Forms, Methods and Costs

One of the most typical forms of agreement that can be reached between a client and legal representative consists of the assignment for a specific deal, whether of judicial or extrajudicial nature.

In this case, scrupulously following the indications provided by the Professional Law, the Ethics Regulations and the National Forensic Council, the lawyer, after having carefully listened to the presentation of the facts by the potential client, and having obtained the general indications on the objectives of interest, should he decide to assume the assignment, submits to the interlocutor a draft retainer which indicates the elements of the assignment, purpose, problems to be addressed, foreseeable costs in the first examination (subject, of course, to changes, according to the circumstances that emerge during the work) and possible forms of the professional work to be insured.

The fees and costs normally, except in special cases, comply with the parameters that are dictated by Ministerial Decree 55/2014 and its updates.

The lawyer, verbally, provides further indications about his opinion on the probabilities of success and the presumed timing of judicial proceedings.

If the requested work appears meaningless or destined to fail, the lawyer declines the assignment.

If based on the summary indications provided by telephone or by post, the lawyer decides to meet the person who intends to request his work, a first interview, usually lasting no more than half an hour, introductory to the single issue, will be free and illustrative of the salient aspects; and will serve, in addition to allowing the lawyer to decide whether to accept the assignment, also personal knowledge between the lawyer and the potential client, to evaluate the interpersonal and mutual trust aspects required by the agreement.

Before concluding the professional agreement, it may be necessary to study documents and applicable legislation To this end, the lawyer may request a specific fee. If subsequently, the professional agreement is concluded, advance remuneration for such preliminary work shall be included in the agreed remuneration and said advance sum in this regard shall be calculated in the remuneration.

Another possible form that an agreement between lawyer and client can take is assistance and consulting, with hourly billing. Even in this case, an agreement between the parties will be signed in advance, with similar characteristics to the above.

Lastly, where advice and assistance are to be provided on an ongoing basis, it is possible to agree on a specific agreement, with pre-established benefits and with a periodic flat-rate fee (e.g. monthly or bi-monthly).

It should be clarified that any information he gains access to, even before accepting an assignment and including when the assignment is rejected, the lawyer is bound by professional secrecy.

Moreover, the lawyer is covered by an insurance policy for the professional liability they undertake with his services.