{"id":1416,"date":"2022-10-21T11:15:00","date_gmt":"2022-10-21T09:15:00","guid":{"rendered":"https:\/\/www.lexcapital.it\/dm-147-2022-changes-to-the-settlement-of-lawyers-fees\/"},"modified":"2024-05-06T13:57:52","modified_gmt":"2024-05-06T11:57:52","slug":"dm-147-2022-changes-to-the-settlement-of-lawyers-fees","status":"publish","type":"post","link":"https:\/\/www.lexcapital.it\/en\/dm-147-2022-changes-to-the-settlement-of-lawyers-fees\/","title":{"rendered":"DM 147\/2022: changes to the settlement of lawyers’ fees"},"content":{"rendered":"\n

The publication in the Gazette of Ministerial Decree No. 147 of 13 August 2022<\/a> introduces important changes concerning the payment of fees to legal professionals<\/strong>.<\/p>\n\n

In this section, we will look at lawyers’ fees<\/strong>.<\/p>\n\n

To guide calculation of the percentages<\/strong>, the decree establishes certain criteria<\/a><\/strong>.<\/p>\n\n

Ministerial Decree 147\/2022<\/a> entered into force on 23\/10\/2022 and, therefore, took effect in respect of all services provided after this date<\/strong>.<\/p>\n\n

Lawyers and DM 147\/2022: emendment of the previous parametric tables<\/strong><\/h2>\n\n

To assist in the quantification of fees for lawyers<\/strong> \u2013 and for all legal professions \u2013 the new parametric tables<\/strong> are appended to the Decree.<\/p>\n\n

The aim of these changes is to close gaps<\/strong> in said activities and to ensure that the new parameters are commensurate with the cost of living<\/strong>.<\/p>\n\n

In fact, work to renew the parametric regulation<\/strong> of the legal professions, which, until now, was at a standstill under DM 37\/2018, has now been resumed<\/strong>.<\/p>\n\n

It should be noted that the new tables provide for an increase of 4-5% below the actual or estimated inflation rate<\/strong>.<\/p>\n\n

An incentive for the settlement of disputes<\/strong><\/h3>\n\n

The purpose of the new quantities set forth in the decree is, above all, to encourage easy settlement of disputes<\/strong> and litigation<\/a>.<\/p>\n\n

To this end, the proposal is to increase the remuneration<\/strong> of the lawyer in the event that the dispute is settled via judicial conciliation or mediation and assisted negotiation<\/strong>.<\/p>\n\n

Likewise, a number of deterrent measures<\/strong> have been defined in order to curb so-called instrumental and trivial litigation.<\/p>\n\n

A reduction of 75% of the fee<\/strong> in the event of procedural liability pursuant to Art. 96 of the Code of Civil Procedure and 50%<\/strong> in the event of inadmissibility of the application<\/strong> is established.<\/p>\n\n

Ministerial Decree 147\/2022 also allows for the judge’s discretion<\/strong> with respect to the awarding of lawyers’ fees.<\/p>\n\n

A single percentage value of 50%<\/strong> is established to guide the increases and decreases in the values set out in the parametric tables.<\/p>\n\n

In the past, legal fees could be increased by up to a maximum of 80%<\/strong>.<\/p>\n\n

The phrase “as a rule<\/strong>” (in Italian “di regola”) has also been deleted.<\/p>\n\n

Other changes for lawyers introduced by DM 147\/2022<\/strong><\/h3>\n\n

Other aspects are also defined in DM 147\/2022<\/strong>:<\/p>\n\n