@article{Popov_2023, title={"Success fee" of an advocate: on the way to the unity of judicial practice}, volume={1}, url={http://tlaw.nlu.edu.ua/article/view/260038}, DOI={10.21564/2225-6555.2022.21.260038}, abstractNote={<p class="s28"><span class="s18"><span class="bumpedFont15">The presented work is devoted to the study of the legal nature of the "success fee" as a form</span></span><span class="s18"><span class="bumpedFont15"> of attorney</span></span><span class="s18"><span class="bumpedFont15">’</span></span><span class="s18"><span class="bumpedFont15">s remuneration for the provision of legal assistance, as well as to the consideration of the possibilities of applying the structure of such remuneration in the national legal field.</span></span></p> <p class="s28"><span class="s18"><span class="bumpedFont15">The review of the current legislation of Ukraine, as well as the legislation of other countries on the perception and legal regulation of the "success fee", based on the traditional division of law systems into Anglo-Saxon and Continental, was carried out. It is noted that the "success fee" by its nature is an additional remuneration to a lawyer, that is, a premium (bonus) that is paid to the latter in the event of a successful resolution of the client</span></span><span class="s18"><span class="bumpedFont15">’</span></span><span class="s18"><span class="bumpedFont15">s case, in addition to the fee that is payable for the provision of services provided by the lawyer under the contract for the provision of legal assistance.</span></span></p> <p class="s28"><span class="s18"><span class="bumpedFont15">Based on the fundamental function of the Supreme Court to ensure the unity of judicial practice, the dynamics of law enforcement approaches is traced at the level of its legal opinions, affecting the nature of the "success fee" and its legality. It is argued that the current practice of the Supreme Court has weakened its categorical attitude to the "success fee" and proceeds from the acceptability of this form of additional attorney</span></span><span class="s18"><span class="bumpedFont15">’</span></span><span class="s18"><span class="bumpedFont15">s remuneration, the payment of which depends on the outcome of the case. Also, the conclusions of the Supreme Court on the application of certain norms of procedural laws consider the possibility of resolving the issue of compensation for the costs incurred by a person to pay the “success fee” when the court decides on the distribution of court costs.</span></span></p> <p class="s28"><span class="s18"><span class="bumpedFont15">According to the results of the study, in order to avoid any differences in law enforcement approaches in the future, separate proposals were made for the proper settlement of the issue of "success fee" in national law.</span></span></p>}, number={21}, journal={Theory and practice of jurisprudence}, author={Popov, Oleksandr}, year={2023}, month={Apr.}, pages={18–35} }