Spanish law gives the victims of a catastrophe something many people do not expect: 45 days free from lawyers offering their services. During that period no lawyer may approach them to sell legal help, unless the victim asks first. It is a rule we fully support, and it says a lot about what the legal profession should be.

What the law says

Article 8 of the Spanish Victims' Statute (Law 4/2015) sets what it calls a "reflection period". Lawyers and procuradores may not contact the direct or indirect victims of catastrophes, public calamities or other events with a large number of victims to offer their professional services until 45 days have passed since the event.

The ban does not apply when the victim, on their own initiative, expressly asks for those services.

What our code of ethics adds

The Spanish Bar Code of Conduct reaches the same conclusion from the ethical side. Its Article 6.3.c prohibits offering services, directly or through third parties, to victims of catastrophes and to their heirs at times or in circumstances that limit their free choice of lawyer, and in no case before 45 days have passed.

The General Statute of the Legal Profession (Royal Decree 135/2021) repeats that prohibition in Article 20, and requires all advertising by lawyers to respect independence, freedom, dignity and integrity. The Code also forbids inciting people to litigate and any client-seeking that undermines personal dignity or the social function of the profession.

Why 45 days?

After a catastrophe, people are dealing with shock, grief, hospital stays and funerals. That is not the moment to be choosing a lawyer from an advert or a message from a stranger. The waiting period protects something simple: the right to choose freely and calmly.

Does it apply to online advertising?

Yes. The rule covers any offer of services aimed at those victims, whether it arrives by phone, in person, through an intermediary or as a targeted post or advert on social media. The channel does not change the principle.

What a lawyer should do

  • Respect the time the law gives victims.
  • Never incite a claim.
  • Never approach victims through third parties.
  • Wait to be called.

What victims can do in the meantime

The waiting period does not take any rights away. Victims can contact the lawyer of their choice whenever they decide to, and Bar Associations usually open guidance channels after major disasters. In the meantime, it makes sense to keep tickets, receipts and medical reports, and not to sign settlements or waivers in a hurry.

Sometimes the best move is not to act. In our profession, integrity also means knowing when to stay silent.