The publication in the Gazette of Ministerial Decree No. 147 of 13 August 2022 introduces important changes concerning the payment of fees to legal professionals.
In this section, we will look at lawyers’ fees.
To guide calculation of the percentages, the decree establishes certain criteria.
Ministerial Decree 147/2022 entered into force on 23/10/2022 and, therefore, took effect in respect of all services provided after this date.
Lawyers and DM 147/2022: emendment of the previous parametric tables
To assist in the quantification of fees for lawyers – and for all legal professions – the new parametric tables are appended to the Decree.
The aim of these changes is to close gaps in said activities and to ensure that the new parameters are commensurate with the cost of living.
In fact, work to renew the parametric regulation of the legal professions, which, until now, was at a standstill under DM 37/2018, has now been resumed.
It should be noted that the new tables provide for an increase of 4-5% below the actual or estimated inflation rate.
An incentive for the settlement of disputes
The purpose of the new quantities set forth in the decree is, above all, to encourage easy settlement of disputes and litigation.
To this end, the proposal is to increase the remuneration of the lawyer in the event that the dispute is settled via judicial conciliation or mediation and assisted negotiation.
Likewise, a number of deterrent measures have been defined in order to curb so-called instrumental and trivial litigation.
A reduction of 75% of the fee in the event of procedural liability pursuant to Art. 96 of the Code of Civil Procedure and 50% in the event of inadmissibility of the application is established.
Ministerial Decree 147/2022 also allows for the judge’s discretion with respect to the awarding of lawyers’ fees.
A single percentage value of 50% is established to guide the increases and decreases in the values set out in the parametric tables.
In the past, legal fees could be increased by up to a maximum of 80%.
The phrase “as a rule” (in Italian “di regola”) has also been deleted.
Other changes for lawyers introduced by DM 147/2022
Other aspects are also defined in DM 147/2022:
- The definition of a fee scale ranging from between a minimum of €200 and a maximum of €500 for each hour or fraction thereof exceeding half an hour;
- The possibility for a lawyer who takes over from a colleague in the middle of a case to be remunerated, including during the examination phase of the dispute;
- With regard to disputes concerning public contracts, the fees payable by the client must be calculated taking into account a profit of not less than 10% of the contract, when determining the economic extent of the client’s interest.
Measures relating to the juvenile court
Certain measures have been set forth by Ministerial Decree 147/2022 concerning cases at the Juvenile Court.
- Fees charged by lawyers protecting the interest of minors shall be determined based on the tables pertaining to the proceedings for which the lawyer is appointed.
- Before the Juvenile Court, lawyers’ fees will be quantified based on the tables pertaining to criminal proceedings, with reference made to the competent authority if the child is of legal age.
Specific cases provided for by DM 147/2022
The tables refer to specific legal cases and situations in respect of which mention should be made.
- In criminal cases, increases may be made of up to a maximum of 50% is established. However, a new article provides for a 20% increase in fees in cases of particularly serious or urgent defence investigations.
- The parameters indicated in Table 7 are applicable to non-contentious proceedings of a voluntary nature.
- The fee for precautionary appeals is established before the Council of State, with reference to Table 22.
- Where a cross-appeal is lodged, a 20% increase is provided for, with reference to Tables 21 and 22.
- A 50% increase is envisaged in the decision phase in cassation if a brief is filed pursuant to Art. 378 of the Code of Civil Procedure.
- There is a 50% reduction with respect to the parameters set out in Table 20 bis in proof of debt proceedings or proceedings to appeal the statement of liabilities in respect of claims arising from employment relationships.
- The parameters set out in Table 12 are applicable to claims in the Court of Appeal concerning judgments declaring bankruptcy and other bankruptcy offences.
- With regard to mediation and assisted negotiation proceedings, when the parties reach an agreement, the lawyer’s fees for the activation and negotiation phases will be increased by 30%.
Out-of-court proceedings
A final point must be made with regard to out-of-court proceedings, which are mentioned in some of the parametric tables.
- As far as out-of-court activities are concerned, the parameters set out in Table 25 apply also to the individual stages of the process, depending on the subject matter.
- The maximum percentage by which fees for out-of-court activities can be increased is set at 50% of the average parameters.
- For values exceeding €520,000, the fees to be paid for out-of-court activities will be determined based on the new tables.