The Procurator of the Courts is a liberal and independent professional, graduated in Law.
The Civil Procedure Law 1/2000 in its explanatory memorandum points to the attorney as an essential piece in the new design of the process, adding that it is a professional with technical knowledge about it, trained among other things, to receive notifications and carry out the transfer to the opposite party of many writings and documents.
Thus its essential mission is specified in the representation of the parties before the Jurisdictional Organs, and in the primary duty to collaborate with them in the noble public function of administering justice.
Thus "the responsibilities of the Attorney General's Office and the Legal Profession are accentuated in the new procedural system, so that the justification of their respective functions is underlined."
Exercises representation in judicial proceedings, even in those exceptionally not mandatory.
It is responsible for the costs that occur in the lawsuit, except the fees of the lawyers and those that correspond to the experts.
Participate actively in all the acts and proceedings that they develop; It goes without saying that in many cases they are the lawyers who, with some instructions of principle, leave all the procedures in the trust of the attorney, and they limit themselves to intervening in the resources, writings or acts required for the contradiction and the law itself.
This makes the attorney assume and control all the activities of evidence, execution, seizures, assurances, launches, valuations, auctions, etc., without counting the exercise of the acts that lead to good litigation, or the of communication, of which he responds personally, whether he has the fund or not.
As stated in the explanatory memorandum of the LEC that the legislator fully trusts both the attorneys and their colleges to obtain the processing of the processes without undue delay, establishing exclusively that the communication to the parties in a process is carried out through these professionals and the notification services of these schools.
The prosecutors do not maintain a conformist position in their desire to collaborate in the difficult task of achieving a fast and efficient Administration of Justice, as we understand it, as has been collected in the three documents considered as fundamental pillars for the reform of Justice in our country (White Book of Justice of the CGPJ, Law of Civil Procedure and State Pact for the Reform of Justice), that the functions of the attorney must be strengthened, promoting greater participation in communication acts, modernizing the systems of notification through telematics.
Likewise, a greater participation of the attorneys in the activity aimed at obtaining the documentary evidence necessary for the solution of any dispute, can result in a discharge of work for the court and without a doubt in streamlining its processing.