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Francisco Borja Abogado
Office in Guayaquil, serves Pascuales, Ecuador
Consultation $200 for 1 hour

Founded in 2022
10 people in their team
Spanish
Portuguese
English
Italian
French
Accidents & Injuries Civil & Human Rights Criminal Defense +1 more
Francisco Borja, MD, LL.M. | Premier Medical Malpractice, Healthcare Law, Personal Injury & Complex Litigation Attorney in Guayaquil & EcuadorHeadquartered in Kennedy Norte, Guayaquil, with nationwide practice across Ecuador, Dr. Francisco Borja offers an unmatched dual expertise as both a...
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Ecuador Legal Questions answered by Lawyers

Browse our 17 legal questions in Ecuador and read the lawyer answers, or ask your own questions for free.

Tengo arrendado un local y quiero terminar el contrato por falta de pago, pero no notaricé el contrato. ¿Qué hago?
Real Estate
Tengo arrendado un local y quiero terminar el contrato por falta de pago, pero no notaricé el contrato. ¿Qué hago?
Lawyer answer by Francisco Borja Abogado

Estimado señor o señora, mi nombre es Francisco Borja y soy abogado en Guayaquil. Hablo español e inglés, y con gusto le oriento. La falta de notarización no le impide terminar el contrato. El arrendamiento es un contrato consensual, es...

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1 answer •
DIVORCIO
Family
Consulta sobre divorcio
Lawyer answer by Concepto Abogados

En Ecuador, el divorcio puede realizarse de dos maneras: 1. Por mutuo acuerdo: Cuando ambos cónyuges desean divorciarse. Puede tramitarse ante una notaría, incluso si existen hijos dependientes, siempre que previamente se hayan resuelto los asuntos de alimentos, tenencia y...

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1 answer •
Can I enforce a signed mediation settlement against a defaulting supplier directly in court without filing a full lawsuit?
Lawsuits & Disputes ADR Mediation & Arbitration
We reached a settlement with a logistics supplier through a registered mediation center in Guayaquil, and both sides signed the final agreement. Now the supplier has defaulted on payment and claims we must restart legal proceedings from scratch in civil court. Does this mediation agreement have the same legal effect... Read more →
Lawyer answer by Francisco Borja Abogado

Estimado señor/a, es un gusto saludarle. Mi nombre es Francisco Borja y soy abogado en Guayaquil. Hablo inglés y español, de modo que si usted lo prefiere, con gusto me comunico con usted en el idioma que le resulte más...

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1 answer •

What hiring a lawyer in Pascuales involves

Pascuales is a parish within Guayaquil, so the same Ecuadorian laws and Guayaquil municipal rules apply as elsewhere in the canton. There is no separate parish court system; the competent court or administrative office depends on the issue and its location.

A lawyer will usually first review the facts and documents, identify the relevant procedure, and explain likely costs and risks. Ask whether the lawyer will negotiate, represent you in mediation or court, or handle specific filings only.

Check that the lawyer is registered with Ecuador’s Foro de Abogados, administered by the Consejo de la Judicatura. Before signing, agree in writing on the work covered, fees, expenses, communication, and what happens if the matter takes longer than expected.

Private legal fees are generally agreed with the lawyer, rather than set as one local rate. Ecuador’s Constitution provides for free access to justice, but you may still face expenses such as notarial, registry, expert, or document costs.

When legal help may be useful in Pascuales

  • Property or land disagreements: A lawyer can check a title, review a sale or tenancy agreement, or advise on possession, boundaries, and registration issues involving property in Pascuales.
  • Construction or business permits: Municipal land-use rules, building requirements, or operating permits may affect a home renovation, shop, workshop, or other local business.
  • Family changes: Separation, child support, parenting arrangements, or domestic violence concerns may require court filings or urgent protective measures through the competent Guayaquil authorities.
  • Workplace disputes: Employees and employers may need advice about unpaid wages, dismissal, benefits, workplace injuries, or documenting an employment relationship.
  • Traffic crashes or injuries: A lawyer can help preserve evidence, communicate with insurers, and assess civil claims or criminal proceedings after an incident on local roads.
  • Criminal investigations: If questioned, detained, accused, or harmed by an alleged offence, seek legal advice promptly. A lawyer can explain your rights and the role of the Fiscalía and courts.

National laws that apply in Pascuales

Ecuador has a national legal system, so these laws apply in Pascuales as well as throughout the country. Which rules matter depends on whether the issue is civil, criminal, procedural, or administrative.

