Professional Fees: Commentary on Ordinance No. 19228 of 2024

The recent intervention by the Court of Cassation with Ordinance No. 19228 of July 12, 2024, offers an important reflection on professional fees for services rendered in extrajudicial matters and in civil and criminal proceedings. This ruling highlights the distinction between ordinary and special proceedings, emphasizing the importance of correctly qualifying the procedure to be followed.

The Regulatory Context and the Ruling

The Court of Cassation, in its judgment, established that in cases of requests for professional fees, the special procedure provided by Article 14 of Legislative Decree No. 150 of 2011 cannot be applied. Therefore, the procedure to be followed is the ordinary cognizance procedure or, alternatively, the summary cognizance procedure pursuant to Article 702-bis of the Civil Procedure Code. This decision has profound effects on the management of disputes related to professional fees.

Professional fees for services rendered in extrajudicial matters and in civil and criminal proceedings - Applicable procedure - Procedure under Article 14, Legislative Decree No. 150 of 2011 - Exclusion - Consequences. In the proceedings for obtaining fees for professional services rendered in extrajudicial matters and in civil and criminal proceedings, the special procedure for the liquidation of lawyer fees is not applicable, but rather the ordinary cognizance procedure or, alternatively, the summary cognizance procedure pursuant to Article 702-bis of the Civil Procedure Code before the court in a single-member composition, as the dispute does not fall within the predictive scope of Article 14 of Legislative Decree No. 150 of 2011, which, by virtue of the reference to Article 28 of Law No. 794 of 1942, contemplates the summary cognizance procedure only for judgments concerning the liquidation of fees for judicial services rendered in civil matters. Therefore, in the case of incorrect qualification of the procedure in terms of Article 14, the related judgment is null since such qualification affects the right of defense, resulting in the party losing a degree of judgment granted by law.

The Practical Implications of the Ruling

This decision not only clarifies the regulatory framework but also has significant practical implications for lawyers and clients. It is essential that the parties involved understand the distinction between the various types of procedures to avoid mistakes that could compromise the right of defense. Among the most relevant consequences, we can highlight:

  • The necessity to rely on the ordinary or summary cognizance procedure for requests for extrajudicial fees.
  • The possibility of annulment of the judgment in case of incorrect qualification of the procedure.
  • Protection of the right of defense, ensuring that parties do not lose degrees of judgment recognized by law.

Conclusions

In conclusion, Ordinance No. 19228 of 2024 provides an important guide for managing disputes related to professional fees. A correct understanding of the applicable rules and procedures is essential not only to ensure respect for the rights of the parties but also to protect the professionalism of lawyers. It is crucial that all legal practitioners pay attention to these details to avoid future issues and ensure fair and effective justice.

Bianucci Law Firm