PROFESSIONAL HONORARY LAW OF ABOGADOS, PROCURADORS AND AUXILIARES OF NATIONAL AND FEDERAL JUSTICE Law 27423 Creation.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
PROFESSIONAL HONORARY LAW OF ABOGADOS, PROCURADORS AND AUXILIARES OF NATIONAL AND FEDERAL JUSTICE
Scope and presumption
ARTICLE 1. The fees of lawyers and prosecutors who, for their judicial, extrajudicial, administrative or mediation activities, act as sponsors or representatives, or assistants of the Justice, in matters falling within the jurisdiction of national or federal justice, shall be regulated in accordance with this law.
These rules shall also apply for the regulation of the fees of the other Justice Assistants with respect to their performance in matters referred to in paragraph 1 except as provided for in the special laws.
ARTICLE 2. Professionals who act as lawyers for their clients and have been recruited on a permanent basis, with fixed assignment, monthly or in relation to dependency, may not invoke this law, except in respect of matters of which matter is alien to that relationship or if they mediate sentences on costs to the opposing party or to third parties other than the contractual relationship.
ARTICLE 3. The professional activity of lawyers and prosecutors and court assistants is presumed to be onerous, except in cases where legal exceptions may be free of charge. The fees enjoy general privilege, they are of a food nature and therefore are very personal, lading only up to twenty per cent (20%) of the amount that exceeds the minimum, vital and mobile wage, except if it comes to food debts and expense litis.
The fees shall be the exclusive property of the professional who has earned them.
Contract of fees and pact of quotalitis
ARTICLE 4. Lawyers and prosecutors may agree with their clients, in all cases, the amount of their fees subject to this law and the Civil and Commercial Code of the Nation. The contract shall be made in writing and shall not admit another proof of its existence than the display of the document itself or the recognition of the party obliged to pay fees.
The fee agreements have only effect between the parties and their relations are governed by the waiver of the sentence on costs to be paid to the opposing party.
ARTICLE 5. The advance waiver of fees and the agreement or agreement that tends to reduce the proportions established in the tariff set by this law shall be null and void, except if it is agreed with ascendants or descendants in a straight line, spouse, cohabitant or brothers of the professional, or whether it is pro bono or similar activities provided for in the current regulations. A professional who has previously renounced his or her fees or agreed to a less than the amount provided for in this law shall incur a lack of ethics. The same situation will be set up in the case of the professional who, having exercised that conduct, will claim the payment of fees or fees higher than the agreements. In the light of these cases, the disciplinary court of the jurisdiction shall, even on its own motion, intervene. (Paragraph noted by art. 1 Decree No. 1077/2017 B.O. 21/12/2017)
ARTICLE 6. Counselors and prosecutors may conclude with their clients a quota pact, for their activity in one or more processes, in all cases, subject to the following rules:
(a) Draft, before or after the commencement of the trial, in writing with as many copies as parts;
(b) It may not exceed thirty percent (30%) of the result of the lawsuit, regardless of the number of covenants held and regardless of the number of professionals involved. It may only be higher than that percentage in the event that the professional expressly takes charge of the expenses for the defense of the client and the obligation to respond by the costs, in which case the pact may extend to forty percent (40%) of the liquid result of the trial;
(c) In the provisional, food or intervention of minors acting with a legal representative, the fees of the paid professional may not be subject to quotalitis;
(d) The fees to be declared by the opposing party shall be exclusively for the professionals, without prejudice to the client ' s agreement;
(e) The pact may be presented by the professional or by the client in the trial referred to therein. At any time, they may require judicial approval;
(f) The provisions of article 277 of the Labour Contract Act, 20,744 apply in labour matters;
(g) The revocation of power or sponsorship shall not nullify the fee contract, except that the fee would have been motivated by the lawyer or prosecutor who is fed up by competent authority, in which case the right to judicial regulation shall be retained, if applicable;
(h) A professional who has entered into a fee contract and commenced his/her actions may withdraw from the trial at any time. In such a case, the contract shall be terminated, except agreement otherwise. Their fees shall be regulated judicially, for which the amount of the trial, the terms of the agreement and eventually the outcome of the proceedings shall be taken into account;
(i) Agreements of fees may be freely entered into, between client and counsel, exclusively for the purpose of determining the retributions of those extra-judicial professional advice tasks, in which case the guidelines set out in the present law shall be applied supplemental.
