Advokato atlyginimo, priklausančio nuo bylos rezultato (pacta de quota litis ir pacta in forma pauperis), reglamentavimo ir priteisimo teoriniai ir praktiniai aspektai
Lietuvos advokatūra |
Date Issued |
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2007 |
Some legal systems provide for the institute of remuneration of unintended expenses, which enables to start a case on condition that the advocate receives remuneration only if the case is won. This system allows advocates receive appropriate remuneration for legal assistance subject to the result of the case. For a long time, Lithuanian laws prohibited any agreement between the advocate and the client concerning remuneration dependent on the result of the case. The Law on Advocacy, adopted on 18lh March 2004, included a provision that in civil cases, as well as where an action is brought in a criminal case, it is allowed to agree on the advocate's fee so that the amount of the fee would depend on the outcome of the case. The only requirement for such agreements is that their terms may not contradict to the principles governing the practice of advocates. Thus, the requirements for agreements concerning remuneration are practically the same as for other agreements on legal assistance. In the article, the author analyses the differences in the regulation of the institute of conditional remuneration in various countries of the world and its specifics in Lithuania and reviews the positive and negative aspects of the assessment of conditional remuneration.