Why Send Legal Notifications by Certified SMS Text?

  • Oliver
    Oliver is a multidisciplinary lawyer and economist with over 10 years in the banking sector. With a very high level of written and spoken English, Oliver specialises in: Property Conveyances, Inheritance, Family Law, Criminal Law, Tax Law and Contractual disputes.

That the entire world has gone mobile is beyond all doubt. As far back as January 2009, according to the Telecommunications Market Commission: 51 million lines were contracted in Spain a population that does not reach the 48 million inhabitants.

While this plainly has ramifications in the world of marketing and a host of other industries, it also has had an impact on the antiquated world of legal services. This is due to the fact that the electronic communications made between Spaniards, including lawyers, are potentially binding between the parties and can be used as evidence in any legal proceedings.

Legal Background

The legislative amendment of Law 59/2003 of 19 December on Electronic Signatures, attempts to provide greater legal certainty for electronic documents signed with a recognized digital certificate, to award costs against the Party which appeals against the admittance of electronic documents with a recognised signature whose authenticity were provable, and going even further, economically fining  the Party which appeals this kind of document in a reckless manner.

Analyzing the legality surrounding electronic documents, the College of Lawyers proposed a solution to give legal certainty to mobile communications irrefutably certifying binding notifications sent to mobile devices.

To reliably certify the sending of any specific SMS text message to a specific phone number, on a certain day and time, the Lawyers´ Certification Authority, acknowledged by the Ministry of Industry as a provider of certification services, launched BuroSMS. The idea behind the move was to provide a more up-to-date version of the ‘Burofax’, a written notification sent via the Post Office which provides confirmation of delivery for the purposes of notification between parties. While a physical address may be difficult to ascertain for one reason or another, the injured party may well know the mobile phone number of the other party.

When might this be used in a legal context?

It is a requirement at law, in a wide range of legal proceedings, that certifiable communication has been made to the  other party. So for example, it can be required in the course of certain proceedings for the recovery of a debt, that an attempt has been made to reach an amicable agreement. Sending a ‘Buro SMS’ would be sufficient in such circumstances.

Also, for example, where an employee has failed to attend work for a period of time without good reason, and it is necessary under employment law to officially notify them of their employment status, a BuroSMS will suffice.

There are many other situations where a BuroSMS would be a useful tool, such as notification of outstanding debts to property owners in a Community of Owners,  creation and termination of contracts etc.

How is the Buro SMS used?

Clearly, use of the BuroSMS does not mean that individuals will go to court, with the latest model of mobile phone in hand, to show an SMS message sent from your own inbox.

The lawyer sends an SMS from his computer as if it were an email. The  “Signing Certification Lawyers Authority” service then sends a text message to the mobile phone of the addressee and as soon as it is received, sends an email acknowledging receipt by each recipient, attaching a certified copy of this email digitally signed (in PDF format) that attests the content of the message, date and time sent and the phone number that has been sent to. This digitally signed PDF has full legal validity in addition to assert the professional status of the sender of the SMS, thanks to its Lawyers´ digital certificate.

In addition to the aforementioned legal certainty, the most important added value is efficiency. Compared with the traditional means of reliable notification, a paper Burofax sent via the Post Office, the BuroSMS is ecological, and certainly much faster, safer and easier to use. Besides not having to leave their workplace, the cost is considerably lower than Burofax or registered letter. The lawyers on the Advocate Abroad network can assist with the sending of legal notifications.

Client Testimonials

Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:

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    Vicky S, UK
    Tuesday, April 17, 2018
    Alvaro answered my emails and all my questions efficiently and helped me were I did not understand through the whole process of moving the tenant and selling the property and arranging and introducing... an estate agent.

    He has exceeded my expectations after being let down by previous lawyers in Spain when its been a very traumatic time for me.
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    Pernilla, London
    Friday, April 13, 2018
    We had excellent service from Esther at Advocate Abroad when buying a property in Las Palmas, Gran Canaria.

    Esther speaks both Spanish and English, and is very friendly, professional and genuine. ...She took care of the whole purchasing process and explained all the steps for us, including giving advice on Spanish bank account, NIE numbers etc.

    We are very pleased with all the help we have received and can highly recommend Esther. Thank you so much!
  • Default Avatar75
    David Pratt, Alhaurin del Grande
    Friday, April 13, 2018
    Alvaro gives me confidence that he understands the issue and gives me practical solutions. He works rapidly and efficiently. I would strongly recommend his services.
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    ESP, London
    Wednesday, March 28, 2018
    Cristina was extremely helpful, she couldn't have done more. Her English is sufficient and I would definitely recommend her to friend.
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    L Marshall, London
    Wednesday, March 28, 2018
    Rosa was excellent. Very efficient and professional.

    Responsive and always available. Extremely helpful - we did not understand the process and she guided us through.

    We would not hesitate to ...recommend her.
  • Default Avatar75
    Phil Loughton, Las Lagunas de Mijas
    Tuesday, March 20, 2018
    Alvaro was extremely helpful and the simple process I needed managed was dealt with quickly and efficiently. I would certainly recommend him to friends.
  • Default Avatar75
    John Burchell, Arroyo De la Miel
    Tuesday, March 20, 2018
    Alvaro was very professional, helpful and friendly. Understood things quickly. Explained things well in English. Very easy to contact at any time.
  • Default Avatar75
    A. Kavanagh, Glasgow
    Thursday, March 15, 2018
    Miguel provided a great service and fully explained to me about the procedures with tax & business registration. My emails and questions where always answered straight away with an immediate response ...or solution.

