Filing a lawsuit and bringing lawyers to court is not a cheap pleasure – the court fee and attorney’s fees are not for everyone. For these reasons, most people, without legal education and practical experience in litigation, either try to resolve the dispute on their own or agree to the demands of the opposing party.
However, you should not make premature decisions, because the current legislation allows not only to exempt you from paying court fees, but also to reimburse your court costs, collecting them from the opposite party in the case.
The first thing you need to find out is how promising your business is. At this stage, the main thing is not to “get” on lawyers who are ready to take on the most neglected cases and at the same time guarantee a 100% result – sounds good, but unrealistic, because, in addition to conflicting legislation and case law, there are subjective judges with their own legal positions in the head. If you have received an objective and satisfactory preliminary assessment of the prospects of your case, it makes sense to hire a lawyer – in the end it can cost you free.
It should be noted at once that the reimbursement of your legal costs in case you win the case is your right, not the duty of the court. In other words, if you do not ask the court to reimburse you for your legal costs, it will not do so itself. In addition, there are certain rules, ignoring which, you may be left without reimbursement of court costs.
Among the mentioned rules:
1) submission of a preliminary (approximate) calculation of court costs. Since it is not possible to know in advance what costs you will have to incur in connection with your court proceedings (the number of court hearings in which the lawyer will have to participate, the procedural documents that will have to be drawn up and submitted and the procedural actions to be taken, never known in advance to the parties to the case), it is the preliminary (approximate) calculation of such costs that must be provided. Such a document must be submitted together with the statement of claim or the response to the statement of claim.
2) the scope of services provided and work performed and their cost must be confirmed. To this end, the court and the opposing party must be provided with a detailed description of the work (services provided) performed by the lawyer. At the same time, the codes do not require the provision of evidence to prove, for example, why exactly this amount of time was spent by a lawyer to perform a certain job (provision of a certain service). At the same time, the court assesses the proportionality of the amount of costs incurred by the party with the amount of services provided by him and the work performed.
Following the above and other rules, in case of winning the case in court, the court ultimately decides on the reimbursement by the other party to the case of your legal costs, including the cost of legal assistance.
Lawyers often forget about the “legal cashback” in this post, although winning the case and reimbursing the client for legal costs is the most enjoyable experience in the practice of the “Neofelis Law Group”.
If you have any questions or need advice, the team of Neofelis Law Group JSC is happy to help.
+38 (050) 471-77-71
neofelislg@gmail.com