Journal article Open Access

Success Fee of an Attorney in Ukraine and Worldwide

V.P. Orieshkin

This article is dedicated to a fee as a way of paying for lawyer services. The transformation in political and judicial system of Ukraine and active processes of reformation require change and Institute of Advocacy are not different. After the Supreme Court of Ukraine approved a decision that concerned payment methods for lawyer services, the topic became ambiguous. The Supreme Court of Ukraine declared contingent fee illegal and noted that a lawyer cannot establish a fee according to the result of the case.

In order to understand such payment method as contingent fee, author refers to historical retrospective on the topic of payment methods for lawyer services, going back to the beginning of Institute of Advocacy in Roman Empire. This article presents general principles of payment for lawyer services during those times.

This article determines normative base that regulates the question of fee and the possibility of forming and agreement with contingent fee.

The decision of Supreme Court of Ukraine approved on June 18th, 2018 has been analyzed. The author provides commentaries from members of lawyer community regarding this decision, particularly the head of Supreme qualification and disciplinary commission of advocacy of Ukraine.

The author considered a problem which consists in the not settlement of payment of services a "contingent fee", because, in fact Decision of Supreme Court is not the source of law. The ways of decision of this problem taking into account historical factors and foreign experience have been offered.

In order to understand the expediency of legalization of contingent fee the decisions of European Court of Human Rights regarding this question have been analyzed. Cases in such countries as Greece, Great Britain, Austria. This is to compare the ratio of contingent fees in countries with different systems of law.

Author provides examples, in comparative manner, of countries where contingent fee is legal and the ways it is implemented in such countries as USA, Germany, France.

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