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.
Authors
- Retno Dewi Pulung Sari (ORCID: https://orcid.org/0000-0002-7275-6996)
- Laurentius Ervin Ricky Pramudita
Institutions
- Universitas Katolik Darma Cendika (ID)
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