| 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 trustworthy and professional
attorney.
Your attorney can help you understand the complexities of
the Costa Rican legal system, which is based on Napoleonic
law. You are guilty until proven innocent, just the opposite
of the system in the United States. 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 bilingual. The secretary should be bilingual too (Spanish/English).
This helps avoid communication problems and 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,
paperwork moves slowly in Costa Rica, so you do not 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 specialty. 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 is 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 more
than 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 by 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 Association of Residents of Costa Rica (ARCR) for assistance,
or you can ask a friend for a recommendation.
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
does not mean he is good. Likewise, you should not select
an attorney because his fees are low. When hiring a lawyer
to do a job it is advisable to pay a third to a half up front,
with the balance to be paid when the job is completed. If
the attorney insists on more than 50 percent up front, you
should get another attorney.
Check with the Costa Rican version of the Bar Association
(El Colegio de Abogados) http://www.abogados.or.cr
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 for this service. There
is even a lawyer who works with them on the premises.
Do not 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 types
of power of attorney at any time.
If a foreigner lives or has assets in Costa Rica he or she
should have a will. Your lawyer can help you with this.
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 guide may be purchased from Costa Rica Books (see Chapter
12 for the details). If you have any questions, contact Mr.
Peterson at: Tel: 233-5219, Fax: 233-2507 or
E-mail: crlaws@racsa.co.cr
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.
We suggest you also purchase The Easy Guide to the Costa
Rican Legal System when it is released in 2007. It was
written in conjunction Adolfo Garcia who is in our opinion
one of the best legal minds in Costa Rica. This guide will
simplify Costa Rica's often confusing legal system, clear
up many of your questions and be very user-friendly.
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:
Adolfo García
Friendly and astute Tel: 201-0300 / Cel: 381-3562
Lic. José Fernando Carter Vargas
P.O. Box 5482-1000, San José, Costa RicaTel: 257-6646 / Fax: 258-4101,
E-mail: jfcarter@racsa.co.cr
Lic. Ruhal Barrientos Saborio
Apdo. 5576-1000. San José, Costa Rica. Tel: 011-(506)
222-7614 / Cel: 381-5580
Lic. Henry Lang
Tel: 204-7871 / Fax: 204-7872. http://www.langcr.com
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