the Lawyers will be able to get a solid share of winning their customers (that is, in reality by the lawyers themselves struggling for customers) amount. Offer may be tempting for those citizens, whose business is good, but the money to start a judicial process. In this case, the defender can attract with promises of big financial success in the future.
President of the Federal chamber of lawyers: lawyers must minimize the number of conflicts in the society
As said at the time, the Chairman of the Duma Committee on state building and legislation Pavel Krasheninnikov, this mechanism allows to obtain qualified legal assistance to citizens at the time of conclusion of the agreement with a lawyer, have limited funds, but if you win you will be able to pay the outstanding attorney award.
In turn, the President of the Federal chamber of advocates Yury Pilipenko said: “We can take his victory for the institutionalization of the law on advocacy “success fee”. Now for lawyers, this Institute is absolutely legitimate”.
the Rules contain several requirements when applying the “success fee”. For example, the condition of the conditional rewards (that is, depending on the result, to put it simply, the success fee) is assumed to be reasonable and justified.
Clients should understand that the inclusion in the agreement of provisions on “success fee” is not a guarantee or promise a positive result of legal assistance. The agreement should clearly define the result of the provision of legal aid lawyer that caused the payment of remuneration.
One part of the remuneration can be determined, and the other to be paid to the lawyer regardless of the result of legal assistance, including up front. For example, the fee is so many plus twenty percent of the collected amounts. At the same time “success fee” cannot be required in advance. Like, I promise to win you a million, but half of it you have to pay now. So it is impossible.
“success Fees” can not be applied in cases of legal assistance on Affairs about administrative offences and criminal cases.
the Ministry of justice proposed measures to support the legal profession in the period of mode isolation
“terms of use “success fee” has obliged us to take the legislator – said Vice-President of FPA Michael Tolcheev. – This tool expects active use, which is possible only in the manner approved by the Federal chamber of lawyers of the Russian Federation”.
the Hard forms of contract not subject to the rules, the parties can negotiate convenient terms and conditions.
