Acţiune în răspundere patrimonială a salariatului. Cheltuieli de judecată. Onorariul avocatului care depăşeşte cu mult valoarea pretenţiilor

Patrimonial liability action of the employee. Law costs. The lawyer’s fee that exceeds the amount of claims much

Abstract

One of the issued provided in art. 127 of the Statute of the legal profession, according to which the fee is fixed, is represented by the "benefits and results obtained to the client’s advantage, as a result of the work done by the lawyer," and by the application of this criterion it is found that the client’s advantage is much lower than the fee paid.

By reducing the fee, the court does not intervene in the relationship between the lawyer and his client. The legal assistance agreement between the Parties shall take full effect, the client is obliged to pay the full amount agreed, but in relation to any third parties, he can recover only an amount that the court appreciated as being consistent with all the elements of the case.