Professional Fees: Commentary on Order No. 19228 of 2024

The recent intervention by the Court of Cassation with Order No. 19228 of July 12, 2024, offers an important reflection on professional fees for services rendered out of court 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, with its judgment, established that in cases of claims for professional fees, the special procedure provided for by art. 14 of Legislative Decree no. 150 of 2011 cannot be applied. Therefore, the procedure to be followed is the ordinary cognitive procedure or, alternatively, the summary cognitive procedure pursuant to art. 702-bis of the Code of Civil Procedure. This decision has profound effects on how disputes relating to professional fees are managed.

Professional fees for services rendered out of court and in civil and criminal proceedings - Applicable procedure - Procedure pursuant to art. 14, Legislative Decree no. 150 of 2011 - Exclusion - Consequences. In proceedings for the recovery of fees for professional services rendered out of court and in civil and criminal proceedings, the special procedure for the liquidation of lawyers' fees is not applicable, but rather the ordinary cognitive procedure or, alternatively, the summary cognitive procedure pursuant to art. 702-bis of the Code of Civil Procedure before the court in single-judge composition, as the dispute does not fall within the scope of art. 14 of Legislative Decree no. 150 of 2011, which contemplates - by reference to art. 28 of Law no. 794 of 1942 - the summary cognitive procedure for judgments concerning the liquidation of fees for judicial services rendered in civil matters only. Therefore, in case of incorrect qualification of the procedure as per art. 14, the relative judgment is null and void, given that such qualification affects the right of defence, leading to the loss of a degree of judgment recognised by law for the party.

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 crucial for the parties involved to understand the distinction between the various types of proceedings to avoid errors that could compromise the right of defence. Among the most relevant consequences, we can highlight:

• The need to use the ordinary or summary cognitive procedure for claims for out-of-court fees.
• The possibility of annulling the judgment in case of incorrect qualification of the procedure.
• Protection of the right of defence, ensuring that parties do not lose degrees of judgment recognised by law.

Conclusions

In conclusion, Order No. 19228 of 2024 offers important guidance for managing disputes relating to professional fees. The 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 for all legal operators to pay attention to these details to avoid future problems and ensure fair and effective justice.