Few people know it, but for some years now the Italian trial system has been rewarding “digital” lawyers.
In fact, article 4, par.1-bis of Ministerial Decree No. 37 of March 8, 2018, provides that, when determining the defense costs that are due to the winning party in a case, the lawyer’s fee is increased by 30 percent when the trial pleadings filed electronically are drafted using digital techniques that allow text search within the writs and attached documents, as well as navigation within the document.
Attorneys capable of drafting documents by using suitable techniques can therefore claim fees increased by 30 percent over the fee determined on the basis of the usual parametric fees’ schedules. To benefit from the increase, however, a special digital drafting technique is required, as the Supreme Court, in a decision dated Dec. 23, 2022 (No. 37692), ruled that the increased fee is not due when the electronically filed documents do not facilitate consultation “in an appreciable way”.
In practice, in order to benefit from the increased fee, it is necessary to create the so-called “hyperlinks” that allow one to be able to immediately view and consult, with a simple click, the documents cited in the trial pleading.
This principle was also recently confirmed by ruling No. 2282 of the Court of Palermo, issued on May 11, 2023.
This article was issued by our Italian member firm Lexellent. Do you have questions on this topic or want to know more about how they can help with their expertise in employment matters? Don’t hesitate to reach out to our representative Renato d’Andrea, Of Counsel at the firm.
