Contingency Fee Agreement In Italiano

It therefore appears that contingency agreements may be valid, provided that the costs in question are not measured on the basis of part of the asset in dispute (in the light of the prohibition in paragraph 4), but on the basis of a percentage of that asset. Following the recent reform of the legal profession introduced by Law No. 247 of 2012, a number of questions of interpretation have been raised on certain critical points, in particular on the issue of so-called occasional fee agreements. Le “contingency fees” sono ormai standardizzate nei casi di responsabilità civile, mentre sono meno utilizzate in altri tipi di cause. Subsequently, the so-called Bersani Act had amended the third paragraph of art. 2233 cc, which now provides that agreements between lawyers and their clients on fees are void and unassyed, unless they are concluded in writing. As you know, until a few years ago, Italy banned agreements on success fees, as provided for in Article 2233(3) of the Civil Code: lawyers, prosecutors and lawyers cannot conclude agreements with their clients on the assets that are the subject of the disputes for which they have been recruited. Such an agreement, concluded by the latter, is null and void and justifies compensation for damages. Article 13(4) of Law 247/12 now expressly provides that agreements by which the lawyer receives all or part of the assets in dispute as compensation are prohibited. However, as regards lawyers` fees, Article 13(2) notes that lawyers` fees are generally agreed in writing when lawyers are recruited, the complexity of the case and, in the event of a trial, the pre-ordered costs and the duration of the case.

In England, Lite`s share must not exceed 100% of normal fees; in the United States, the lawyer instead receives a percentage of the compensation he received for the benefit of his client. In 2004, tariff quotas were authorized in Australia, Brazil, Canada, the Dominican Republic, France, Greece, Ireland, Japan, New Zealand, the United Kingdom and the United States. Recently, they have also been introduced in Belgium and Italy (cf. Bersani Decree of 2006). . . .