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To what extent may consider reducing the amount of attorneys fees on appeal?

The High Court of Justice and Cassation ruled that invoking in appeal the infrigement or wrong application of the provisions from article 274 paragraph 3 Code of civil procedure (regarding the judges’ right to increase or decrease the attorneys’ fee when it finds unsuitable because they are too small or too large, to the value of the claim or the work performed by attorney) is limited to show that increasing or decreasing the fee attorneys was based on other criterias than those established by the law. In this case, the High Court stated that through the critics made, the appellant sought; in fact, reduce the costs that were required under a new appreciation of the work done by the lawyer, which is not allowed the court of appeal. Therefore, the High Court dismissed the appeal as unfounded and ordered the unsuccessful appellant costs for this stage of proceedings. (Decision no. 3929 from 31th of May pronounced in appeal by the Civil Department I from the High Court of Justice and Cassation having as object reduction attorney’s fee)

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

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