From an unscrupulous client who refused to pay the second part of the fee, the court recovered the amount of debt in the amount of 200,000 rubles and a penalty in the amount of 50,000 rubles in favor of the bar association
An agreement was concluded with the client to provide legal assistance in a criminal case under Article 229.1 of the Criminal Code of the Russian Federation, under the terms of which the client pays for legal services in the following manner: 150,000 rubles on the day of the agreement, 150,000 rubles within two months, and 200,000 rubles after the criminal case is sent to court or the criminal case is terminated.
An agreement was concluded with the client to provide legal assistance in a criminal case under Article 229.1 of the Criminal Code of the Russian Federation, under the terms of which the client pays for legal services in the following manner: 150,000 rubles on the day of the agreement, 150,000 rubles within two months, and 200,000 rubles after the criminal case is sent to court or the criminal case is terminated.According to the submitted receipts N ° 1705337, N ° 1705345, the UNSCRUPULOUS PRINCIPAL paid 150,000 rubles for providing legal assistance under the agreement at the time of signing the agreement and two months later paid another 150,000 rubles.
Refusing to pay the full amount of the fee, the representative of the unscrupulous principal pointed out that the conditions for payment of the funds specified in the agreement - payment of 200,000 rubles after sending the case to court or termination of the criminal case - had not occurred, the BAR ASSOCIATION improperly provided legal assistance to the ACCUSED (unscrupulous principal), advkat rarely visited him in jail, She did not give details about the DEFENDANT's line of defense, the number of investigative actions was not significant, and she believed that the total cost of the legal services provided by the plaintiff in accordance with the recommended minimum rates for legal assistance provided by the Kaliningrad Region Bar Association was not 500,000 rubles.
Satisfying the claims and collecting 200,000 rubles of debt for the provision of legal assistance and penalties in the amount of 50,000 rubles, the court stated the following:
The investigator of the investigative department of the Federal Security Service of Russia for the Kaliningrad region initiated criminal proceedings against OUR UNSCRUPULOUS CLIENT on the grounds of crimes provided for in paragraph "b" of Part 4 of Article 229.1 of the Criminal Code, Part 3 of Article 30, Part 5 of Article 228.1 of the Criminal Code. Both cases have been combined into one proceeding with the assignment of the number 11907270001000053. In this criminal case, OUR UNSCRUPULOUS PRINCIPAL has been charged under clause "b" of Part 4 of Article 229.1 of the Criminal Code of the Russian Federation and under Part 3 of Article 30, Part 5 of Article 228.1 of the Criminal Code of the Russian Federation.
229.1 of the Criminal Code of the Russian Federation - illegal movement across the customs border of the Eurasian Economic Union or the State border of the Russian Federation with the member states of the Eurasian Economic Union of narcotic drugs, psychotropic substances, their precursors or analogues, plants containing narcotic drugs, psychotropic substances or their precursors, on a particularly large scale - are punishable imprisonment for a term of fifteen to twenty years with a fine of up to one million rubles or in the amount of the convicted person's salary or other income for a period of up to five years or without it and with or without restriction of liberty for a term of up to two years or life imprisonment.
28.1 of the Criminal Code of the Russian Federation - illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or transfer of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances committed on an especially large scale, - shall be punishable by imprisonment for a term of from fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it, and with a fine of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it, or life imprisonment.
By a decision of the investigator of the investigative department of the Federal Security Service of Russia for the Kaliningrad region, the criminal prosecution in criminal case No. 11907270001000053 against OUR UNSCRUPULOUS PRINCIPAL was terminated on the grounds provided for in paragraph 1 of Part 1 of Article 27 of the Code of Criminal Procedure, i.e. due to his non-involvement in the commission of crimes, OUR UNSCRUPULOUS TRUST in accordance with Article 134 of the Code of Criminal Procedure recognized the right to rehabilitation.
According to Article 25 of the Federal Law of the Russian Federation "On Advocacy and Advocacy", advocacy is carried out on the basis of an agreement between an attorney and a client. The agreement is a civil law contract concluded in simple written form between the principal and the lawyer(s) for the provision of legal assistance to the principal himself or a person appointed by him.
Remuneration paid to the lawyer by the principal and (or) compensation to the lawyer for expenses related to the execution of the assignment are subject to mandatory payment to the cashier of the relevant law school or transfer to the lawyer's settlement account in accordance with the procedure and terms stipulated by the agreement.
309, 310 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law and other legal acts; unilateral refusal to fulfill the obligation and unilateral modification of its terms are not allowed, except in cases provided for by this Code, other laws or other legal acts.
According to Clause 1 of Article 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor undertakes to provide services on behalf of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
In accordance with clause 1 of Article 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services rendered to him on time and in accordance with the procedure specified in the contract for the provision of paid services.
