Bistrița Court. Full award of court costs representing legal fees, initially reduced. Incident appeal admitted Cover Image

Tribunalul Bistrița. Acordarea integrală a cheltuielilor de judecată reprezentând onorariu avocațial, inițial reduse. Apel incident admis
Bistrița Court. Full award of court costs representing legal fees, initially reduced. Incident appeal admitted

Author(s): Andrei-Gabriel Prună
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Editura Solomon
Keywords: attorney’s fee; attorney’s fee reduction; cross-appeal; interpretative guidelines; net fee vs gross fee;

Summary/Abstract: In the context of recent discussions between justice actors in a debate organized by the Cluj Bar Association, it was observed, on the one hand, a constant practice of courts to reduce costs consisting of legal fees and, on the other hand, a need of the professional body of lawyers to find and apply predictable tools to avoid such solutions. In the judgment commented on and set out below, the Bistrița Tribunal applied the provisions of two interpretative guides which provide predictable mechanisms for assessing the amount of lawyers’ fees, rarely used by the courts for legislative reasons (they have no direct applicability, being only sources of interpretation), but which should in future be more often invoked to create a useful uniform practice.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 28-31
  • Page Count: 4
  • Language: Romanian
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