Template for collection of attorney’s professional fees

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Eva Cuallado Martorell, residing in Augsburg (Germany), represented initially by M. Díez Lorenzo, lawyer, and subsequently by T. Simons and S. Calabresi-Scholz, lawyers,

By application lodged at the Court Registry on 17 December 2012, Ms Cuallado Martorell submitted to the Court, pursuant to Article 92(1) of the Rules of Procedure, the present application for taxation of costs relating to the judgment of 18 September 2012, Cuallado Martorell v Commission, F-96/09 (“the judgment of 18 September 2012”).

On 18 November 2009, the applicant applied for legal aid pursuant to Article 95 of the Rules of Procedure in order to bring an action before the Court. By order of the President of the Court of 2 March 2010 (hereinafter “the order of 2 March 2010”), legal aid was granted. The Court also decided that the lawyer representing the applicant would be paid an amount equivalent to the necessary costs incurred by the applicant, on production of documentary evidence and subject to a ceiling of EUR 2,000 for the written procedure and EUR 2,000 for the oral procedure.

Regulation of fees jurisprudence

The right to effective judicial protection is a fundamental right of citizens, therefore the law must make it possible for everyone to have access to justice. For this reason, those who do not have sufficient economic resources may apply for the benefit of free justice, through a court-appointed lawyer. This right is only granted in case a judicial proceeding is necessary.Contact now

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All citizens of the State, nationals and residents, have the right to apply for free justice, as well as, managing entities and common services of the Social Security, and other associations and foundations that meet certain conditions.

Legal aid lawyers are not always free of charge, given that the law of legal aid itself establishes that in the case of obtaining an economic benefit for the client, their fees may be invoiced up to a limit of one third of the amount obtained. Therefore, in practice, it could happen that the cost of a public defender may be higher than that of a private lawyer (with whom the initial fees will have been established). It may also happen that the person requesting legal aid is not granted the right to legal aid, in which case the court-appointed lawyer will charge him his fees.

Fees attorney succession

Article 94 The reports of impediments (Article 91) shall be given in writing to the Officer of Civil Status, who shall have them added to the file with notice to the bride and groom and shall forward them to the competent Court for processing and subsequent resolution.

CHAPTER V – SEPARATION OF BODIES AND DISSOLUTION OF MARRIAGE Article 145 Separation of bodies, dissolution and nullity of marriage proceedings shall be governed by the provisions of Article 145.

Article 157 Once the provisional separation has been ordered, the Judge, at the request of a party, shall order the drawing up of an inventory of the assets of the marriage, as well as all the measures conducive to guarantee their proper administration, and may remove either spouse from the administration or require him/her to post a bond.(*)

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Article 158 All the obligations contracted by any of the spouses in charge of the conjugal partnership, as well as the alienations that are made of the goods of that partnership, will be null and void, whenever they are in contravention of the judicial orders that have been dictated and registered in the respective Registry. (*)(*)Notes: Wording given by: Law No. 19.075 of 03/05/2013 Article 7.

Attorney’s fees for injunctive relief

Article 18 (Purpose) The Bar Associations shall be formed for the compliance and control of the professional ethics of the legal profession of its members, and shall have academic or investigative purposes and the defense of its members within the framework of this Law.

Article 21°.- (National College of Lawyers) It is the national organization that coordinates the work of the Departmental Colleges of Lawyers; it has full representative personality of the Departmental Colleges, as well as its affiliates, and has its headquarters in the city of La Paz.

Article 30 (Claim of fees) The lawyer who is not satisfied in the payment of his or her fees, may claim payment before the judge or authority that processed the case, according to the agreed fees or adjusting his or her request to the professional tariff.

Article 46 (Remission of antecedents) Any jurisdictional or administrative authority that sanctions a lawyer in the professional practice, who has committed a crime or breach of ethics in his or her capacity as a magistrate, judge, prosecutor or as a free professional, shall remit the proceedings, the resolution or sanction imposed to the Ministry of Justice and to the respective Bar Association, so that it may be incorporated in his or her personal file.