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ARTICLE · 20 FEBRUARY 2019

Professional Legal Aid Costs: A Move Back?

It gives hope for transformation of a helpless mechanism into an efficient means of court costs reallocation.

UkraineLitigation, Mediation & Arbitration

Approaches to compensating parties for legal aid costs were significantly liberalised after the new editions of procedural codes became effective and the advocacy institute was reformed. It gives hope for transformation of a helpless mechanism into an efficient means of court costs reallocation.

Conceptual element of the new approach was waiver of legislative regulation of compensation limits, which did not reflect the real attorney's fees and pricing policy on legal services market, as well as direct orientation to the conditions of legal aid agreements between a client and an attorney. The approach proclaimed by the legislator allowed the legal community to rely on introduction of civilised rules of the game, and provided clients with the opportunity to transfer the burden of paying for legal services to a party to a dispute against whom a judgment was made.

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