counsel €500 per hour
    • Registered European Lawyer / Abogado €250 per hour
    • Tax and Legal Officer €125 per hour
  • Please note that in Del Canto Chambers we understand the above qualifications as follows. 
    • Senior Tax & Legal Counsel: A lawyer with 10 years PQE qualified and with a current practicing certificate in more than one jurisdiction and with a tax qualification. 
    • Registered European Lawyer. A lawyer qualified to practise with a home title in a different EU State Member in compliance with the EU Regulations. 
    • Spanish Abogado: A lawyer regulated by one of the Spanish Bars with practise in such jurisdiction (Spain).
    • Tax and Legal Officer: Trained legal and tax officer working under the supervision of a lawyer.

Services excluded from any Fixed Fees Agreement as per our Professional Engagement Letter

  • There are numerous professional regulated and non regulated services, which Del Canto Chambers could render and due to their extraordinary nature, cannot be covered by the fixed fees arrangements. Del Canto Chambers will bill for those services separately.
  • Therefore, the services covered in this engagement letter, do not include, unless they have been agreed, dispute resolution services including litigation, tax advisory services, review of previous years accounting or tax matters, tax inspections, communications in writing and discussions of any sort with the Tax Administration (AEAT), employment disputes, shareholder agreements appeals to the Administration or Courts, preparation of Personal Income Tax returns and other matters of an extraordinary nature (such as corporate reorganisations, due diligence, mergers and companies divisions, Industrial Property, tax planning, increase of capitals, international tax advice, legal advice and legal representation by Counsel at Court and Arbitration), purchase or sale of properties and any other matter outside the scope of services specifically included in this engagement letter, which, and unless agreed otherwise, will be invoiced separately in accordance with our terms and conditions.

Expenses and disbursements

  • Expenses and disbursements are not covered by these arrangements as bank, notary or gestoria fees, as well as travel expenses or any other disbursements incurred in managing your file. We shall include a detail of those fees in our quarterly invoices.

Confidentiality

  • The information in any report, memorandum, document or contract model provided by Del Canto Chambers is classified as private and confidential and is intended solely for the attention and use of the client addressed in this engagement letter. Therefore, any contents or recommendations provided by Del Canto Chambers, its partners, associates and staff during the course of this engagement will be legally privileged and constitute the intellectual property of Del Canto Chambers. Any dissemination, distribution, publication or copy of these materials is prohibited without written consent of Del Canto Chambers.

Law and Jurisdiction

  • Spanish Law will rule any dispute on our professional relationship. It is expressly stated that this engagement is provided under Spanish Law and the Spanish Jurisdiction. All the professional services are provided only and exclusively in Spain in accordance with the rules of the Ilustre Colegio de Abogados de Madrid (ICAM http://web.icam.es/). 
  • In case of conflict with regards to our professional services and Fees Policy, the Parties will renounce to the Court that may correspond to them and expressly abide and submit to the Rules of ICAM Mediation as a way to try to resolve possible disputes that may have arisen between lawyer and client, due to disagreement on the matter of the lawyer’s professional services and fees. 

Data Protection

  • Del Canto Chambers has taken the necessary steps to guarantee the security of this data. The data collected here will be retained in a file for internal use and presentation of principal and complementary services, such as sending information and publications related to the subject of this Engagement Letter. The persons entitled can exercise the rights of access, rectification, cancellation and opposition regulated by Law, please check our Appendix III, Data Protection Policy, addressing the direction outlined in the heading of this Engagement Letter. Should you need further information, please do not hesitate to contact our data protection officer to clerk@delcantochambers.com.
  • By accepting our engagement letter you accept to be included in our regular communications and newsletters. Please let us know if you don´t want to be included.

Due Diligence, Compliance and Prevention of Money Laundering

  • Money Laundering is the participation in any transaction that seeks to conceal or disguise the nature or origin of funds derived from illegal activities. All International Banks, Financial Institutions, Auditors and Law Firms are now required to comply with the ‘Know your Customer’ (KYC) regulations as the most effective means of preventing the use of the financial and legal system for money laundering. 
  • We are also obliged as a legal service provider to identify who is the Ultimate Beneficial Owner (UBO) of a legal person, corporate, trusts or analogue structures that have the control of those structures, and the obligation to perform due diligence to identify those persons that wish to enter in business with us or the companies under our management.
  • Due diligence checks and AML are carried out prior accepting instructions from clients and KYC rules require having a comprehensive file of our clients, identifying and verifying the information received, properly documenting all transactions and ultimate beneficiaries of identified corporate structures.
  • Del Canto Chambers is registered in the Companies House of Madrid as services provider to Companies and their Lawyers, Attorneys and Independent Professionals are obliged by The Law 10/2010 of 28th April to identify who is The Ultimate Beneficial Owner (UBO) of a legal person, corporate, trusts or analog structures that have the control of those structures and the obligation to make a due diligence to identify those persons that wish to enter in business with us or the companies under our management. 
  • Likewise, Lawyers, attorneys or other independent professionals when they participate in the conception, performance or advice of operations on behalf of clients related to the sale of real estate or commercial entities, the management of funds, securities or other assets, the opening or management of accounts checking, savings or securities accounts, the organization of the contributions necessary for the creation, operation or management of companies or the creation, operation or management of “trusts”, companies or similar structures, or when they act on behalf of clients in any financial or real estate transaction.
  • The KYC rules require having a comprehensive file of our clients, identifying and verifying the information received, all transactions properly documented and ultimate beneficiaries of corporate structures identified.

