Remuneration for the Provision of Legal Services: A Partially Critical Commentary on the Judgment of the Supreme Court of 3 June 2019 (I NSNc 7/19, OSN IKNiSP 2020, no. 3, item 19)

Abstract

Under the ruling which is the subject of this commentary, the Supreme Court confirmed the possibility to calculate the rates of legal-service fees in the amount depending on the result of a given case (a success fee). The said ruling deserves attention as it has a substantial importance for legal practice and case law in analogous matters. On the one hand, it refers to the freedom in determining the amount of remuneration for a given service (including court representation), and on the other hand, it addresses the issue of protecting the client (who is often an aggrieved party affected by a prohibited act). Litigation proceedings themselves often concern compensation claims filed by an aggrieved party affected by a prohibited act. Although the Supreme Court did not refer to the issue of establishing the upper limits of remuneration for legal services in the statement of reasons to the judgment (especially in relation to the civil law concepts of exploitation – Article 388 of the Civil Code, as well as the rules of social conduct – Article 5 of the Civil Code), the decision, in its essential part, deserves approval.