Lawyers' Fees, Competition Law and Contingent Fees

12 Pages Posted: 31 Mar 2009

See all articles by Carlos Gómez Ligüerre

Carlos Gómez Ligüerre

Universitat Pompeu Fabra - Department of Law

Carlos Alberto Ruiz García

Universitat Pompeu Fabra - Department of Law

Date Written: March 16, 2009

Abstract

Contingent fees have been traditionally prohibited in the Spanish legal system. However, on November 4th, 2008, the Spanish Supreme Court rendered a revolutionary decision on the issue. Under Competition Law, the Court quashed the prohibition under the reasoning that it affected competition by restricting the attorney and its client to freely set the price of the legal assistance and, therefore, imposing indirectly a minimum fee.

Note: Downloadable document is in Spanish.

Keywords: Legal Fees, Competition Law, Contingent Fees

Suggested Citation

Gómez Ligüerre, Carlos and Ruiz García, Carlos Alberto, Lawyers' Fees, Competition Law and Contingent Fees (March 16, 2009). InDret, Vol. 1, 2009, Available at SSRN: https://ssrn.com/abstract=1368656

Carlos Gómez Ligüerre

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

Carlos Alberto Ruiz García (Contact Author)

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

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