Antonio Flores (Columnist)
‘FORUM shopping’ – to use some legal jargon – is the practice of getting your case heard in the place you think is most likely to come up with a favourable judgement.
After my legal practice revealed that the mayor of Marbella had bought an alleged €3 million tax evasion product from Luxembourg, she decided to file a complaint against me.
Rather than take the case to court, however, she went to the Spanish Law Society, and jurisdiction that she apparently thought was more ‘claimant-friendly’ to her case.
But this was not to be.
The Law Society deemed itself an inappropriate place to air disputes between lawyers and private individuals and closed the case.
A little victory for us… yet a big defeat for the Marbella mayor.
She has lost all credibility. A mayor is a position of massive public trust, especially after all the problems Marbella has had with corruption with her predecessors. She should have known better. It seems nothing changes in Marbella.
Going back to around 2009 the Mayor was involved in a controversy regarding the ceding of land from Marbella to Benahavis. Under the Marbella town plan the land could not be built on. However, granted to Benahavis it could be developed. Guess who owns the land….none other but the Mayoresse’s Husband. The PSOE made a denunciation.
The most surprising thing to me to come out of this is that the Law Society deemed itself “inappropriate”. While I have no view on the correctness or otherwise of the case, it seems to me that the Law Society is there not only to protect lawyers but also members of the public who feel that they have been improperly treated by a lawyer.
This is in contrast with say the English Law Society where the interests of the public are upheld, even if it is in the Society’s own interest to ensure a high standard of conduct by it’s members.
It seems to me that in Spain the Law Society is only there to protect and defend their members thereby diminishing their accountability to the public which is an important issue in a democracy.
Any board or society is there to uphold what is right within there rules….they are not there to be guided or have peer pressure put on them by public figures who should know better….the law society is there to protect and uphold the laws of the land…!!!
The Law Society is there to protect it’s members. The Court is there to protect the law of the land.
Ronnie: The mayor of Marbella could hardly be described as “a member of the public” who needed defending. She tried it on and ended up with egg on her face. Good.
I am neither defending her or attacking her but she is still a member of the public in the eyes of the law and is entitled to the same justice as everyone else. Otherwise, what sort of world are we living in where justice is dispensed on a discriminated basis. That’s what living in a democracy is all about.
As you said Ronnie it’s the courts who are supposed to dispense justice. NOT the Law Society.She should have availed herself of that renowned Spanish justice in a COURT.
@Ronnie. I agree your points about the Spanish Law Society only being there to defend it’s members. If not many would have been struck off for failing in their duty when representing purchasers of illegal property.
However, I do not know the full details of her complaint and I won’t be losing any sleep about the Mayor and her families dubious transactions. She is not just a member of the public, she holds an administrative position with many powers and Flores was correct to bring the matter to the public’s attention.