Termination of Instructions

  • Notwithstanding your consumer rights you may terminate this engagement, by giving 14 days notice in writing and by addressing your letter to our office. For example, you may decide you cannot give us clear or proper instructions on how to proceed, or you may lose confidence in our work.
  • We reserve the right to stop acting for you due to any professional reason or conflict of interest, and if practicable, on giving you reasonable notice of such intention.  Our charges will remain due as outlined above or as stated in any separate correspondence, whomever decides to terminate this contract.

Feedback, Complaints Procedure and Unilateral Withdrawal

  • 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.
  • Feedback:
    • We welcome feedback on all aspects of our service (both Counsel and Clerking). Positive feedback is always nice but should you (or our client) be dissatisfied with our service and need to raise a concern or make a complaint, you should first refer the matter to us by calling our clerking team anytime to (+34 910 80 08 84) or by email to clerk@delcantochambers.com.
    • It is our aim, upon receipt of feedback, concern or a complaint to deal with it quickly and efficiently. We should respond to your complaint within 28 days of the date of receipt of such complaint.
    • If after receiving response to our complaint or you think that our services do not correspond with the quality and the services we intended to or you think a lawyer has violated the rules of professional conduct, you can proceed to the following:
  • Complaints Procedure:
    • You can either write us a letter to our main business address in Spain below or write an email to our Clerk to clerk@delcantochambers.com indicating the “Complaint Issue and the professional involved”
    • For Address Purposes 
      • Identity: Del Canto Chambers, S.L. 
      • NIF: B87536389
      • Postal Address: Calle Alcalá, 54 – 4º Izq. 28014, Madrid
      • Telephone: +34 910 800 884
      • Data Protection Officer: clerk@delcantochambers.com
  • We retain documents and records relating to every aspect of the service we have provided. Our internal systems and case management software provides a real-time audit trail of actions and communications. We will ensure all documents and data relating to any complaint are kept confidential and only disclosed so far as is necessary for: 
    • the investigation and resolution of the complaint.
    • internal review for the purposes of improving our practice. 
    • complying with requests from the Deontology Code in the exercise of monitoring and, or auditing functions.
    • The disclosure of internal documents relating to the handling of the complaint, such as the minutes of a meeting held to discuss a particular complaint to the Professional Bar Association for the further resolution or investigation of the complaint, is not a requirement.
  • A record will be kept of each complaint, all steps taken in response to it and the outcome of the complaint, together with a copy of all correspondence, including electronic mail, and all other documents generated in response to the complaint. For further information, please click here https://delcantochambers.com/customer-services-policy/
  • If the response to your complaint is not satisfactory you may file a standard complaint form to ‘The Madrid Bar Association’ Colegio de Abogados de Madrid and download a copy of the complaint form. For further instructions, please check the complaints procedure in https://web.icam.es/en/the-public/complaint-procedures/ or contact the ‘Madrid Bar Asociation’ by:
    • 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.
  • Unilateral withdrawal
    • This Engagement Letter is subject to the Spanish Royal Legislative Decree 1/2007, approving the consolidated text of the General Consumer and User Protection Act and Other Complementary Laws, and you have a right to withdraw in 14 days after acceptance of this letter.
    • Notwithstanding the above, if you decide to withdraw from this Engagement for any reason, and you have instructed us to start the work within these 14 days, Del Canto Chambers will calculate the fees according to the time spent on the file until the withdrawal is completed. 
    • Once notified we will send the corresponding invoice, serving the same as a formal request for payment. In the case of a dispute regarding our professional fees, these will be calculated on the basis of time spent or following the criteria established by the ‘Madrid Bar Association’ (Ilustre Colegio de Abogados de Madrid).
    • In any case, we will abide by the ICAM Mediation as a way to try to resolve possible disputes that may have arisen between lawyer and client, due to disagreement on the matter of the lawyer’s fees. For more information on Mediation in matters of fees, you can contact mediaICAM, the Conflict Resolution Centre of this Association:
      • website (www.mediaicam.es),
      • by email (mediación@icam.es), 
      • or by phone (917 889 380 – Option 8).