Commentary on Order No. 11523 of 30/04/2024: Obligation to Pay Professional Fees

The recent Order No. 11523 of April 30, 2024, issued by the Court of Cassation, addresses a crucial issue in the legal field: the client's obligation to pay professional fees to the lawyer. This ruling not only clarifies the regulatory framework on the matter, but also provides insights into how legal expenses should be managed and settled.

The Context of the Ruling

The case in question involves M. (G.) and L. (L.R.M.T.) and was originally handled by the Court of Appeal of Venice. The central issue concerns the request for reimbursement of expenses and payment of professional fees by the professional. The order reaffirms the principle that the client is obliged to pay the lawyer the amount determined by the judge, regardless of the decisions made in the main case.

FEES - IN GENERAL Request for reimbursement of expenses and payment of fees made by the professional before the judge - Obligation of the client to pay the professional the amount determined by said judge - Existence - Fees settled in the case in relation to which the professional has performed his work - Irrelevance. The client is obliged, pursuant to Article 61 of Royal Decree Law No. 1578 of 1933, to pay the lawyer and the attorney appointed by him the fees and rights in the amount established specifically for him by the judge before whom the professional has submitted a request for reimbursement of expenses and payment of professional fees, the amount of which must be determined by said judge, regardless of the provisions contained in the ruling that resolved the case to which the requested expenses relate, taking into account the importance of the work performed, the amount of work done by the professional, and the economic and social value of the activity in relation to the intended result.

Implications for Clients and Professionals

This ruling clarifies some fundamental aspects regarding the relationship between client and lawyer. It is crucial for clients to understand that:

  • The payment of fees is not linked to the final outcome of the case, but is determined by the amount of work and the importance of the service rendered.
  • The judge has the task of establishing the amount of the fees, which implies that even in case of dissatisfaction with the service, the client cannot refuse to pay what has been determined.
  • The settlement of legal expenses must follow current regulations, such as those established by Royal Decree No. 1578 of 1933, which are often underestimated in practice.

Conclusions

Order No. 11523 of 2024 represents an important confirmation of the mutual rights and duties between lawyers and clients. The clarity with which the Court of Cassation has addressed the issue of payment of fees should serve as a warning for clients, so that they are aware of their responsibilities. At the same time, it provides protection for professionals, ensuring that their work is adequately recognized and compensated.

Bianucci Law Firm