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 offers food for thought on how legal costs should be managed and settled.

Context of the Ruling

The case under review involves M. (G.) and L. (L.R.M.T.) and was originally heard 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 reiterates 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 submitted by the professional before the judge - Client's obligation to pay the professional the amount determined by said judge - Existence - Expenses settled in the case for which the professional performed their work - Irrelevance. The client is obliged, pursuant to art. 61 Royal Decree-Law No. 1578 of 1933, to pay the lawyer and the attorney appointed by them the fees and costs to the extent established in their specific regard by the judge before whom the professional has filed a request for reimbursement of expenses and payment of professional fees, the amount of which is to be determined by said judge, independently of the provisions contained in the measure that defined the case to which the requested expenses refer, taking into account the importance of the work performed, the amount of work carried out by the professional, and the economic and social value of the activity in relation to the intended outcome.

Implications for Clients and Professionals

This ruling clarifies some fundamental aspects concerning 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 services rendered.
• The judge has the task of determining 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 established.
• The settlement of legal costs must follow current regulations, such as those established by Royal Decree-Law 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 fee payment should serve as a warning to clients, so they are aware of their responsibilities. At the same time, it offers protection for professionals, ensuring that their work is adequately recognized and compensated.