The TSJ of Madrid limits the role of the external lawyer in the interrogation of the parties
The High Court of Justice of Madrid, in Ruling 449/2025 of 11 June 2025, has declared that the interrogation of a party at trial cannot be carried out by an external lawyer of the company, unless he or she also has representative powers within the company's organisational structure and direct knowledge of the facts. The Chamber recalls that, in accordance with articles 91.3 and 91.5 LRJS, the confession can only be made by a legal representative or manager who has been involved in the disputed facts.
The court annulled the lower court's judgment, which had considered the employee's claims to be proven by ficta confessio, as it was based on answers given by the company's counsel. This decision, if confirmed by the Supreme Court, could substantially change the procedural practice in the social order, obliging companies to send persons with powers and direct knowledge of the facts to each trial.
The SCJ marks an important change in labour procedural practice in that the external lawyer cannot replace the legal representative of the company in the interrogation of the party, even if he/she has procedural power. Only those who are part of the organisational structure of the company and have first-hand knowledge of the facts can validly confess.
The ruling is a practical warning: companies must ensure that someone with powers and knowledge of the facts attends the trial in addition to the lawyer, to avoid their allegations being taken as acknowledged to their own detriment.
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