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ATTORNEY ASSIGNMENT BETWEEN THE TWO WORLD WARS IN HUNGARY >>>
ATTORNEY FEES OF THE HAPPY PEACEFUL TIMES IN HUNGARY >>>
REPRESENTATION BY LAWYER IN CIVIL TRIALS IN HUNGARY >>>
RULES OF PRACTICE OF LAWYERS IN 1958 IN HUNGARY >>>
POWER OF ATTORNEY IN HUNGARY 1874-1958 >>>
LAWYER IN INHERITANCE LAW CASES IN HUNGARY >>>
FAMILY LAW MATTERS IN ATTORNEY’S PRACTICE IN HUNGARY: DIVORCE, ASSET SHARING, CHILD CUSTODY >>>
PATENT, TRADEMARK, COPYRIGHT ATTORNEY IN HUNGARY >>>
TAX IN HUNGARY - TAX LAW ATTORNEY >>>
LAWYER IN REAL ESTATE LAW CASES IN HUNGARY >>>
LAWYER IN COMPANY LAW CASES IN HUNGARY >>>
SOFTWARE COPYRIGHT CASES IN LAWYER PRATICE IN HUNGARY >>>
HUNGARIAN LAWYERS, HUNGARIAN SOLICITORS, HUNGARIAN BARRISTERS >>>
BANKRUPTCY PROCEDURES AND LIQUIDATION IN HUNGARIAN LAWYERS PRACTICE >>>
CRIMINAL LAW LAWYER IN HUNGARY >>>
ATTORNEY FEES IN THE HAPPY TIMS OF PEACE
Code of attorney adopted in 1874 also contained provisions about the attorney fees. The attorney can clamour for the assigned case’s charges and time spent on the case proper reimbursement, correct "reward" (attorney fees), and all of these advances, calculated pro rata to cover the demand by the party he represents. The award attorneys' fees and reimbursement of time and money could be determined pending informal negotiation beetwen lawyers and clients. The prelimininary parleis had to confirm to demonstrate validity with deeds. The client could request the pre-determined attorney fees’ proportional reduction if the case or contract broke off because of a contingency or a random case. In these cases in litigation the action’s court in other matters the lawyer’s court was entitled to decide on the reduction of the fee
ENFORCEMENT OF ATTORNEY FEES If the lawyer hadn’t agree with the client on attorney fee and the costs, and didn’t get the rightful fees, and during the trial process didn’t determine as what compensation was entitled in return for his activities the attorney had the chance ti prove his list of charges at the competent court in the course of litigation. In this context - as well as the reduction relation - in litigation the action’s court, in other matters the attorney’s personal court decided on these matters. The attorney’s normally kept books and records during the case, and the duration of his correspondence have the power of evidence so far as the data provided by the client doesn’t weaken their credibility.
If bankruptcy proceedure started against the client the attorney fees must have been listed in the second class of general bankrupt, if these are pending, or these stem from no more than a year previously completed trials, or if these stem from earlier litigation, but the process for fees started 3 years earlier than the bankruptcy procedure.
ATTORNEY FEES, MONEY MANAGEMENT 1958
ATTORNEY FEES REGULATED IN STATUTORY RULE By the statutory rule in 1958 the lawyer can parley free with his client - within limits, which established in regulation by the Minister of Justice. In the course of the attorney's fees’ estimate had to take into account the current case’s nature, scope and importance and that according to the preliminary estimates on the extent of work needed to do by the attorney to accomplish the assignment. In addition the attorney must have been in view of its customer’s personal and financial circumstances when determining attorney's fees. The attorney fee agreement was concluded when the assignment and fees in the written materials had to be noted. The attorney fees against the third party to validation as injury didn’t depend on whether or not the principal person paid the standing attorney fees to the lawyers’ community. The claim is based on the attorney’s contract and during the amount of the damage’s (in this case, the attorneys' fees) determination the law ordered to take the same criteria as in the general case: the case’s nature, scope and importance, and the attorneys invested work to accomplish.
