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  • «Гонорар успеха» как условие договора об оказании юридических услуг: значение новелл законодательства для юридического бизнеса

Book chapter

«Гонорар успеха» как условие договора об оказании юридических услуг: значение новелл законодательства для юридического бизнеса

С. 318-330.
Емелькина И. А.

For a long time, Russian legislation did not allow the possibility of establishing a condition on the “fee of success” in the agreement on the provision of legal assistance. With regard to the provision of legal services by lawyers, these restrictions were lifted in 2019. Removing the restriction on the prohibition of the “fee of success” in advocacy and maintaining the prohibition on the provision of legal services by other judicial representatives creates far unequal rules of the game for these members of the legal community. In the legal literature, opinions are already being expressed that a softening of the approach regarding the “success fee” for lawyers will eventually extend to other participants in the legal services market. The article draws attention to the fact that the amendments to the law on advocacy that have come into force are not subject to application until the Council of the Federal Chamber of Advocates develops a rule on the inclusion of a condition in legal aid agreements, according to which the amount of remuneration 320 paid by the principal is made dependent from the result of a lawyer providing legal assistance. It is concluded that in order to determine the content of these rules it is necessary that they do not contradict the legal positions of the highest judicial instances of our country, take into account the prevailing socio-economic and political-legal conditions, doctrinal provisions, features of the legal services market, as well as analogues available in foreign law and order

In book

Edited by: С. Д. Могилевский Т. 4. М.: Издательство Проспект, 2020.