    Very helpful and very friendly I would definitely recommend to anyone considering using Advocate Abroad
  • Default Avatar75
    Robert Davies, Mallorca
    Monday, March 12, 2018
    Very supportive and clear on producing a suitable divorce settlement. Efficient, understanding and professional.
  • Default Avatar75
    A.Kavanagh, Glasgow
    Friday, March 09, 2018
    Rosa was exceptional at helping me setting up my business abroad.

    This was a big move for me and Rosa fully explained everything to me in detail so I had a full and clear understanding of the lega...l side of things as well as always promptly responding to any emails or questions I had.

    I couldn’t of asked for a better lawyer and I would 100% recommend Rosa to anyone who is deciding to move abroad.

    Great service could not be happier.
  • Default Avatar75
    Adam Clark, Tenerife
    Friday, March 09, 2018
    Oliver was very professional. He explained things very clearly and honestly at all times and in the end we got the best result possible in my particular case.

    Many thanks to him for his high level ...of service.
  • Default Avatar75
    Patrick Martel, Canada
    Wednesday, March 07, 2018
    For being in another country and all our back and forth communicating over emails .. I thought Rosa did a brilliant job. Thankfully she was able to help where no one else was willing ..
  • Default Avatar75
    Robert Scott, UK
    Wednesday, March 07, 2018
    First class service. Rosa's professionalism, advice and patience were all exemplary! Keep up the good work. Will certainly recommend the service to friends!
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    Martina, Plymouth
    Monday, March 05, 2018
    Erardo was fantastic and helped immensely during a very difficult situation.

    He consulted with my lawyer in the UK and explained to her what needed done. Without him the situation would not have be...en resolved. He was very understanding and I would have no hesitation whatsoever in recommending him. Outstanding.
  • Default Avatar75
    M Pearce, Marbella
    Monday, March 05, 2018
    Miguel was extremely helpful, he couldn't have done more:

    Always kept us updated on the progress of our purchase
    Always responded to emails in a professional and timely manner
    Always explained to... our understanding all aspects of the legalities about the purchase
    Very approachable,courteous and professional

    So much better to deal with than UK property lawyers!

  • Default Avatar75
    Tony, London
    Wednesday, February 28, 2018
    The service I received from nada was very helpful.

    The tasks were completed to the highest standard and would definitely use her services again in the future. All correspondence was received in a ...very timely manner. Highly recommended.
  • Default Avatar75
    Holly, Lanzarote
    Friday, February 23, 2018
    The divorce process could have been explained more clearly and accurately so that a more realistic time for completion can be attained.
  • Default Avatar75
    Julia Alcock, Puerto Rico, Gran Canaria
    Thursday, February 22, 2018
    Esther was very friendly and approachable. She was professional and answered any questions I asked. We would definitely use her again in the future.
  • Default Avatar75
    Tamara Malcolm, Mallorca
    Tuesday, February 20, 2018
    Rosa was and is extremely knowledgeable and helpful. Her advice was excellent and i will definitely be using her expertise again in the future.
  • Default Avatar75
    Nick Nicolaou, Oviedo
    Tuesday, February 20, 2018
    Very Satisfied with Miguel's work. He was very helpful and we would definitely use his services again in the future.
  • Default Avatar75
    Gavin Jones, UK
    Monday, February 19, 2018
    It was a real pleasure to have Miguel working on my behalf to file my non-resident taxes. He was extremely helpful, gave reassuring advice and I had a high level of confidence in the transactions.

    ...Miguel is now acting as my fiscal representative in Spain and I plan to continue to use his firm's services for all my tax requirements.
  • Default Avatar75
    Martin Hickey, Benidorm
    Sunday, February 18, 2018
    Very friendly and knowledgeable and professional.

    Juan explained the plus and the negatives on various subjects and allowed us to make up our own mind.

    I have already recommended him to our fri...ends.
  • Default Avatar75
    Andrew Bullen, UK
    Friday, February 16, 2018
    Rosa was very professional at all times when dealing with me. Her English was second to none and she always kept me informed of progress via email promptly.

    I wouldn't hesitate to use Rosa in the ...future for any legal issues I have.
  • Default Avatar75
    Tamara Reeves, Australia
    Thursday, February 15, 2018
    Anna was very knowledgeable and had prior experience dealing with English clients. She spent a lot of time explaining information and I was never rushed.

    I have continued to use Anna since my firs...t meeting as I trust her judgement and know that she will look after my best interests.
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    Ali Hashemi, Alicante
    Wednesday, February 14, 2018
    Rafael was extremely helpful, accommodating and understanding. He couldn't have done more.
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    Alan W T Duguid, Montserrat, Valencia
    Wednesday, February 14, 2018
    Ramon was very helpful and answered my questions and explained the legal process that I was enquiring about.

    I would liked to have seen a follow up email detailing what was discussed to ensure that... my understanding and recollection of the meeting was completely correct.
  • Default Avatar75
    Keith Round, La Herradura, Spain
    Monday, February 12, 2018
    The advice provided was clear, easy to follow and allowed me to secure the required documentation from the Spanish Authorities quickly.

    Rosa was very proactive in following up when I was delayed in... providing inputs and always delay with any questions promptly.

    I would not hesitate to recommend Rosa to friends and colleagues and I would use her again in the future
  • Default Avatar75
    GWE, Ireland
    Thursday, February 08, 2018
    My lawyer Nada was extremely effective to make the case and get a result!
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    Chris Jones, Cambrils
    Tuesday, February 06, 2018
    Regardless of the situation Emma, looked for the best possible way to assist under the circumstances. Emma was very approachable and professional.
  • Default Avatar75
    Richard Quick, Estepona
    Sunday, February 04, 2018
    I was particularly impressed by Miguel's approachability & professionalism, excellent service!

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