The final decision regarding the amount that former Attorney General of Spain Álvaro García Ortiz must pay to the partner of the Madrid Community president Isabel Díaz Ayuso will soon depend on the opinion of the Madrid Bar Association (ICAM). This organization is responsible for preparing an expert assessment on the validity and size of the legal costs incurred by the prosecution in the case against the prosecutor.
The situation is complicated by the fact that ICAM previously served as the prosecution in the case, and now must assess whether the reported expenses are fair and reasonable. By law, the association’s opinion is not binding for the court, but it must be requested if one of the parties disputes the amount. In this instance, the costs include attorney fees, prosecutorial services, payment for experts, and other expenses incurred after the lawsuit was filed in the spring of 2024.
Legal expenses
The Supreme Court of Spain found García Ortiz guilty of disclosing official secrets. The judges determined that he leaked information related to the defense of Alberto González Amador, Ayuso’s partner, and published a press release that was deemed a violation of the law. As a result, the prosecutor was fined €7,200 and ordered to pay €10,000 in compensation to the businessman, who was accused of tax fraud.
In addition to the fine and compensation, the court ordered García Ortiz to pay all legal costs incurred by the private prosecution. This includes not only the fees of attorney Gabriel Rodríguez Ramos, but also expenses for the prosecutor’s services, expert witness fees, transportation costs for witnesses, and other related expenses. However, the exact amount has not yet been determined — it will be known only after the lawyer submits a detailed breakdown of expenses to the Supreme Court.
Procedure for determining the amount
There are no clear tariffs or tables for calculating legal costs in Spain. In 2023, the Supreme Court revoked the ability of bar associations to establish suggested guidelines, citing a decision by the National Commission for Markets and Competition (CNMC). In 2024, the government passed a new law allowing professional associations to publish guideline rates, but this issue remains unresolved — the Supreme Court has yet to make a final decision.
According to expert estimates, the legal costs in this case are unlikely to exceed a third of the compensation amount, that is, about three thousand euros. However, other calculation options are possible, as the court takes many factors into account in each case. If García Ortiz does not agree with the proposed amount, he can challenge it, and the issue would then be reviewed by ICAM.
ICAM expert report
The Madrid Bar Association will prepare an expert opinion to assess whether the claimed amount aligns with market standards and common practice. This opinion will not be binding for the court but must be taken into account when issuing a decision. The final say will belong to the Supreme Court’s criminal law clerk, and in case of disagreement—to the panel of judges who handled the García Ortiz case.
Therefore, the process of determining the amount of legal costs may be prolonged if the parties fail to reach an agreement. In any case, the ICAM decision will become a significant milestone in this high-profile case involving information leaks and a conflict between the prosecution and the entourage of the head of the Madrid Community.
Consequences for the parties
Paying legal costs is not the only consequence García Ortiz faces. In addition to a fine and compensation, he is required to cover all expenses related to the defense of Ayuso’s partner. For Alberto González Amador, this means the possibility of recovering all costs incurred during the legal proceedings.
At the same time, the legal cost calculation process in Spain remains unresolved. In the absence of clear criteria and rates, each case requires individual consideration and expert evaluation. This creates additional challenges for all parties involved and can lead to prolonged disputes.
In case you didn’t know, ICAM is one of the oldest and largest bar associations in Spain, bringing together thousands of lawyers from Madrid. The organization is actively engaged in public life, advocates for professional interests, and provides expert support in complex legal matters. In recent years, ICAM has often been involved in high-profile court cases related to politics and government institutions.
