Naslov
LAWYERS’ FEES AND LENGTH OF CIVIL LITIGATION - EXAMPLES FROM CROATIAN AND HUNGARIAN LAW AND PRACTICE

Autori
Czoboly, Gergely ; Jelinic, Zvonimir

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Contemporary Legal Challenges: EU - Hungary - Croatia / Drinoczi, Župan, Ercsey, Vinković - Pečuh : Osijek : Pravni fakultet Sveučilišta u Pečuhu ; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, 2012, 573-593

ISBN
978-963-642-472-5

Skup
SUNICOP Contemporary Legal Challenges - EU - Hungary - Croatia

Mjesto i datum
Osijek, Hrvatska, 04.04.2012. - 06.04.2012

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Lawyers’ Fees and Costs; Reimbursement of Costs; Length of Litigation; Procedural Discipline; Court Sanctions

Sažetak
Dilatory tactics in civil procedure can occur as a result of various motivations. In a civil action, it would be possible to consider number of lawyers’ hypothetical conducts which could be inconsistent with interests of the client and interests of speedy justice with minimum costs attached. Nevertheless, the primary concern of this study is not with all possible conducts, but the focus will tie to the question on how two different jurisdictions approach the issue of lawyers’ fees and costs which are in number of European jurisdictions recognized as a very significant part of total costs of civil litigation. Fact is that lawyers’ fees are sometimes hardly predictable in advance, especially if they are based on hourly rates and when amount of work is difficult to predict. Same could be the case in the jurisdictions where tariff system for lawyer’s fees is in place, if tariff prescribes that lawyers may calculate their fees for every act of legal representation – such as participation in a hearing or drafting submission. In both cases, lawyers may be tempted to use different tactics to cause unnecessary delays, performances that will consequently generate unnecessary litigation costs. In their paper authors are seeking an answer to the primary concern of their study ; to what extent different methods of charging lawyers’ fees may influence delivery of justice within reasonable time and with minimum of costs? In order to comprehensively explain national rules on lawyers’ fees and reimbursement of costs, analysis of Hungarian and Croatian law is being given. In addition, differences in procedural sanctions and tools of the judicial control are being explored in the light of recent year’s intentions of both countries legislators to adequately address the problem of procedural discipline and the costs and length of litigation.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA