Costa Rica has separate complaint systems depending on what happened and in what capacity the professional was acting. A complaint about work done as an attorney goes to the Fiscalía of the Colegio de Abogados y Abogadas. A complaint about work done as a notary goes instead to the Dirección Nacional de Notariado or the Juzgado Notarial. Filing in the wrong one does not get forwarded. It gets rejected.
This is the distinction most foreign clients get wrong, and it matters because the same person often holds both roles.
Which body handles what
| What happened | Where it goes |
| Conduct in the practice of law such as advice, representation, ethics | Fiscalía, Colegio de Abogados y Abogadas |
| Conduct in the notarial function such as deeds, the protocol, the security paper | Dirección Nacional de Notariado or Juzgado Notarial |
| Financial loss you want recovered | Civil courts, and the notary's mandatory liability policy where applicable |
| Suspected fraud or theft | OIJ, as a criminal complaint before the Prosecution Office |
These are not alternatives to choose between. A single incident can properly generate more than one, and they run independently of each other and/or in parallel.
Before filing anything, establish which hat the professional was wearing when the problem occurred. In case of a real estate transaction for example: drafting your purchase agreement is the practice of law and executing the transfer deed is the notarial function. Acting unethically or breaking the law in a transaction can imply both.
What can be reported to the Fiscalía?
Ethical violations committed by attorneys in the private practice of law, as well as negligent professional conduct, may be reported. These matters are regulated by both the Organic Law of the Costa Rican Bar Association and the Code of Legal, Moral, and Ethical Duties of Legal Professionals.
| Examples of Reportable Attorney Conducts |
| Lack of integrity or honesty |
| Poor or improper legal advice |
| Excessive or illegitimate legal fees |
| Failure to provide information regarding a matter being handled by the attorney |
| Disrespect toward clients, colleagues, or authorities |
| Breach of loyalty in the attorney-client relationship |
| Lack of responsibility, including failure to attend hearings |
| Lack of diligence or punctuality |
| Other conduct related to the professional practice of law that may constitute an ethical or professional violation |
How to file with the Colegio de Abogados y Abogadas?
Any person may file a complaint against an attorney who has breached professional ethics rules, and the Fiscalía processes complaints brought by users of legal services. More information is available with the Colegio’s Fiscalía: https://www.abogados.or.cr/fiscalia/
Practical points worth knowing in advance:
- The professional must be duly registered with the Colegio. If they are not, this route does not exist and the matter is a criminal or civil one.
- A complaint filed in person at the Colegio's offices does not need to be authenticated. If it is authenticated by an attorney, it requires the corresponding stamps.
- Complaints can be filed at the central office in Zapote, San José, or at regional offices.
- The Colegio does not investigate a professional's private life, nor acts performed in the capacity of a public official.
What are the requirements to file a complaint?
| Essential requirements to file a complaint |
| The facts being reported must relate to legal practice, such as court or administrative proceedings, improper legal advice, negligence, ethical misconduct, or similar professional matters. |
| The complaint must be filed personally, through an authorized representative, or otherwise be authenticated by an attorney. It may also be filed orally, in which case the complainant must appear in person, properly identified and with the required information, at the nearest Bar Association office, whether central or regional. |
| The facts must be presented chronologically, explaining the circumstances of manner, time, and place: what happened, how it happened, and when it happened. |
| The complaint must state the relief or outcome sought, such as obtaining documents, reimbursement of money, or disciplinary sanctions against the attorney if responsibility is established. |
| A valid method for receiving notices must be provided. Authorized methods include fax, email, or formal notice through the official record system. |
| Evidence supporting the complaint must be submitted, whether documentary and/or testimonial. Copies of the complaint and supporting evidence must be included, with one complete set of copies for each attorney being reported. |
| The complaint must identify both parties, including the complainant’s full name and personal details, as well as the attorney’s name and, if available, Bar membership number, identification number, physical address, email addresses, and telephone numbers. |
What happens after you file?