ARTICLE 7. The receipt of fees with precise charge of the matter, dated prior to the conclusion of professional management, is considered as payment on the basis of the tariff.
ARTICLE 8. The institution in the respective jurisdiction is in charge of the government of the registration of lawyers or prosecutors, shall register on request of part, the contracts of fees and the pacts of quotalitis.
ARTICLE 9 In the event that agreed fees are required from the professional work, the executive track shall be prepared in accordance with the provisions of the Code of Civil and Commercial Procedure of the Nation, accompanying the documentation that credits the professional work and the agreement signed by the obligation. This will not be necessary if their signatures are certified or the agreement is registered with the institution that the government is responsible for the registration of lawyers or prosecutors in the respective jurisdiction. The judicial action provided for in this article shall not accrue judicial rate, seal, or tax.
Legal nature and modalities of payment of fees
Obligation of payment of the honorary
ARTICLE 10. The fees are the retribution of the professional work of the registered attorney or prosecutor and of the assistants of the Justice. No matter that has sued for judicial, extrajudicial, administrative or mediation proceedings may be considered terminated without the prior payment of fees, and there shall be no order for the lifting of embargoes, inhibitions or any other precautionary measure, the surrender of funds or securities deposited, registrations, or any other management that is the object of the plethora, until such time as the corresponding institution has been cancelled, or the registration has been counted with the specific effect of the registered The provision and social security regulations for lawyers and prosecutors in force in each province should also be enforced, including in the case of professionals excepted in article 2 of this Act.
If professional management arises from the act, the courts or administrative divisions where the procedure was carried out shall require the record of payment of fees or the express conformity or silence of the professional, within five (5) days of notification in accordance with the preceding paragraph. In case of urgency, it will be sufficient to prove that your payment has been secured and to notify the professional concerned in a fruitful manner.
It is the duty of the intervening judge to ensure faithful compliance with this rule.
In no case shall the agreement subsequently entered into be contrary to the professionals involved in the proceedings and have not participated in the agreement. Nor can it be legally approved.
With regard to the assistants of the Justice, judges may not return letters or offices between judges or courts of different jurisdiction, without prior subpoena of the same, if the payment of their fees has not been credited in cars, unless the person concerned expresses its conformity, or that their payment is secured with sufficient security.
ARTICLE 11. The obligation to pay fees for professional work, in principle weighs in solidarity on those convicted on costs or obliged to pay, and the professional may require and pursue the full or partial payment, their choice, of all or any of them. The fees of the judicial assistants designated as ex officio shall be required to any of the litigants or third parties cited in guarantee, without prejudice to the right of repetition that the party who has paid against the convicted person on costs. (Paragraph noted by art. 2nd of the Decree No. 1077/2017 B.O. 21/12/2017)
ARTICLE 12. If a professional departs from a process or management before his or her normal conclusion, he or she may apply for provisional regulation of fees, which shall be set at the minimum that may correspond to him or her in accordance with the completed proceedings. You may also request regulation of final fees, if the case is unprocessed for more than one (1) year for reasons beyond your will, or in the case of the Justice Assistants, including experts on the part or technical consultants, if such a time-frame occurs since the completion of your work in the case. The payment of the regulated fees shall be carried out by the party to whom the petitioner represented or sponsored or, in the case of the assistants of the Justice, required his performance, which, if any, shall have, in due course, the power to repeat in accordance with what is resolved on the costs.
General principles on fees
ARTICLE 13. Counsel or Procurator in his or her own case may charge his or her fees and expenses if he or she is convicted of costs.
ARTICLE 14. In the event that more than one lawyer or prosecutor is involved in the trial on the one hand, tariffs are considered as a single sponsorship or representation, and individual fees shall be regulated in proportion to the task performed by each.
If the lawyer is sponsored by another lawyer, the fees will be regulated considering the sponsor as a prosecutor and the sponsor as a lawyer.
ARTICLE 15. The judicial regulation of professional fees must be established and practiced with citation of the legal provision applied under the penalty of nullity. The mere mention of the articulate of this law shall not be considered a valid basis. At the time of applying for the regulation of fees, the professional may classify his or her duties in accordance with the provisions of this Act, and the judge must have special attention to the same, and in the event of a discord of criterion he or she must comply strictly with the provisions of this article. The sentence ending the lawsuit must contain the regulation of the intervening professionals.
