Legal Implications of Coercive Success Fee Demands by Attorneys Promising Victory Before Case Resolution

This research examines the implications of forcible success fee requests by advocates who promise victory to clients before the completion of the work. The main focus of this research is the legal impact on advocates who carry out this practice, as well as how this relates to the advocate's code of ethics. The research method applied is normative research, which collects data through primary and secondary legal materials obtained from literature studies. The analysis results show a shift reflecting the degradation of advocates' social responsibility in providing non-commercial legal aid, as it is now considered a professional profession to earn income. Success fees, additional fees paid by the client if the advocate wins the case, should be paid after the settlement. However, promising a win before a case settlement violates the advocate's code of ethics, as the advocate does not have the authority to guarantee a win for the client.

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Publication Details

Journal
Reformasi Hukum
Published
2024-08-31
DOI
https://doi.org/10.46257/jrh.v28i2.1032
Primary Topic
Legal Systems and Judicial Processes
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Implications of Coercive Success Fee Demands by Attorneys Promising Victory Before Case Resolution

Retno Dewi Pulung Sari, Laurentius Ervin Ricky Pramudita
Reformasi Hukum
Legal Systems and Judicial Processes
article

Legal Implications of Coercive Success Fee Demands by Attorneys Promising Victory Before Case Resolution

Retno Dewi Pulung Sari, Laurentius Ervin Ricky Pramudita
article en

Abstract

This research examines the implications of forcible success fee requests by advocates who promise victory to clients before the completion of the work. The main focus of this research is the legal impact on advocates who carry out this practice, as well as how this relates to the advocate's code of ethics. The research method applied is normative research, which collects data through primary and secondary legal materials obtained from literature studies. The analysis results show a shift reflecting the degradation of advocates' social responsibility in providing non-commercial legal aid, as it is now considered a professional profession to earn income. Success fees, additional fees paid by the client if the advocate wins the case, should be paid after the settlement. However, promising a win before a case settlement violates the advocate's code of ethics, as the advocate does not have the authority to guarantee a win for the client.

Reformasi HukumVol. 28(2)
Universitas Katolik Darma Cendika (ID)
Openalex Percentile: Top 53%
Legal Systems and Judicial Processes
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