Key data
| Regulation | Royal Decree 824/2026, of October 14 |
|---|---|
| Publication | October 15, 2026 |
| Entry into force | October 15, 2026 |
| Affected parties | Lawyers, solicitors, professional associations and legal aid beneficiaries |
| Category | Regulatory Changes |
| Fiscal year | 2026 |
| Regulation modified | Royal Decree 141/2021, of March 9 (Legal aid assistance regulation) |
| Regulation repealed | Order PJC/281/2025 (amounts integrated into the new annex) |
Lawyers and solicitors providing legal aid assistance in Spain are introducing a new remuneration framework as of October 15, 2026. The Royal Decree 824/2026 modifies annexes II and III of the Legal Aid Assistance Regulation (approved by RD 141/2021) and responds to two major prior legislative changes: the Organic Law 1/2025 on the efficiency of the public justice service and the Organic Law 5/2024 on the Right to Defense.
The most immediate change for any firm or duty roster professional: the modules are updated, new remuneration concepts appear, and Order PJC/281/2025 is repealed as its amounts are integrated into the new annex.
What does this regulation establish?
RD 824/2026 acts on annexes II and III of the Legal Aid Assistance Regulation and introduces four major blocks of changes:
1. New remuneration modules for MASC
Organic Law 1/2025 made alternative dispute resolution means (MASC) a procedural requirement in declarative civil proceedings: before going to court, parties must attempt to resolve the dispute through extrajudicial means. RD 824/2026 creates specific economic compensation for lawyers assisting their clients in these MASC procedures, thus recognizing an activity that previously had no dedicated module.
2. Out-of-court settlement incentive: from 75% to 125%
When the matter is resolved through extrajudicial settlement, lawyer compensation increases from 75% to 125% of the procedure amount. The objective is clear: to provide economic incentive for disputes to be resolved without going to trial, relieving the burden on courts.
3. Expansion of protected groups
Legal aid assistance coverage is expanded to the following vulnerable groups:
- Victims of gender-based violence
- Victims of terrorism
- Victims of human trafficking
- Victims of sexual offenses
- Persons with disabilities who are victims of certain crimes
4. Modules for insolvent legal entities in criminal proceedings
In application of Organic Law 5/2024 on the Right to Defense, specific modules are incorporated for assistance to insolvent legal entities in criminal proceedings, a situation that until now lacked its own remuneration regulation.
Comparison: before and after
| Concept | Before (RD 141/2021 + Order PJC/281/2025) | After (RD 824/2026) |
|---|---|---|
| Compensation for out-of-court settlement (settlement) | 75% of the procedure amount | 125% of the procedure amount |
| Modules for assistance in MASC | Did not exist | New specific modules incorporated |
| Modules for insolvent legal entities (criminal) | Did not exist | New modules incorporated (OL 5/2024) |
| Vulnerable groups covered | More limited prior coverage | Expanded to victims of gender-based violence, terrorism, trafficking, sexual offenses and persons with disabilities who are victims of certain crimes |
| Order PJC/281/2025 | In force | Repealed (amounts integrated into the new annex) |
Economic and operational impact
For duty roster lawyers, the impact is twofold: more potential work (MASC generates a pre-trial phase that now has its own module) and better remuneration when the matter closes without trial (the jump from 75% to 125% represents a 50 percentage point increase on the procedure amount).
For bar associations and solicitor associations, administrative management is simplified: the repeal of Order PJC/281/2025 eliminates the need to apply two regulations in parallel, as all amounts are integrated into the new annex of RD 824/2026.
For citizen beneficiaries, the expansion of covered groups means that more people in vulnerable situations will have access to legal representation financed by the State.
From an operational perspective, firms and professionals participating in MASC procedures must ensure they understand the new remuneration modules to bill correctly to the association or competent administration.
Who does it affect?
- Duty roster lawyers: new MASC modules, new settlement compensation, expansion of assisted groups.
- Duty roster solicitors: update of compensation bases in annexes II and III.
- Bar associations and solicitor associations: management of new modules and repeal of Order PJC/281/2025.
- Insolvent legal entities in criminal proceedings: access to legal assistance with its own remuneration module.
- Victims of gender-based violence, terrorism, human trafficking, sexual offenses and persons with disabilities who are victims of certain crimes: expansion of their legal aid coverage.
- Public administrations competent in legal aid matters: adaptation of settlement systems to the new annex.
Practical example
A duty roster lawyer assists a victim of gender-based violence in a declarative civil proceeding with an amount of €10,000.
Scenario A — The matter goes to trial: The lawyer is paid according to the updated modules of the new annex II of RD 824/2026, with no changes compared to the previous scheme in this phase.
Scenario B — The matter is resolved in the MASC phase (before trial): The lawyer is entitled to specific compensation for assistance in MASC, a new remuneration concept that did not previously exist.
Scenario C — The matter closes with an out-of-court settlement (settlement): With the previous regulation, compensation was 75% of €10,000 = €7,500. With RD 824/2026, compensation increases to 125% of €10,000 = €12,500. The difference: €5,000 more for the same matter resolved without trial.
This example illustrates the real economic incentive that the regulation introduces for professionals to actively promote extrajudicial conflict resolution.
What should professionals do now?
- Review the new annexes II and III of RD 824/2026: Locate the updated modules that apply to your jurisdiction and type of proceeding. The official reference is BOE-A-2026-21445.
- Stop applying Order PJC/281/2025: It is repealed as of 15/10/2026. Using its amounts in subsequent settlements would be an administrative error.
- Identify MASC procedures in your portfolio: If you are already assisting clients in MASC phases, check if you are entitled to the new remuneration modules and apply them in your next settlement with the association.
- Update matter acceptance criteria: The new 125% incentive for out-of-court settlement changes the economic calculation of matters. Consider whether it is advisable to more actively promote the settlement route.
- Verify coverage of new groups: If you receive requests for assistance from victims of terrorism, trafficking, sexual offenses or persons with disabilities who are victims of certain crimes, confirm with your association that coverage is already operational.
- Professional associations: Update management and settlement systems to reflect the new modules and the repeal of Order PJC/281/2025 before the next periodic settlement.
Frequently asked questions
How much does a duty roster lawyer earn now for achieving an out-of-court settlement?
With RD 824/2026, compensation for extrajudicial settlement is 125% of the procedure amount. Previously it was 75%. For a matter of €10,000, compensation increases from €7,500 to €12,500, an increase of €5,000.
What are MASC and why do they now have their own remuneration module?
MASC (alternative dispute resolution means) are extrajudicial procedures —mediation, conciliation, negotiation— that Organic Law 1/2025 on judicial efficiency made a procedural requirement in declarative civil proceedings: they must be attempted before going to court. Since they are now mandatory, RD 824/2026 creates specific remuneration modules for lawyers assisting their clients in this phase.
Is Order PJC/281/2025 still in force?
No. Order PJC/281/2025 is repealed as of October 15, 2026, the date RD 824/2026 enters into force. Its amounts have been integrated directly into the new annex of the regulation, so there is no loss of content, only of regulatory reference.
Do insolvent legal entities now have access to free legal defense in criminal proceedings?
Yes. RD 824/2026, in application of Organic Law 5/2024 on the Right to Defense, incorporates specific modules for assistance to insolvent legal entities in criminal proceedings, a situation that until now lacked its own remuneration regulation in the legal aid system.
What groups are incorporated as new beneficiaries of legal aid with this decree?
RD 824/2026 expands coverage to: victims of gender-based violence, victims of terrorism, victims of human trafficking, victims of sexual offenses and persons with disabilities who are victims of certain crimes.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-21445
