The ICAM calls for Legal clarity on fee guidelines

The Dean of the Madrid Bar Association (ICAM), Eugenio Ribón, has formally requested that Spain’s Ministries of Justice and Consumer Affairs seek an advisory opinion from the Council of State to clarify the legal framework governing bar associations’ mandatory fee guidelines.

The request follows the entry into force of the Organic Law on the Right of Defence (Law 5/2024), which requires bar associations to publish “objective and transparent” fee criteria. However, Spain’s competition authority (CNMC) has previously considered such guidelines as potential collective price recommendations prohibited under competition law.

Dean Ribón warns of “serious legal uncertainty” as bar associations face potential sanctions despite a legal obligation to publish these guidelines. “A clear and secure legal framework is urgently needed to allow bar associations to comply with the law without risking penalties, ensuring predictability and transparency in legal fees,” he said.

ICAM argues that the publication of such fee criteria not only supports legal certainty and access to justice, but also fulfills the constitutional right to consumer information. The Bar also highlights the importance of these guidelines in judicial proceedings such as cost assessments and fee certifications, where bar associations play a formal role.

As part of this initiative, ICAM has launched a sector-wide campaign under the slogan “Transparency without sanctions: for a secure and clear right of defence”. The campaign includes educational materials and a digital platform for individual and institutional support, aiming to rally the legal community and the public behind the request.

“The transparency of legal fees is not optional—it’s a constitutional and legal mandate,” Ribón emphasized. “This is about defending the citizen’s right to understand the cost of justice before deciding to litigate.”