ATTORNEY FEE SCHEDULE FIXED IN REGULATION The Minister of Justice determined the rate of Hungarian attorney's fees in regulation. This regulation was applied regaridng the attorney fees in the Hungarian courts, if decided on the contestant’s damning litigant or fiduciary fee payment. It is important that the Hungarian lawyer and client could agree about the attorney's fees just within the confines of the order.
AGREEMENT IN ATTORNEY FEES IN HUNGARY About the attorney's fee - by rule - the Hungarian attorney and his client agreed at the time of undertaking the case by the attorney. The amount of attorney's fee was marked in the representations. In Hungary it was possible to agree about attorney's fee later as well. In this case, the lawyer’s information about the prospective amount of attorney’s fee’s and the time when they wish to agree about attorney’s fee were recorded. The attorney's fee was raised if it was justified by unforeseen circumstances. The client was required to present all documents and facts to determine the attorney's fee. If there was no agreement on attorney's fees, the brief could be terminated by the Hungarian attorney.
THE RATE OF ATTORNEY FEE Boundaries of the Hungarian attorney's fees in criminal cases in 1958 according to the order have changed between 200 and 1500 HUF and with the permission of the bar was possible to moor over 1500 HUF of attorney's fees. First, the scope of evidence, amount of documents the preparation time and the importance of the case were decisive factors in Hungary. In civil procedures fees primarily depended on the value of the subject of trial and it was possible to increase the limit in complex cases. In civil personal status marriage divorce proceedings attorney’s fees were apart types of cases in civil procedures. To foreign clients the attorney's fee was different from these rates in Hungary. The attorney with pirvate law practice could use diffening attorney’s fee in Hungary.
The order ruled in both instances the combined use cases’ attorneys' fees and their raising possibility. Replacement fee were paid between lawyers’ communities and attorneys. There was opportunity to determinate inclusive fee to government agency co-op and private clients in Hungary.
The order establishes that the fact that the other side paid or not to the client doesnt’t affect the client’s bond to pay the attorney’s fee. The attorney's fees were also affordable in advance in Hungary.
In 1962 Hungarian attorney fees were raised in criminal cases even if the brief referred to the investigation too. From 1973 , attorney fees were determined in raised in Hungary by the Minister of Justice’s order. The Hungarain attorney fees were raised by 30-50%. Also from this year the regulations which determined the lawyers’ activity to the condominiums company garages were regulated, too. Thus, attorneys’ fees were regulated because of deed of association’s, planning agreement’s, construction contrtact’s completion. From 1 January in 1975 has been included in the regulation of economic matters to the fine rules of legal procedure in Hungary.
ATTORNEY FEES AFTER 1980 IN HUNGARY The statutory rule about legal action in 1958 have contained rules about attorney fees. Carrying brief there were cases when money or other value were going to the attorney’s hands, but it was the client’s right. In these situations lawyer was obliged to inform the client immediately. From the client’s money– so called with compesation- the lawyer could offset lawyers’ fee and other assets which are confessed to the attorney as cost by final court decision or documents. After money received lawyer had to inform in writing his client about compesation had occured. The compesation couldn’t have happened if the money wasn’ t given to the lawyer with the purpose to give it to the client, in the case, even if the money to the customer of demands in return was paid, against which should not happen in the counting of the legislation .
ATTORNEY FEES IN ECONOMIC CASES
In 1982 Hungarian regulations on attorneys fees regarding civil society and economic work establishment contracts got in to the law. The preparation of such documents used lawyers fees estimate had to be attended to the numbers of persons in the contracts and the rate of financial contributions. The attorney fees could be raised then in the order determined in the case of particularly complex contracts were drawn up, increased responsibility and work required on the side of the attorney. Hungarian legislation in these years have been an opportunity to transform civil society to economic work, so in this case used attorney fees has been defined in the regulation.
In the following year revised provisions for cost inclusive have been established on the basis of lawyers' fees the 20 and 30% levels.
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