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HCCJ. The reason for the decrease of the legal expenses

The High Court of Cassation and Justice has ruled that the court charges must be reduced by half, considering the amount of money demanded as legal expenses to be excessive, taking into account that the activity the lawyer has actually carried out during the recourse proceedings, the statement of defense, consisted only in resuming part of the grounds expressed in the decision pronounced in appeal. The High Court has stated that this evaluation does not imply a limitation to the fee perceived by lawyers, which is established by the parties of the legal assistance contract, but it comes as the consequence of the evaluation of the court charges, which have to take into consideration the reasonable proportion between the amount of money paid as lawyer fee and the lawyer’s services, criteria provided by art. 274 par. 3 of the Code of civil procedure (art. 451 par. 2 NCCP). (Decision no. 1904 of the 13th of June 2014 pronounced in recourse by Civil Section 1 of the High Court of Cassation and Justice, covering the action for recovery of possession).

:: The source: JURIDICE.ro

Alexandra DOBRIȘAN

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