Conditional (Contingent) Fees in the Russian Federation

Conditional (Contingent) Fees in the Russian Federation DOI: 10.1163/092598808X262605 © Koninklijke Brill NV, Leiden, 2008 Review of Central and East European Law 33 (2008) 205-222 Conditional (Contingent) Fees in the Russian Federation Andrey Medvedev Abstract In this article, the author discusses contemporary Russian judicial practice concerning the legality of attorney’s conditional fees. He starts with a brief overview of foreign practice and distinguishes various kinds of conditional fees. The author provides a classification of conditional fees, through the prism of which he evaluates judicial practice in Russia. He distinguishes and, in particular, contrasts the contingent (or contingency) fee from (with) the conditional fee per se (the conditional fee in the narrow sense). The main focus is on a landmark 2007 Decision of the RF Constitutional Court in which the Court ruled against conditional fees in Russia. The author provides a detailed analysis of the Decision. He supports a view which is in clear opposition to the Constitutional Court, finding the Decision facile, criticizing its motivation and questioning its feasibility. The author describes the claims submitted to the Court, the find- ings of the Court, and the conclusions reached by the Court. Furthermore, he considers the impact which the Decision may have on judicial practice. The http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Conditional (Contingent) Fees in the Russian Federation

Review of Central and East European Law, Volume 33 (2): 205 – Jan 1, 2008

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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/092598808X262605
Publisher site
See Article on Publisher Site

Abstract

DOI: 10.1163/092598808X262605 © Koninklijke Brill NV, Leiden, 2008 Review of Central and East European Law 33 (2008) 205-222 Conditional (Contingent) Fees in the Russian Federation Andrey Medvedev Abstract In this article, the author discusses contemporary Russian judicial practice concerning the legality of attorney’s conditional fees. He starts with a brief overview of foreign practice and distinguishes various kinds of conditional fees. The author provides a classification of conditional fees, through the prism of which he evaluates judicial practice in Russia. He distinguishes and, in particular, contrasts the contingent (or contingency) fee from (with) the conditional fee per se (the conditional fee in the narrow sense). The main focus is on a landmark 2007 Decision of the RF Constitutional Court in which the Court ruled against conditional fees in Russia. The author provides a detailed analysis of the Decision. He supports a view which is in clear opposition to the Constitutional Court, finding the Decision facile, criticizing its motivation and questioning its feasibility. The author describes the claims submitted to the Court, the find- ings of the Court, and the conclusions reached by the Court. Furthermore, he considers the impact which the Decision may have on judicial practice. The

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2008

Keywords: CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION; CONTINGENT FEE; ATTORNEY'S FEE; REMUNERATION FOR LEGAL SERVICES; CONTINGENCY FEE; CONDITIONAL FEE

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