Based on the above provisions of the law and the circumstances of the case, the court concluded that the amount owed by the UNSCRUPULOUS PRINCIPAL in favor of the plaintiff was 200,000 rubles under the contract for the provision of paid services. When making a decision on the satisfaction of a claim, the court is based solely on the binding legal relations of the parties under the contract for the provision of paid services.
The court finds the above-mentioned arguments of the defendant and her representative to be a way of evading civil liability.
Based on the general meaning of the terms of clause 2 of the agreement, which provide for the plaintiff's obligations, the result of the legal services provided by him has been achieved, even more, the UNSCRUPULOUS PRINCIPAL has been released from criminal liability on rehabilitative grounds, the investigation of the case continues against other persons, which does not affect the defendant's civil liability. If the case had been sent to court and the UNSCRUPULOUS PRINCIPAL had been convicted, the defendant's liability under the agreement would have remained the same.
It follows from the case file that the lawyer of the collegium defended the UNSCRUPULOUS PRINCIPAL for almost 16 months. Based on paragraph 2.3.1 of the recommended minimum prices for the provision of legal assistance by lawyers of the Kaliningrad Region Bar Association, according to which the participation of a lawyer at the preliminary investigation stage is from 50,000 rubles per month and not less than the amount indicated by the rates, for the last 15 months and 26 days of the provision of services by the plaintiff, the amount of payment according to these rates should not be less than 793 days thousands of rubles.
The case file contains information about the participation of the collegium's lawyer in numerous investigative actions, participation in the court of first instance and the court of appeal on the issues of extending the period of detention of an UNSCRUPULOUS PRINCIPAL, consideration of complaints in accordance with Article 125 of the Code of Criminal Procedure, information about the filing of complaints to various authorities in defense of the interests of an UNSCRUPULOUS PRINCIPAL, including detention in pre-trial detention facilities, the filing of numerous petitions to the investigator aimed at seeking and collecting evidence of the UNSCRUPULOUS PRINCIPAL's innocence in the commission of the crimes imputed to him, the visit of the accused 7 times in the pre-trial detention center, in total, more than 85 different types of work.
Visits to pre-trial detention facilities alone, based on the above minimum rates (paragraph 2.6), are estimated at 60 thousand rubles; for the participation of a lawyer in the court of first instance - in the amount of 80 thousand rubles, in the court of appeal - in the amount of 150 thousand rubles; investigative actions with the participation of a lawyer of the collegium, filing complaints and appeals It is dated on at least 30 different dates, which is estimated at 150,000 rubles at minimum prices, and given that several different services were provided by the defender on the same dates, it is obvious that on such days the defender's work should not be limited to minimum prices.
Thus, the amount of payment for legal services reached by the parties is commensurate with the legal work carried out by the plaintiff and the defender.
The defendant's representative's argument that the defense counsel rarely visited the UNSCRUPULOUS PRINCIPAL in pre-trial detention facilities as part of the agreement contradicts clause 19 of the Rules for Providing Legal Assistance in Civil, Administrative and Criminal Cases signed by the defendant and forming part of the agreement (clause 4 of the agreement), which states that the client agrees that if he If the lawyer is in a pre-trial detention center or penal colony (or in whose interests he concluded the agreement), then the lawyer visits if it is necessary to conduct investigative actions or on his own initiative; if it is necessary to negotiate or discuss the position on the case on the initiative of the client, the cost of the visit will be 5,000 rubles per day of visit, starting from the second time in Kaliningrad, and 10,000 rubles outside the city of Kaliningrad. That is, an additional visit by an administrative lawyer to the accused in pre-trial detention facilities required additional payment in addition to that stipulated in the agreement.
According to Clause 1 of Article 330 of the Civil Code of the Russian Federation, a penalty (fine, fine) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-fulfillment or improper fulfillment of the obligation, in particular in case of late fulfillment. Upon request for payment of a penalty, the creditor is not obliged to prove the damage caused to him.
According to paragraph 1 of Article 333 of the Civil Code of the Russian Federation, if the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty.
The court reduced the penalty to 50,000 rubles.
In view of the above, the court decided:
Partially satisfy the claims of the Kaliningrad Bar Association Grozny and Partners against the UNSCRUPULOUS PRINCIPAL.
To collect from an UNSCRUPULOUS CLIENT in favor of the Kaliningrad Bar Association Grozny and Partners a debt for legal assistance in the amount of 200,000 rubles, a penalty in the amount of 50,000 rubles, and a total of 250,000 rubles.
To recover from the UNSCRUPULOUS PRINCIPAL in favor of the Kaliningrad Bar Association "Grozny and Partners" the legal costs of paying the state fee.
The court's decision entered into force and the specified amount was recovered by bailiffs in full.