Finding a Laywer in Costa Rica
Real Estate Attorneys, Etc.
How to Find a Lawyer
If you plan to go into business, work, buy or sell property or seek long-term residency status in Costa Rica, you will definitely need the services of a good attorney.
Your attorney can help you understand the complexities of the Costa Rican legal system, which is based on Napoleanic law. You are guilty until proven innocent, just the opposite of our system in the U.S.A. A lawyer is one of the best investments you can make because he can assist you with bureaucratic procedures and handle other legal matters that arise.
If you are not fully bilingual, be sure to choose a lawyer who is. The secretary should be bilingual too (Spanish/English). This helps avoid communication problems, misunderstandings and enables you to stay on top of your legal affairs.
It is very important to watch your lawyer closely since most Costa Rican lawyers tend to drag their feet as bureaucrats do.
Never take anything for granted. Refuse to believe that things are getting done, even if you are assured they are. Check with your lawyer on a regular basis and ask to see your file to make sure he has taken care of business. As you might imagine, paper work moves slowly in Costa Rica so you don’t want a procrastinating lawyer to prolong the process.
When you first contact a lawyer, make sure he is accessible at all hours. Make sure you have your lawyer’s office and home telephone number in case you need him in an emergency. If you are told your lawyer is always “in meetings” or “out of the office”, this is a clear sign your work is being neglected and you have chosen the wrong lawyer.
Know your lawyer’s speciality. Although most attorneys are required to have a general knowledge of Costa Rican law, you may need a specialist to deal with your specific case. Some people find it’s a good idea to have several lawyers for precisely this reason.
Take your time and look around when you are trying to find a lawyer. This should be fairly easy since there are over 7,000 lawyers from whom to choose. You should ask friends, other people, retirees and other knowledgeable people for the names of their lawyers. Above all, make sure your attorney is recommended from a reliable source. Then try to inquire about your potential lawyer’s reputation, his work methods and integrity.
If you find yourself in a jam before finding a lawyer, contact the Resident’s Association (ARCR) for assistance, or you can go to one of the many lawyers’ offices near the courthouse.
All over the world, there are always a few incompetent, unscrupulous attorneys, so be careful with whom you are dealing before you make your final choice.
Remember, one of the most important people in your life in Costa Rica is your lawyer, so it is imperative that you develop a good working relationship.
Most attorneys charge from $25 to $50 an hour depending on your problem and their expertise. It is inadvisable to select your lawyer solely on the basis of legal fees. Lawyer’s fees, or honorarios, vary. Just because a lawyer is expensive doesn’t mean he is good. Likewise, you shouldn’t select an attorney because his fees are low.
Check with the Costa Rican version of the Bar Association (El Colegio de Abogados) if you have any questions about legal fees. They establish minimum legal fees, however some fees are determined by the amount of the transaction.
In Costa Rica it is not uncommon to hire a lawyer on a full-time basis by paying what amounts to a small retainer. If you find a lawyer who will handle your pensionado, or residency paperwork for under $ 500 you have found a bargain.
However, if you speak fluent Spanish and have a lot of patience, you can do your residency or pensionado paperwork yourself. Just pick up a list of the requirements from the immigration office. Outside the immigration office there are men who will help push your papers through or make sure they are at the “top of the pile.” They charge about $10.00 for this service. There is even a lawyer who works with them on the premises.
Don’t pay them all the money up front. If you choose this route you can save yourself hundreds of dollars in attorneys’ fees. All a lawyer does is just sign a couple of papers, turn them in at the immigration office and take your money.
There is a small amount of paperwork involved in giving your lawyer power of attorney (poder) so he can take care of your personal business and legal affairs.
This is not a bad idea when you may have to leave the country for a period of time, or in the event of an emergency. However, first make sure your lawyer is completely trustworthy and competent. You may either choose to give your attorney poder general (General Power of Attorney) or poder especial (Special Power of Attorney). You may revoke both of these types of power of attorney at any time.
If you want answers to most of your questions about the complex Costa Rican legal system, purchase The Legal Guide To Costa Rica by Roger Petersen. Although this book is no substitute for a good lawyer, it is still very useful for the layman. This excellent guide may be purchased from Costa Rica Books. (See Chapter 10 for the details.) If you have any questions and want to contact Mr. Peterson, his address, phone and fax are listed below.
This comprehensive guide contains sample forms and documents. It covers the most common situations you will encounter in Costa Rica, real estate transactions, corporations, commercial transactions, immigration, labor laws, taxation, wills, marriage and much more. To get a copy write to the address we list in the back of this book. For additional legal information on the World Wide Web contact www.costaricalaw.com.
We also recommend purchasing a copy of, Diccionario de Términos Jurídicos by Enrique Alcaraz. It is a complete English/Spanish dictionary of legal terms.
Here is a partial list of bilingual attorneys who have many North American clients:
Real Estate Attorney
Roger Peterson
(Costa Rican - born American lawyer)
Interlink 553
P.O. Box 02-5635 Miami, FL 33102
Tel: 011-(506) 233-5219; Fax: 011-(506)233-2507
E-mail: crlaws@racsa.co.cr
Ruhal Barrientos Saborio (Business)
Apdo. 5576-1000, San José, Costa Rica
Tel: 011-(506) 222-7614; Fax: 011-(506) 222-7614
Lic. José Fernando Carter Vargas
P.O. Box 5482-1000, San José, Costa Rica
Tel: 011-(506) 257-6646, Fax:011- (50)258-4101,
E-mail: jfcarter@racsa.co.cr
Sergio Leiva Urcuyo
Apartado 3379-1000, San José, Costa Rica
Tel: 011-(506) 225-1318 or 253-5856 Fax: 011-(506) 225-6592
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