Entered into force amendments to the Law “On advocate activity and advocacy in RF” allowed “the success fee”. Photo: Gettyimages
the Lawyers will be able to get a substantial share of their customers awarded amounts. The money will be obtained thanks to the efforts of the lawyers themselves, if they manage to prove in court the innocence of their clients. It is true that such work must be paid.
Often it happens that the right of a citizen is obvious, but he had no money to start a lawsuit. Now you can promise the lawyer’s “success fee”
Offer may be tempting for those citizens whose right, but has no money to wage a legal process. In this case, the defender can attract with promises of big financial success in the future. It’s called “success fee”.
constitutional court confirmed the independence of the bar
At the time the Chairman of the Duma Committee on state construction and legislation Pavel Krasheninnikov said that “success fees” are used in many States and practiced in Russia in the prerevolutionary period. He stressed that this mechanism allows to obtain qualified legal assistance to citizens, which 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 addition, the legislative recognition of “success fees” will allow to provide transparency of the activities of lawyers and to Supplement the budget as the lawyers themselves and the state, – said Pavel Krasheninnikov.
Rules work on a “success fee” shall adopt the Federal chamber of lawyers. Now the document develops specialvelikoletna. obayatelnaya, charming Council working group the Federal chamber of lawyers. The project has already been prepared but not yet adopted.
We tried to create a balanced document that, on the one hand, to help advocates apply the “success fee” without fear of criminal prosecution. And on the other will give the possibility to introduce restrictions, showing that we belong to this institution cautiously and responsibly, aware of all the risks that are associated with it, – said the Advisor of the Federal chamber of Elena Avakian.
In the new Cao has proposed to prescribe penalties for interference with the lawyers
the Board of the chamber decided to extend the work on the document for two months, and before making rules to agreements for the payment of “success fee” to be guided by the provisions of the Code of professional ethics of the lawyer dealing with this issue.
the law States that “success fees” can not be applied in cases of legal assistance on Affairs about administrative offences and criminal cases. According to experts, introduction to the legal field “success fee” at the outset, will greatly facilitate the protection of citizens ‘ rights and access to qualified legal assistance to the poor in need of protection.
the chamber has published a great review of the regulation and practice of “success fee” in various countries. As stated in the review, the “success fee” is a powerful incentive for the lawyer to work as thoroughly as possible in the case of the client. At the same time, foreign lawyers practising in civil cases usually do not take the case on a “success fee” if they do not see the obvious liability of the opposing party, and whether the defendant is the source of payment of the judgment. Simply put, the defender of the case should seem obvious, but a friendAya side – effective. But it is quite logical conditions.