  • Constitution of the Republic of Ecuador: Published in Official Register No. 449 on October 20, 2008. It establishes fundamental rights, access to justice, and the structure of public institutions.
  • Organic General Code of Proceedings (COGEP): Published in Official Register Supplement No. 506 on May 22, 2015, and generally effective from May 23, 2016. It governs civil and other non-criminal court procedure, subject to rules for particular matters.
  • Comprehensive Organic Criminal Code (COIP): Published in Official Register Supplement No. 180 on February 10, 2014, and effective from August 10, 2014. It defines criminal offences, penalties, and criminal procedure.

Frequently asked questions

Do I need a lawyer for a legal problem in Pascuales?

Not every issue requires private counsel, but court cases, criminal investigations, significant property transactions, and contested family matters can carry serious consequences. A short consultation can clarify whether you can handle a step yourself or should retain representation.

Where will a case from Pascuales be heard?

The competent court or authority depends on the subject, the parties, and where the relevant events occurred. Pascuales is part of Guayaquil, but a case is not necessarily heard in an office located within the parish.

How can I check whether a lawyer is authorized to practise?

Ask for the lawyer’s full name and registration details, then check the Foro de Abogados through the Consejo de la Judicatura. Confirm that the person you hire is the registered lawyer who will handle your matter.

How much does a lawyer cost in Pascuales?

There is no single local price for private legal services. Fees depend on the work, complexity, urgency, and whether court representation is included, so request a written breakdown of fees and likely additional expenses before hiring.

Can I get free legal assistance?

The Defensoría Pública provides public legal assistance within its service areas and eligibility criteria. Contact it directly to ask whether it handles your type of matter and what documents or financial information it requires.

How long does a legal case take?

Timing varies with the type of procedure, court workload, evidence, and whether the parties settle or appeal. A lawyer can give a more useful estimate after reviewing the case, but should not promise a particular outcome or completion date.

Can a dispute be resolved through mediation?

Some civil, family, and commercial disputes may be suitable for mediation if the law permits and the parties are willing to participate. A lawyer can assess whether an agreement would be enforceable and whether urgent court action is needed first.

What should I bring to an initial consultation?

Bring identification, contracts, notices, messages, receipts, photos, and any court or municipal documents related to the issue. A dated timeline and the names of people involved can help the lawyer identify missing evidence.

Can a lawyer help with an informal property sale?

Yes. A lawyer can review the documents, check registration and title issues, and explain the steps needed to formalize a transaction. Do not assume that a private agreement alone transfers registered ownership.

Should I contact a lawyer or the Fiscalía after a crime?

The Fiscalía investigates alleged criminal offences and receives reports, while a private lawyer advises and represents you. If you are accused or detained, seek a lawyer promptly; public defense may be available when you qualify.

Is a notary a substitute for a lawyer?

No. A notary performs functions assigned by Ecuadorian law, such as formalizing certain documents, but does not necessarily advise or represent you in a dispute. Ask a lawyer whether the document or transaction also needs legal review.

Official resources

  • Consejo de la Judicatura: Oversees the judiciary and the Foro de Abogados, which can be used to check a lawyer’s registration.
  • Defensoría Pública: Provides legal assistance in covered matters to people who meet its service criteria.
  • Municipality of Guayaquil (GAD Municipal): Handles municipal matters such as local land-use, construction, and business-permit procedures.

Next steps for hiring a lawyer

  1. Write a short case summary. Record key dates, people involved, what happened, and what result you need. Allow about 30 minutes.
  2. Collect relevant records. Gather contracts, identification, messages, notices, and receipts before making appointments. For urgent matters, contact a lawyer first and bring what is available.
  3. Find and verify candidates. Ask for referrals or search legal directories, then check each candidate’s Foro de Abogados registration. Allow one or two days.
  4. Arrange an initial consultation. Ask about experience with the type of issue, likely procedure, risks, and any immediate deadlines. Compare at least two consultations when time permits.
  5. Request written terms. Confirm the scope of work, fees, expenses, payment schedule, and who will handle filings or hearings. Review the agreement before paying or signing.
  6. Provide instructions and keep records. Give the lawyer accurate documents, agree on how updates will be shared, and retain copies of the agreement, receipts, and filings.

Lawzana helps you find the best lawyers and law firms in Pascuales through our directory of legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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