General
How much does a lawyer cost in Italy? Fees and estimates
It is one of the most common questions, and it is right to ask it first. Here is how lawyers’ fees work in Italy and what you are entitled to know.
Along with timescales, cost is the question I am asked most often. It is right to ask it straight away: clarity about costs is part of a relationship of trust with your lawyer, all the more so if you are unfamiliar with the Italian system.
Fees are agreed
Since 2012, the Italian law on the legal profession (Law No 247/2012, Article 13) has provided that fees are agreed, normally in writing, when the lawyer is instructed. They can be set in different ways:
- a fixed fee, for the whole matter or for individual stages;
- hourly, based on the time actually spent;
- a percentage of the value of the matter or of the expected result.
The law, however, prohibits agreements under which the lawyer receives, as payment, all or part of the property that is the subject of the dispute.
A written estimate is your right
The lawyer must explain how complex the matter is and must give you in writing the foreseeable cost of the work, distinguishing charges, expenses and professional fees.
A good estimate sets out at least:
- the work planned, broken down by stage;
- the fee for each stage, or how it is calculated;
- foreseeable out-of-pocket expenses;
- VAT and pension contributions.
If there is no agreement: the official scales
If no fee was agreed, the ministerial scales apply (Ministerial Decree No 55/2014, updated in 2022). They distinguish by value of the case and by stage: study, filing, evidence, decision. They are also what judges use when ordering the losing party to pay costs.
What is added to the fee
On top of the professional fee there are usually:
- a flat-rate reimbursement of general expenses, as provided by the scales;
- the contribution to the lawyers’ pension fund (4%);
- VAT, where due;
- out-of-pocket expenses: court fees, stamp duties, service of documents, copies, any expert reports.
State-funded legal aid
People whose income is below the threshold set by law (Presidential Decree No 115/2002), which is updated periodically, can apply for state-funded legal aid (patrocinio a spese dello Stato): the lawyer’s fee is then paid by the State.
A few points worth knowing:
- it applies in criminal, civil (where the claim is not manifestly unfounded) and administrative proceedings;
- in criminal cases the threshold rises for each cohabiting family member;
- certain victims, for example of domestic and gender-based violence, can be admitted regardless of income;
- the lawyer must be registered on the relevant lists.
How I work
At the first meeting I explain the possible scenarios and the foreseeable costs, and I always provide a written estimate on request. If there is a quicker and less costly route, such as an agreement or a negotiation, I consider it with you first.
To arrange a first meeting, contact the studio.