The system of parceling is now inspired by the principle of free determination between Client and Lawyer, which is why there is the possibility of finding a specific agreement on the costs of the professional activity.

Pursuant to article 13 of the new legal Forensic Professional Law(L. No. 247/2012):

• The remuneration of the Lawyer is agreed orally or (as a rule) in writing at the time of the professional assignment.​​

• “The agreement about the remuneration is free”: it is permissible to determine the compensation of the lawyer based “on time, in a fixed sum, by convention for one or more business, according to the performance and time of delivery of performance, for individual phases or performance or for the entire activity”;

• It is permissible to determine the remuneration as “[…]a percentage on the value of the bargain or on what is expected can benefit, not only at a strictly patrimonial level, the recipient of the performance”.

• It is due to the Lawyer the reimbursement of the expenses, as well as the restitution of the charges and eventual contributions in the interest of the client (ex. stamps, etc.).

Among the modalities allowed now by the Professional Law to determine the remuneration of the Lawyer, there is, therefore, the system based on the “percentage” or on the “result”, which is so appreciated by the Client, because it allows (especially if deprived of money to anticipate) to still enforce its rights, limiting the advances of expenses.

The Firm reserves the right to agree, from time to time, with its Clients the adoption of this specific method of parcellation, as:

• The acceptance of a professional assignment with a percentage compensation implies a necessary preventive evaluation by the Lawyer on the legitimacy and validity of the client’s claim, since not all types of professional assignments are so affordable;

• The percentage compensation does not transform the professional activity of the Lawyer into an obligation of result, remaining still a obligation of (only) means.

In particular, this form of remuneration is advisable when it comes to force a claim or to obtain compensation for damages: in such cases, where the Client may be reluctant to pay  money in advance for the Lawyer, the so-called success fee system, allows the Client to enforce his rights, avoiding the need to anticipate the fees owed to the Lawyer, postponing the payment once you have been satisfied primarily the right of the Client.

In addition to the parcel based on the ” result”, it is possible to reach between the Client and the Lawyer other specific pricing agreements, that is to say the so-called Alternative Fee Arrangements, with which you can establish – according to Personalized Agreements with the Client different way how to calculate the compensation  characterized by certainty, simplicity and clarity.

As an example:

• Fixed remuneration for a specific case or for phases of the professional assignment;

• The hourly rate: the meetings with the Client or the counterpart (in the Firm or out of it), the telephone sessions, the discussion of the dispute, the participation in court at the hearings, the study of documents, the drafting of acts, opinions, contracts, letters, as well as any other act or document of which the drafting is necessary, impose on the Lawyer the use of time in quantities and modes that are always different and that it is not always easy to quantify from the beginning, at the moment of the conferral of the assignment: for this reason, in case the Client opts for this form of payment, we advise to put a so-called maximum roof;

• ad hoc contract of continuous assistance 

In any case, in the absence of a specific agreement between the Client and the Lawyer on the determination of the remuneration, the Ministry of Justice (with D.M. N. 55/2014) identified the objective parameters with which are identified the compensations for the different types of assignments, whether judicial or out-of-court.

The quoted D.M. distinguishes the different phases of the professional assignment and for each one establishes an objective average value of liquidation, which can be the object of an increase (up to 80%) or decrease (up to 50%) depending on the actual circumstances of the assignment (nature, complexity and severity of the case, urgency of the performance, etc.).

For the Client, in any case, it must be clear that, at the agreed professional remuneration, if necessary, with the help of ministerial parameters, must be added by ancillary charges.

The ancillary charges payable by the Client to the Lawyer are the following:

• the documented and functional expenses for the execution of the task;​

• travel expenses (according to article 27 of Ministerial Decree No. 55/2014);

• the contribution for the general costs (which art. 2 of ministerial Decree No 55/2014 has, in particular, determined as a percentage of 15% of the taxable amount);

• the Social Security contribution (C.P.A.) to the extent of 4%;

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• the VAT To the extent of 22%.