There is nothing mutually exclusive about selecting a well qualified real estate attorney and visa attorney in Ecuador.\u00a0 In fact, while still the exception, there are some excellent legal firms that can well represent an expat looking for both real estate and visa services, from one central legal source.\u00a0 Many of the positive qualifications you will seek in a legal firm will equally apply to both the real estate and the visa side of the business.\u00a0 At the same time, however, there are some specialized skill sets and practical aspects, which should be independently considered.\u00a0 The goal in this brief report is to provide expats, or expats in the making, a primer for what they should be considering, when seeking general legal counsel, and the specific requirements needed for a hiring an attorney in Ecuador whether it be a solid real estate or visa attorney.<\/p>\n
General Attorney Qualification Factors<\/span><\/strong><\/p>\n Current licensing:<\/strong>\u00a0 Sure…laugh.\u00a0 A no-brainer, right?\u00a0 Well, let me tell you, I personally know of at least three attorneys currently practicing sans license and can extrapolate that this figure is much higher, especially away from the central city-centers, where industry regulations are less diligently enforced.\u00a0 If you are conducting a real estate transaction in the rural parts of the sierras or in a small fisherman\u2019s village on the coast, be particularly leery of any \u201clegal assistance\u201d thrust upon you.\u00a0 Make sure to conduct a search, or have another local professional conduct a search, in order to ensure that the attorney is legally and currently licensed to practice.\u00a0 A nationally recognized license is required to practice law in Ecuador.\u00a0 Every attorney should be able to show you their license.<\/p>\n Convenience of location:<\/strong>\u00a0 May not be something that readily comes to mind, but having an attorney close to where you reside, even if only a temporary residence, can be a big advantage, especially for more personal, face-to-face meetings.\u00a0 While Ecuador may be a small country, and the transportation network generally excellent, the legal profession is one where \u201crapidly arising\u201d or \u201clas minute\u201d issues are common.\u00a0 In such cases, the lack of close proximity to your attorney can lead to unnecessary delays, especially if the changes require new\/fresh signatures, or the review and discussion of legal documents.\u00a0 While I certainly would recommend a well-qualified attorney from afar, as opposed to a less qualified option \u201ccloser to home\u201d, it is best, whenever possible, to try and ensure both.<\/p>\n Field of specialization<\/strong>:\u00a0 Like medical professionals, all attorneys are \u201cgenerally trained\u201d in\u00a0 most aspects of their field, but just like physicians, attorneys tend to specialize in a specific area or two.\u00a0 When you want someone representing your legal interests to have maximum subject knowledge and field experience, you want to select an attorney that specializes in the exact legal matter you wish to address.\u00a0 Ask them about their specific qualifications and experience, in your specific legal field.\u00a0 Regardless of their claims and proof, call up a few other attorneys in the same specialized field and ask them a qualifier, as to their experience in working with your target counsel.\u00a0 Most, not all, will volunteer something.\u00a0 What you are mostly looking for is that quizzical, \u201cWho?\u201d every time you mention the targeted attorney\u2019s name.\u00a0 Never a good sign.<\/p>\n Bilingual\/Translation services:<\/strong>\u00a0 Let us face it, you are an expat.\u00a0 Perhaps you have not 100% mastered the Spanish language yet, let alone well enough to express complex legal issues to counsel.\u00a0 Always best, when possible, to find an attorney that can speak your native tongue.\u00a0 If you are a native English speaker, you are likely in luck.\u00a0 Many attorneys in Ecuador have received some education in the USA or Canada.\u00a0 Many have even lived in those two countries for a time.\u00a0 If your native language trends towards French, German, Italian or Portuguese, you may also be in luck…likely not as much as an English speaker.\u00a0 If your native tongue is Thai or Hungarian, your challenge has likely increased dramatically.<\/p>\n The preceding is important not only to communicate complex legal issues, but also to address matters of legal document translations.\u00a0 All legal documents in Ecuador must <\/span><\/b>be drafted in Spanish.\u00a0 If your attorney is not bilingual, you will likely incur the additional costs,\u00a0 of an external translator, which will likely charge higher fees, than the in-house admin staff of your legal counsel.<\/p>\n If you simply cannot find an attorney comfortable with your native language, consider inviting a friend or acquaintance along, who is familiar with Spanish and your native language.\u00a0 In the absence of such a person, your last remaining options are a call to your local Embassy\/Consulate for advice, or a call to major city university linguistics department, to see if they can offer suggestions and relief.<\/p>\n <\/b>Legal fees:<\/strong>\u00a0 \u201cKa-ching\u201d, we got us a \u201cGringo\u201d!\u00a0 Sadly, but truthfully, in a country where the art of \u201cGringo gouging\u201d has not escaped any industry sector, one should not assume that the professional elite of the legal field are above applying \u201cfee variances\u201d, when you walk in speaking broken Spanish.\u00a0 This matter is made worse in this sector by the reality that \u201cfirm pricing standards\u201d simply do not exist.\u00a0 Often in the legal field, you get what you pay for…and it is very hard to generalize about \u201cexpected pricing\u201d.\u00a0 Best suggestion is to call your local Embassy\/Consulate and see if they can provide some ballpark statistics on legal fees.\u00a0 Otherwise, you are back to \u201cdialing for dollars\u201d.\u00a0 Call at least 5 attorneys in your chosen specialty field and discuss fees with them.\u00a0 A pattern should emerge.\u00a0 Truthfully, it is best to have native Spanish speaker make those same calls on your behalf, so that you can be certain that you are not experiencing a \u201cuniform pattern\u201d of Gringo gouging.