"Success fee" in the activities of a lawyer and a lawyer
Автор: Pavlova G.G., Hadieva A.R.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Гражданское право и процесс
Статья в выпуске: 4 (23), 2019 года.
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This article is devoted to the research of the Institute of “success fee” in the activity of a lawyer and a lawyer. The subject of the study is the rules governing the amount and procedure for payment of remuneration to a lawyer (lawyer) for legal services rendered, as well as various approaches to the possibility of functioning of the Institute of “success fee” in Russia. The purpose of the study is to analyze the scientific points of view “for” and “against” the admissibility of the “success fee” in determining the remuneration for legal services rendered by a lawyer. In the process of research, both General scientific methods of scientific knowledge (analysis, synthesis) and private methods (comparative legal method) were used. The article considers the positions regarding the “success fee” that have developed in judicial practice. The features that distinguish the order of payment of remuneration to a lawyer from the order of payment of remuneration to a lawyer are given. The experience of legal regulation of the “success fee” of foreign countries is studied. The author’s position on the possibility of legally fixing the “success fee” as an additional payment to the remuneration of a lawyer (lawyer) is expressed. Formulated and proposed to amend the law on advocacy activities relating to the consolidation of the agreement on rendering legal assistance the conditions under which the principal agrees to pay incentive compensation in addition to base compensation, depending on the achieved result.
"the success fee", advocacy, provision of legal services
Короткий адрес: https://sciup.org/14119250
IDR: 14119250