Fees for Lawyers: Ruling No. 10464 of 2024 on the Promise of Payment

The recent ruling No. 10464 of April 17, 2024, by the Court of Cassation provides significant insights regarding the fees owed to lawyers for judicial services. The decision, issued with reference to a specific case, clarifies the importance of the promise of payment and the related burden of proof, a topic of considerable interest for legal practitioners and clients seeking legal services.

The Context of the Ruling

In the case at hand, the Court accepted the appeal of G. (G. R.) against M. regarding a dispute over the fees owed for legal services. The dispute arose following a court order issued in favor of one of the two lawyers involved, and the central issue was whether the promise of payment had any effect on the evidence to be presented.

The Court established that the promise of payment implies a procedural abstraction of the case, shifting the burden of proof from the creditor to the debtor. In practical terms, this means that if the client promises to pay, the lawyer does not need to demonstrate the existence of the collaborative relationship, unless the debtor proves otherwise.

Key Point of the Ruling

Generally. In the matter of fees owed by the client to the lawyer for civil judicial services, the promise of payment entails the procedural abstraction of the case, meaning it relieves the recipient of the statement from the burden of proving the existence of the fundamental relationship, which is presumed until proven otherwise, placing the burden on the debtor to prove that the relationship never arose, is invalid, or has been extinguished. (In this instance, the Supreme Court accepted the appeal against the ruling which, despite the presence of a promise of payment related to the defense provided by two lawyers in the same civil proceedings, had upheld the opposition to the court order issued in favor of only one of the defenders, for failing to prove the performance of the services rendered).

Implications and Legal References

This ruling is particularly relevant for several reasons:

  • It establishes an important precedent for lawyers' rights regarding fees.
  • It clarifies the burden of proof, making it more difficult for the debtor to contest the validity of the promise of payment.
  • It strengthens the position of lawyers, who can now rely on greater legal protection in the event of disputes over fees.

The legal references cited in the ruling, such as Article 1988 and Article 2697 of the Civil Code, provide a solid legal framework for understanding the issue. These norms outline the general principles regarding obligations and burdens of proof, confirming the orientation of the Court of Cassation.

Conclusions

In conclusion, ruling No. 10464 of 2024 represents a significant step forward in protecting lawyers' rights regarding fees. Through this decision, the Court of Cassation reaffirmed the importance of the promise of payment and clearly established the responsibilities of each party. It is essential for lawyers and clients to be aware of these dynamics in order to avoid future disputes and ensure a fruitful collaboration that respects current regulations.

Bianucci Law Firm