Professional fees and joint and several liability: commentary on Order no. 20922 of 2024

The recent Order no. 20922 of July 26, 2024, issued by the Court of Cassation, has raised important questions regarding lawyers' professional fees and their obligation in relation to services rendered to multiple parties. This ruling clarifies the presumption of joint and several liability in the context of legal services and its meaning for professionals in the sector.

Context of the ruling

In the case examined, the Court established that joint and several liability applies to fees due for legal services rendered to multiple parties, even if the mandates are formally distinct. This implies that, if a lawyer assists multiple clients with identical positions, the service can be considered as a single unit, thus making all clients responsible for paying the fee.

Professional fees - Plurality of parties obligation in relation to the lawyer's service - Joint and several liability - Existence - Case law. Regarding lawyers' professional fees, the presumption of joint and several liability for the payment of fees due to the professional who assists multiple parties who, even with formally independent mandates, have an identical position such as to qualify the legal service rendered as substantially unitary, also applies to out-of-court services (in this case, assistance in drafting a contract).

Practical implications for lawyers

This ruling has several repercussions for lawyers and their clients. In particular, it highlights the importance of considering the nature of the legal service provided. Among the main implications, we can list:

• The need to clarify mandates and responsibilities among the parties involved.
• The possibility for the lawyer to request payment of the fee from any of the clients, without having to prove each one's specific participation in the service.
• The relevance of the unitary service even in out-of-court activities, such as drafting contracts.

Conclusions

In conclusion, Order no. 20922 of 2024 represents an important step forward in defining clients' liability towards lawyers. Joint and several liability, as established by the Court, must be considered not only in the context of judicial disputes but also in out-of-court matters, thus influencing professional dynamics and relationships between lawyers and clients. It is therefore essential for lawyers to take proactive measures to manage mandates and ensure a clear understanding of responsibilities by their clients.