Commentary on Order No. 11248 of 2024: Fees and Public Contracts

The recent Order No. 11248, issued on April 26, 2024, by the Court of Cassation, offers important insights into the determination of lawyers' fees in administrative disputes concerning public contracts. In particular, the Court has established that such disputes should not be considered as cases of indeterminate value, but must take into account the actual financial effects.

The Regulatory Context

The issue of professional fees is governed by Ministerial Decree No. 55 of 2014, supplemented by Ministerial Decree No. 147 of 2022. In this context, Article 5, paragraph 3, plays a crucial role. It establishes that, for administrative disputes concerning public contracts, it is essential to consider the value of the profit or expected profits of the successful bidder or the excluded party.

Administrative disputes concerning public works and services contracts – Determination of lawyers' fees – Article 5, paragraph 3, of Ministerial Decree No. 55 of 2014, as supplemented by Ministerial Decree No. 147 of 2022 – Category relating to cases of indeterminate value – Applicability – Exclusion – Financial effects of the matter – Relevance. In terms of determining lawyers' fees, administrative disputes concerning public works and services contracts should not be considered as cases of indeterminate value, as Article 5, paragraph 3, of Ministerial Decree No. 55 of 2014, as supplemented by Ministerial Decree No. 147 of 2022, expressly recognizes the relevance of the financial effects of the matter, related to the value of the actual profit or expected profits of the successful bidder or the excluded party.

Implications of the Ruling

The decision of the Court of Cassation clarifies that administrative disputes over public contracts cannot be treated as cases of indeterminate value. This clarification has a significant impact not only on lawyers but also on clients, as the value of the case becomes decisive for setting fees. Furthermore, this implies greater transparency and accountability in determining compensation.

• Clarity in fee determination.
• Importance of financial effects.
• Strengthening of the position of legal professionals.

Conclusions

In conclusion, Order No. 11248 of 2024 marks an important step in the regulation of lawyers' fees in the administrative sphere. It emphasizes the need to consider the financial value of disputes over public contracts and calls on legal practitioners to reduce any ambiguity in determining their professional services. This development represents a starting point for greater clarity and professionalism in the legal field.