<\/p>\n References:<\/strong>\u00a0 The obvious.\u00a0 Don\u2019t hire any attorney that cannot provide 3-5 good references.\u00a0 However, don\u2019t stop at the stated references.\u00a0 Think about it, if the references are legit and the client party is truly happy with the legal services, they should be able to, in turn, provide you with another 1-2 names of \u201chappy clients\u201d, which they personally referred to said attorney.\u00a0 Get those names and phone numbers.\u00a0 Give them a call as well.\u00a0 Extended families here in Ecuador can be quite large.\u00a0 Make sure you are talking to independent and legitimate reference sources.\u00a0 Again, if possible, get a friend or acquaintance to make those calls for you in Spanish.\u00a0 May help you ferret out issues that would otherwise go undetected.<\/p>\n Real Estate Attorneys – Additional Considerations<\/span><\/strong><\/p>\n When hiring a real estate specialist, you need to address, at least, two additional issues.\u00a0 The first is their ability to travel to a closing.\u00a0 Keep in mind, you may purchase a property in location A, while you may reside in location B, with the closing taking place in location C, and your attorney residing in location D.\u00a0 If you heed our other recommendations, you are less likely to encounter this dynamic, but it is real…it is possible…I have lived it!\u00a0 Prepare in advance.\u00a0 Two days before your scheduled closing is not when you want to hear your selected attorney say, \u201cBy the way, I need at least 2 weeks advance notice, in order to attend your closing, because the location is so far away.\u201d\u00a0 Believe me, it happens.<\/p>\n Additionally, another common practice amongst a select group of attorneys is to personally represent you from afar, until the closing date.\u00a0 However, come closing date, they send their \u201cjunior league\u201d associate to your closing, or, often times much worse, they send some \u201cgun for hire\u201d local attorney, who already resides in the proximity of your closing locale.\u00a0 Please, do not allow this to happen.\u00a0 <\/b>I cannot emphasize enough that sharp drop-off in the quality of service you will often received.\u00a0 Your critical closing date is not when you want to rely on the \u201cB-team\u201d.\u00a0 Make sure you address this, along with all your other expectations, early on in your discussions with legal counsel.\u00a0 If they will not commit to accommodating you, walk.\u00a0 Next!<\/p>\n The second critical issue in selecting a real estate attorney in Ecuador is to ensure that they already have a special \u201clegal escrow account\u201d established.\u00a0 While this matter is already best addressed in a separate report, there may be times when you will want to bank wire closing funds, or even purchase funds, into the account of your attorney.\u00a0 It is a big legal \u201cno-no\u201d to wire said funds directly into their personal bank accounts.\u00a0 It is the commingling of funds.\u00a0 Along with the issues of legality, it also carries certain risks.\u00a0 Best to ensure that your selected attorney already has an established escrow account for receiving such funds.\u00a0 It should be noted that this criteria is also a great litmus test, which goes directly to experience.\u00a0 Any good, experienced real estate attorney will have dealt with this matter in the past and, by necessity, will have such an account.\u00a0 Be leery of any real estate attorney that says, \u201cOh, yeah, we have plenty of real estate experience….\u201d, but then cannot produce evidence of an existing escrow account, or refuses to accept funds.\u00a0 If this happens, turn that front door to their office, into a revolving one…and move on to your next option.<\/p>\n Visa Attorneys – Additional Considerations<\/span><\/strong><\/p>\n Wow!\u00a0 Probably no specialized field in Ecuador requires more \u201chands on\u201d experience than being a visa attorney.\u00a0 While much more difficult to clearly categorize, you need to be certain that your visa attorney has the proper connections with the Immigration office and the various departments responsible for approving your visa application.\u00a0 In Ecuador, candidly, this is more a business of who you know, than what you know.\u00a0 It can be the difference in turning a 3 month process, into a 3 week process…and vice-versa.\u00a0 Do not be afraid to ask your perspective visa attorney for details on who their points of contact (POC) are with the various corresponding government agencies?\u00a0 How long have they worked with said contacts?\u00a0 How responsive have those contacts been…recently…very recently?\u00a0 I have seen the ever increasing stacks of visa applications.\u00a0 Trust me, you don\u2019t want to be moved to the bottom of the pile.<\/p>\n Additionally, a good visa attorney should be prepared with a well-prepared \u201cPlan B\u201d.\u00a0 So, what happens if you don\u2019t get approved?\u00a0 What is the appeal process?\u00a0 What strategy does your attorney suggest you explore next?\u00a0 A good visa attorney will provide details of these \u201cbreak glass, in case of emergency\u201d options.\u00a0 If they can\u2019t provide a game plan, then I would question how long they have been in the \u201cvisa gig\u201d.\u00a0 This is not a field you want to entrust your fate to someone just cutting their teeth in the industry.<\/p>\n If you follow these basic considerations, I cannot assure you of a smooth, let alone ideal, legal experience.\u00a0 I can assure you that you will maximize your advantages in locating the right legal counsel, for your specific needs, location and personality.\u00a0 Locating solid legal counsel is not a game you want to leave to chance, or the scales of justice will likely tip against you.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" There is nothing mutually exclusive about selecting a well qualified real estate attorney and visa attorney in Ecuador.\u00a0 In fact, while still the exception, there are some excellent legal firms that can well represent an expat looking for both real estate and visa services, from one central legal source.\u00a0 Many of the positive qualifications you 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