Order No. 10430 of 2024: Clarifications on Professional Fees and Waiver of Rights

The recent order No. 10430, issued on April 17, 2024, by the Court of Cassation, offers significant insights for understanding the qualification of payment requests by professionals. In particular, the case of M. (MARCHI LUCA) against G. has highlighted the sensitivity of the issue concerning the waiver of professional fees and the correct interpretation of communications sent during legal proceedings.

Context of the Ruling

The Court ruled on the validity of a letter requesting payment "in full settlement of all amounts accrued up to that date." It is crucial to understand that, in the absence of a clear intention by the professional to waive their rights, such a communication is not to be considered a waiver of due fees. This principle is of vital importance for legal professionals and their clients, as it establishes clear limits on the possibility of fragmenting the indivisible nature of professional services.

Meaning of the Principle

In general. A letter containing a request for payment "in full settlement of all amounts accrued up to that date" (in this case, sent during legal proceedings), in the absence of a more unequivocal intention to relinquish rights by the professional, does not have the effect of a dispositive act and waiver of any further claims and specific rights in execution of the legal representation mandate, as it is not permissible to fragment the indivisible nature of professional services.

This principle underscores the importance of clear and unequivocal communication from the professional. If intentions to waive rights are not explicitly stated, the mere sending of a payment request cannot be interpreted as a concession of rights. This principle is based on the relevant regulations, such as Articles 2233 and 2234 of the Civil Code, which govern professional fees and the methods of fulfilling obligations.

Implications for Professionals

The implications of this order are manifold:

• The need for clear and detailed communications to avoid misunderstandings.
• Recognition of the indivisible nature of professional services, which cannot be fragmented without a clear intention from the professional.
• The importance of proper management of payment requests during the course of litigation.

These elements are essential not only for legal professionals but also for their clients, who must be aware of their rights and how expectations regarding fees are managed.

Conclusions

In conclusion, order No. 10430 of 2024 represents a significant step forward in clarifying professional relationships and protecting the rights of professionals. It reminds us of the importance of clear communication and the need to formalize one's intentions regarding due fees. This not only protects the professional's rights but also ensures greater transparency in the relationships between lawyers and clients.