Выпуск №4

«Success fee» in Russia and Foreign Countries: Specifics of Legal Regulation

Авторы:

Igor V. Voytov,Roman A. Chebotaryov

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Информация о статье:

Тип статьи: Юриспруденция

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Для цитирования:

Igor V. Voytov, Roman A. Chebotaryov, ‘“Success Fee” in Russia and Foreign Countries: specifics of legal regulation / Ural Journal of Legal Research, 2021, No. 4. pp.19-27. DOI 10.34076/2658_512X_2021_4_19

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Аннотация:

The article analyzes the problems of including the «success fee» in the agreement on the provision of legal services and on its recovery, taking into account the current legislation and judicial practice. This paper talks about the concept, the history of the formation of Russian judicial practice on the «success fee», as well as foreign experience and the opinion of practicing lawyers regarding this issue. This article notes that in the legal field, the condition of additional remuneration of a lawyer for the provision of services in the event of a positive result for the client has become most widespread, and, unlike Russian legislation, is firmly entrenched in the legislation and judicial practice of certain foreign countries. Due to the fact that the development of legislation on the «fee for success» in foreign countries began much earlier than in Russia, the authors analyze foreign sources for the purpose of comparative legal research. The authors note that the “success fee” as a condition in the contract for the provision of legal services, today does not have an unambiguous assessment in the legislation and judicial practice of the Russian Federation. During this time, the positions of the country’s highest courts have changed more than once, and the lower courts have not yet come to a uniform approach in resolving disputes over the “success fee”. To understand the essence of the problem of the “success fee” and to understand the expediency of its application, the authors turn to the history of making the most significant decisions by Russian courts, which turned out to be crucial for the development of the “success fee”.

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Список цитируемой литературы:

1. N. Klyuchevskaya, «Success Fee»: from Foreign to Domestic Experience, GARANT, http://www. garant.ru/news/1329251/ (accessed October 23, 2021).

2. А.А. Vasilyeva, «Success Fee» in the Contract for the Provision of Paid Legal Services, (2020) Bulletin of Arbitration Practice 3, pp. 53-67.

3. «Success Fee»: Experience of Different States, Advocacy Newspaper, https://www.advgazeta. ru/obzory-i-analitika/gonorar-uspekha-opytraznykh-gosudarstv/ (accessed October 22, 2021).

4. The Supreme Court legalized the success fee // Pravo.Ru URL: https://pravo.ru/news/214877/ (accessed October 23, 2021).

5. Lawyers Talk on How They Work with the «Success Fee» // Advocacy Newspaper, https:// www.advgazeta.ru/novosti/advokaty-rasskazalio-tom-kak-rabotayut-s-gonorarom- uspekha / (accessed October 22, 2021).

6. Success Fee: Pros, Cons and Prospects, Pravo. Ru, https://pravo.ru/story/231578/?mob_emb (accessed October 23, 2021).

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Ключевые слова:

success fee, legal services contract, litigation, contingent fee, probable fee

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