The process begins with the complaint, which is investigated by the Fiscal acting as instructor. Once filed, the Fiscal elevates it to the governing board, which decides whether to process it or reject it outright. After evidence and statements are gathered, the Fiscal submits a report for resolution, and sanctions are applied where warranted.
As complainant, you have the right to be kept informed of the progress of the case.
What a suspension actually trigger?
This is worth knowing even if you never file anything. When the Colegio suspends an attorney, the Judicial Branch notifies that attorney's clients personally in any pending matter, and procedural deadlines do not run for the following fifteen days so that each client can arrange to protect their interests. The protection is real, and it only exists for attorneys inside the system. It is one more reason to verify registration before engaging anyone.
You can check whether an attorney has been suspended through the Colegio’s public lookup. You can search by typing the name or affiliation number. https://www.abogados.or.cr/consultaagremiados/
The notarial route, and the insurance behind it
The Dirección Nacional de Notariado authorizes, supervises and sanctions notaries, and can open administrative proceedings against them. Notarial discipline is resolved through its own tribunal.
Professional liability insurance is a prerequisite for notarial authorization. The practical implication for you is direct: if the notary's policy has lapsed, a favourable outcome may have nothing behind it. That is why the policy check belongs before the engagement, not after the problem.
What is a notary's liability insurance, and what does it actually cover?
Every practising notary in Costa Rica must carry professional civil liability insurance. It became a statutory requirement under Law 10057, published in the official gazette La Gaceta on 16 November 2021, which amended Articles 4 and 9 of the Notarial Code and added subsection (e) to Article 13.
The law states its own purpose: to guarantee the parties and third parties the payment of compensation for damages caused in the exercise of the notarial function, once civil liability has been duly established.
| Features that matter to a Client | What the law establishes |
| Who issues it | An insurer authorised by the Superintendencia General de Seguros de Costa Rica, purchased on an annual basis |
| Who is liable | The individual notary. Liability is not collective and not joint and several — one notary's policy does not cover another's conduct |
| Minimum coverage | The equivalent of 55 salarios base of an "oficinista 1" as defined in Article 2 of Law 7337, per policy period |
| Reporting | The notary must report annual payment of the policy to the Dirección Nacional de Notariado one calendar month before the previous year's annual expiry |
The salario base is a reference figure updated each year, so the minimum coverage amount changes annually. As of 2026, 55 salarios base is approximately 25,421,000.00 colones.
Why "individual, not collective" changes what you should check?
Before Law 10057, protection operated through the Fondo de Garantía Notarial, a collective guarantee fund. The law wound that arrangement down: notaries were entitled to withdraw their individual contributions plus the financial returns generated, and coverage moved to individual annual policies.
The practical consequence for a client is direct. There is no longer a collective fund standing behind a notary whose own policy has lapsed. Coverage is individual, it depends on one payment made by one person, and it is verifiable in advance.
This is also why guidance written before 2022 is no longer accurate on this point.
How do I check it?
Coverage status is verifiable through the Dirección Nacional de Notariado's public lookup, alongside the notary's authorisation status. The check takes minutes and should happen before the engagement, not after a problem. Questions about the policy regime can be directed to the Dirección Nacional de Notariado at tramites@dnn.go.cr.
What should I preserve before filing anything?
If you suspect a problem, keep the following before raising it:
- The engagement terms and every fee communication
- Invoices and payment confirmations
- All wire confirmations and escrow instructions
- The registry reports and due diligence findings you were given
- Copies of every deed and the notary's identifying details
- The full communication record, including messaging apps
Complaint processes and civil claims both turn on documentation. Reconstructing it after the relationship has broken down is considerably harder.
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Last updated: September 14, 2026. Written by Gonzalo Rojas Benavides, Founding Partner, Colegio de Abogados de Costa Rica No. 17310. E-mail: grb@quatro.legal
This page describes general procedure in Costa Rica and is not legal advice. Requirements change and vary by case. Confirm current requirements before relying on any timeline or document list here.
Disclaimer: The information provided in this resource is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.
