Lawyers’ Fees Law
Summary: I. Background of the case.- II. Different cases of statute of limitations for attorneys’ fees during the Civil Code and the case law that was applied.- III. Brief reference to the statute of limitations for attorneys’ fees under the Civil and Commercial Code.- IV. Temporal application of the Civil and Commercial Code.- V. Closing.
The National Civil Court deals with the issue of the statute of limitations for attorneys’ fees, which on the one hand allows us to recall an issue that has given rise to different opinions during the validity of the repealed Civil Code, and on the other hand, to address the reforms introduced with the new Civil and Commercial Code.
The case at issue was a probate proceeding, therefore the conclusion of the trial from which the statute of limitations runs is from the time the registry inscriptions are made or, in the case of non-registrable movable property, from the time the division of the relict estate is carried out.
It adds that until the definitive establishment of the inheritance assets, which is the basis on which the fees will be calculated, the limitation period for claiming their regulation does not begin to run.
Following the enactment of Resolution 27/18, which raised to $1,715 the value of the Tariff Measurement Unit (UMA), the unit by which the Law on Fees is governed, the Supreme Court issued a resolution in which it puts an end to the unknown as to how the new rule should be applied.
And this percentage may only be exceeded in the event that the professional expressly assumes the expenses corresponding to the defense of the client and the obligation to respond for the costs, in which case, the agreement may be extended up to half of the net result of the trial.
In all the processes estimable in money, for the proceedings of first instance until the judgment, the lawyer’s fee will be fixed between 11% and 25% of its amount. For example, in a lawsuit for collection of rents or leasing rents, in which $50,000 of capital and interest is claimed, the judge could regulate $10,000 of fees, which is 20%.
In addition, whoever loses the lawsuit must pay the costs of experts, court fees and others. And whoever wins, must pay what has been agreed in favor of his lawyer, since what the judge regulates is the obligation of the losing party.
Table of attorneys’ fees 2021 argentina
In the succession process, if only one (1) lawyer sponsors or represents all the heirs or interested parties, his or her fees will be regulated on the value of the estate to be transmitted, including the community property, in half of the minimum and maximum of the scale:
The assets existing in other jurisdictions, within the country, will also be included in the regulatory base. In case more than one (1) succession is processed in the same process, the amount will be the amount of the assets transmitted in each one of them. In order to establish the value of the assets, the following shall be taken into account:
-If it is a question of real estate or rights over these and they have not been appraised in the proceedings, the amount of the matter shall be taken as the fiscal valuation at the time the regulation is made, increased by fifty percent (50%).
However, if the latter is considered inadequate to the real value of the property, the professional may estimate the value assigned to it, which shall be notified to the party obliged to pay. In case of opposition, the judge shall appoint an expert appraiser.
It is possible to make a free inheritance
In addition to these expenses, other unforeseen amounts may arise in the process of the property’s adjudication, such as property taxes or water debts, which must first be paid. There are also cases in which the property is subject to a mortgage, being necessary to release the guarantee before proceeding with the transfer, which will generate a significant expense. As can be seen, there are many expenses that the heirs must assume before acquiring the estate, being important to consider them in order to avoid surprises during the succession.