2023-10-04 11:11:39
There was agreement at the hearing held this morning
LOGROÑO, Oct. 4 (EUROPA PRESS) –
The trial against the lawyer DN, accused of fraud, misappropriation and disloyalty to his clients, for which he was asked for nine years in prison and disqualification, has concluded with a conformity agreement, by which he was sentenced to two years in prison for the two crimes of misappropriation, another four years of disqualification from practicing as a lawyer for misappropriation, and a fine of 3,600 euros.
However, the sentence is suspended on the condition that within 12 months he pays the total amount, 18,433 euros, that the prosecutor has claimed from him as civil liability.
In the document from the Public Prosecutor’s Office, to which Europa Press had access, it was explained that the accused “devised a plan with the purpose of obtaining an illicit economic benefit based on his professional credibility and the attorney-client relationship he maintained.”
At the end of 2013, two individuals hired him to file a legal claim against a banking entity for the annulment and refund of the amount for the subscription of some obligations.
The lawyer accepted the assignment for 7,400 euros in fees. When the claim was favorable for the individuals, in a 2017 ruling, in which the defendant was ordered to pay the costs, the lawyer presented his clients with an invoice for 18,140 euros.
After payment by his clients, the lawyer told them that there were “some differences in the amounts they could claim”, worth 7,867.67 euros, and sent them a fee estimate of 1,023 euros.
The clients made the entry again, after which they complained “repeatedly about the lack of communication” on the part of the lawyer, going so far as to not know if, in fact, the new claim had been initiated.
In reality, as stated in the ruling, the lawyer had received the full amount of the costs (somewhat lower than what was delivered by the clients), which was paid to his law firm and which included the attorney’s fees.
The clients sent him a burofax to demand the return of the money given, as well as that he abandon the new procedure. In addition, they contacted the Bar Association. The lawyer responded via WhatsApp that he would return it in three installments, although he has only paid 5,810 euros.
On the other hand, two other clients hired this lawyer to defend their interests against another banking entity. A procedure that also concluded with a favorable ruling and costs.
In this case, he had received 2,420.00 euros on account and sent them an invoice for a total of 6,806.09 euros, for which he demanded the rest, which amounted to 4,386.09 euros. The clients did not receive the payment of costs established in the sentence.
The lawyer has not presented any private contract with any of the clients, nor has he even provided the order form for both matters.
The accused has added to his assets 12,940.19 euros from some clients and 5,493.77 euros from others.
The Public Prosecutor’s Office considers him guilty of two crimes of fraud, another two of misappropriation and the same number of professional disloyalty.
For this reason, he asked for four and a half years for each of the crimes of fraud and misappropriation, which makes a total of nine years; as well as special disqualification from the exercise of his profession for the same period, and a fine. For the crime of professional disloyalty, he asks for a fine of eighteen months with a daily fee of twelve euros.
As civil liability, he demanded that the defendant compensate the first clients with 12,940.19 euros and 5,493.77 euros to the second. A total of 18,433.96 euros.
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