Legislator Case Law & Legislation
I PKN 155/98 AI generated

Supreme Court allows lawyer's fee claim based on out-of-court settlement costs under Polish law.

Case Number I PKN 155/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland reversed the lower court's dismissal of a lawyer's fee claim, ruling that out-of-court settlements qualify for additional compensation. The plaintiff, a lawyer employed by the defendant company, sought fees for costs recovered in a settlement that was later partially breached by the opposing party. The court held that the statutory provision covering court settlements implicitly includes out-of-court agreements to ensure the lawyer's right to remuneration is not undermined by procedural nuances.

Legislator headnote

AI generated

Ustawa o radcach prawnych z dnia 22 maja 1997 r., art. 22 ust. 4 pkt 1; Ustawa o radcach prawnych z dnia 22 maja 1997 r., art. 22 ust. 4 pkt 2: The right to additional remuneration for lawyers includes costs recovered in out-of-court settlements, not limited to court judgments.

Keywords

AI generated
lawyer additional remuneration out-of-court settlement Polish legal profession costs recovery civil procedure law

Cited Legislation

AI generated
Ustawa o radcach prawnych z dnia 22 maja 1997 r., art. 22 ust. 4 pkt 1
Ustawa o radcach prawnych z dnia 22 maja 1997 r., art. 22 ust. 4 pkt 2
Kodeks postępowania cywilnego, art. 393

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