The publication in the Official Gazette of Ministerial Decree no. 147 of August 13, 2022, introduces important novelties regarding the determination of fees for legal professionals. In this article, we will focus specifically on the fees designated for lawyers. To navigate the percentages, the decree establishes specific parametric criteria. Ministerial Decree (D.M.) 147/2022 entered into force on October 23, 2022, and therefore applies to all services performed subsequent to this date.
Lawyers and DM 147/2022: an adjustment of previous parametric tables
To assist in quantifying the fees intended for lawyers – and for all legal professions – the decree appends new parametric tables. The goal of these adjustments is to bridge the gaps found in such activities, as well as to modulate new parametric measures in relation to the cost of living. Precisely, this continues the process of renewing the parametric regulations for the legal professions which, until now, had been stuck at DM 37/2018. It is worth noting that the new tables provide for an increase of 4-5%, which is lower than the real or estimated inflation rate.
A push toward dispute conciliation
The main identifiable purpose of the new quantifications launched in the decree is to encourage the smooth conciliation of disputes and legal litigation. To this end, an increase in remuneration is proposed for lawyers in cases of judicial conciliation of the dispute, or during mediation and assisted negotiation (negoziazione assistita).
With the same goal in mind, several deterrent measures have been defined to curb so-called instrumental and frivolous lawsuits:
-
A 75% fee reduction is established in cases of procedural liability pursuant to Art. 96 of the Italian Code of Civil Procedure (c.p.c.).
-
A 50% fee reduction applies where the claim is declared inadmissible, time-barred, or improper.
D.M. 147/2022 also provides for judicial discretion regarding the determination of lawyers' fees. A single percentage of 50% is fixed as a guideline for increases and decreases in the values established by the parametric tables. In the past, maximum judicial fees could be increased by up to 80%. Furthermore, the phrase "as a rule" (di regola) has been removed.
Other novelties of DM 147/2022 for lawyers
Additional elements are defined by DM 147/2022:
-
Hourly Rate Ranges: The definition of the hourly rate takes the form of a range with values between a minimum of 200 and a maximum of 500 euros for each hour or fraction of time exceeding 30 minutes.
-
Succeeding Colleagues: The possibility for a lawyer who takes over from a colleague in the middle of an already initiated lawsuit to be remunerated, including for the case study phase.
-
Public Contracts: When dealing with disputes concerning public contracts, the payout of fees charged to the client must be carried out considering a profit of no less than 10% of the contract value at the moment the economic extent of the client's interest is determined.
Measures concerning the Juvenile Court
Specific measures are put in place by D.M. 147/2022 regarding cases taking place before the Juvenile Court (Tribunale per i minorenni):
-
Fees for lawyers protecting the interests of minors will be measured based on the tables relating to the specific judgments and procedures for which they are appointed from time to time.
-
Before the Juvenile Court, lawyers' fees will be quantified with reference to the criminal case tables, relying on the competent authority if the minor has reached the age of majority.
Specific cases for lawyers under DM 147/2022
The tables refer to specific judicial cases and situations that merit mention:
-
Criminal Law: A maximum percentage of 50% is established as the limit for an increase; however, a new article provides for a 20% increase in fees in the event of particularly severe or urgent defense investigations.
-
Voluntary Jurisdiction: What is indicated in the parameters of Table no. 7 applies to non-contentious voluntary jurisdiction proceedings.
-
Precautionary Appeals: The fee for a precautionary appeal before the Council of State (Consiglio di Stato) is determined with reference to Table 22.
-
Incidental Appeals: Where an incidental appeal is filed, a 20% increase is provided, referencing Tables 21 and 22.
-
Cassation Phase: A 50% increase is provided during the decision-making phase in Cassation if a brief is filed pursuant to Art. 378 c.p.c.
-
Employment Claims: A 50% reduction compared to the parameters established in Table 20-bis applies to proceedings for admission to the statement of liabilities (ammissione al passivo) or for challenging the statement of liabilities concerning employee claims.
-
Bankruptcy Proceedings: The parameters established by Table 12 apply to appeals before the Court of Appeal concerning bankruptcy declarations and other bankruptcy offenses.
-
Successful ADR: With reference to mediation and assisted negotiation proceedings, when the parties reach an agreement, the lawyer's fees relating to the activation and negotiation phases will be increased by 30%.
Out-of-court proceedings (Procedimenti stragiudiziali)
A final note should be made regarding the out-of-court activities mentioned by certain parametric tables:
-
Regarding out-of-court activity, the parameters reported in Table 25 must also be considered for individual phases, based on the matter dealt with.
-
The maximum percentage established for granting increases in the out-of-court phase is fixed at 50% compared to average parameters.
-
For values exceeding 520,000 euros, the fees to be paid for out-of-court activity will be determined by the new tables.