If you turn to a lawyer, it is easy that the moment is not the simplest: a lawyer is involved when there is some dispute in progress. It can be a long-standing quarrel with the condominium, a heavy quarrel between brothers, an accusation that comes from third parties, an economic dispute. The causes can be the most diverse and the first step is already a crisis: which lawyer should I call? How much will you ask me? Will he be good? Will it serve my interests or yours?
Mariacristina Merola is a lawyer with a long career in important Milanese law firms and significant experience in the U.
SA, and has now published the book I call the lawyer, Justice and courts instructions for use (Il Sole 24 Ore), in which he explains how to move in our justice, what moves must be made to choose the right lawyer, what to expect, with what times and methods. And it is to her that we asked some questions to orient ourselves.
But when moving through a courtroom is having a lawyer mandatory?
«It is good to clarify a fundamental point immediately: to make a lawsuit – or to defend oneself from those who have filed a lawsuit – it is almost always necessary to be assisted by a lawyer. The possibility of being in court personally and without the assistance of the defender is recognized only in the context of civil proceedings – this possibility cannot be extended to the criminal trial – and only in very few situations, such as, for example, for cases before the Justice of the peace of less than
1,100 euros or for evictions for arrears ».
But does a lawyer have to be paid from the first meeting?
“Often the client expects the first meeting with the lawyer to be free but if, as happens in most cases, during the session the lawyer examines the situation and provides an initial orientation opinion, the gratuity is not justified; not even by the fact that the lawyer, perhaps advising to continue the dispute, will still have a guaranteed assignment. Not to mention that, on the other hand, if the professional, providing objective and disinterested advice, advised against undertaking judicial initiatives – which happens more often than imagined – he would have devoted part of his time without any remuneration “.
But how are the attorney’s fees or fees calculated?
«Starting from the Bersani law n. 248 of 2006, the amount of remuneration is free, so it can be agreed between professional and client in various forms and the minimum rates have been abolished. Consequently, the lawyer can agree with the client any consideration, regardless of the one charged on the market but, if he asks for excessive or disproportionate compensation in relation to the nature and quantity of the services performed, he engages in ethical incorrect behavior, because it is detrimental to the duty of correctness and probity, to which each professional is required (National Forensic Council, 13 July 2017, no.102). At the time of conferment of the professional assignment, it is therefore possible to choose between various calculation methods: by time, as a lump sum, by tariff, to, as they say, “success fee” or the remuneration consists of a fixed fee and a percentage of the value of the deal or the expected result; in essence, the compensation will be greater the better the result achieved. The so-called “pay for result” form is also pondered: in the event that you are convinced you are right but you cannot afford the expenses of a lawyer, you can offer him to enter into an agreement under which he renounces the advances (and can even advance out-of-pocket expenses) and will only be paid if you win. In any case, the customer remains responsible for the burden of paying the legal costs of the counterparty if he loses in court ».
In your book there is a chapter in which you explain how to find the right lawyer, but there are databases, reliable lists (on the web or in the courts or in trade associations) where it is possible to understand who is who and what does it do?
“No, there are no official lists or databases, except for the register of lawyers and the lists kept by the Cassa Forense and the CNF (Cons. Naz. Forense), which, however, only contain the personal details, address and telephone number of the lawyer”.
If you find that he is not the right lawyer, should you change or persist anyway? Can there actually be big differences between one lawyer and another or then in the end the law is the law?
“It is certainly worth changing, especially if the relationship of trust breaks down and there is almost always a difference between one lawyer and another, because the defensive strategies and the procedural choices can be different”.
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