ARTICLE 16. To regulate the fees of the professionals involved, the following will be taken into account:
(a) The amount of the matter, if it is susceptible of pecuniary appreciation;
(b) The value, motive, extent and legal quality of the work developed;
(c) The complexity and novelty of the question raised;
(d) Any liability arising from the particularities of the case for the professional;
(e) The result obtained;
(f) The likely significance of the resolution to be reached, for future cases;
(g) The economic and moral significance that for the interested party is the subject of discussion.
Judges may not depart from the minimums set out in this Act, which are of a public order.
ARTICLE 17. In cases of change of sponsorship or representation, the professional may act as a party or petitioner to protect his or her rights to the regulation of his or her fees, if he or she has not requested it; to the additional regulation to which he or she has the right according to the outcome of the lawsuit; or to the execution of the pact with his client in the terms of the provisions of articles 4°, 5° and 6° of this law.
ARTICLE 18. Those who without being convicted on costs pay professional fees will be legal subrogants of the respective credit. They may repeat from whom the amount paid, by the same tracks and with the same system set for the professionals in this law corresponds.
Regulation of fees to professionals
Minimum tariff fees
ARTICLE 19. Institute the Tariff Measurement Unit (UMA) for the professional fees of lawyers, prosecutors and assistants of the Justice, which will amount to three percent (3 %) of the basic remuneration assigned to the position of federal judge of first instance. The Supreme Court of Justice of the Nation will supply and publish monthly, by means of determining the resulting value by the High Court, by eliminating decimal fractions, and inform the different chambers of the value of the UMA.
Without prejudice to the percentage system set out in the following provisions, the appropriate minimum fees to be paid to lawyers, prosecutors and assistants of the Justice for their professional activity will result from the amount of UMA detailed in the following tables:
|(a) Minimum legal fees not subject to pecuniary appreciation ||UMA |
|Divorce ||10 |
|Action on the effects of divorce and parental responsibility ||25 |
|Adoption ||20 |
|Tutela ||20 |
|Restrictions on capacity and disqualification ||25 |
|Claim and challenge of filiation ||25 |
|State and family actions ||25 |
|Veeduría ||10 |
|Summary information ||2 |
|Administrative procedure before implementing authority ||2 |
|Procedure before the Inspector General of Justice ||3 |
|Submission of criminal complaints with signature of counsel ||8 |
|Incident of release or exemption from imprisonment or detention control hearing or coercion measures ||10 |
|Request and trial suspension hearing ||10 |
|Abbreviated trial record ||15 |
|Performance until the closure of the investigation or the control of the prosecution ||15 |
|Action from the closure of the investigation or the control of the prosecution to the judgement ||20 |
|Action of collective incidence, habeas corpus, habeas data ||25 |
(Text in bold observed by art. 3° Decree No. 1077/2017 B.O. 21/12/2017)
|(b) Minimum fees for extrajudicial work ||UMA |
|Oral consultation ||0.5 |
|Consultation with report ||1 |
|Drafting of a document ||1 |
|Study or information of judicial or administrative proceedings ||1.5 |
|Customer assistance and advice in the conduct of legal acts ||1.5 |
|Locating contract writing: from 1% to 5% of the contract value, with a minimum ||2 |
|Sales ticket writing: from 1% to 5% of the value of the ticket, with a minimum of ||3 |
|Drafting of contracts or statutes of commercial companies, associations or foundations and constitution of legal persons in general: from 1% to 3% of social capital, with a minimum of ||5 |
|Drafting of other contracts: 0.3% to 5% of the value of the same, with a minimum of ||2 |
|Extrajudicial settlement: from 50% of the scales set for them, with a minimum of ||1 |
|For administrative costs for trial initiation ||0.5 |
|Criminal complaint drafting (without signature of counsel) ||3 |
|Assistance to a mediation or conciliation hearing ||2 |
How to regulate professional fees
ARTICLE 20. The attorney's fees will be set at forty percent (40%) of which by this law it is appropriate to fix the sponsoring lawyers. If the counsel shall act as an attorney without sponsorship, he or she shall receive the total assignment that is due to both.
ARTICLE 21. In proceedings that may be of monetary appreciation, the fees for the defence of each party shall be set according to the amount of the parties, according to the following scale:
|Scale ||% |
|Up to 15 UMA ||22% to 33% |
|From 16 UMA to 45 UMA ||20% to 26% |
|From 46 UMA to 90 UMA ||18% to 24% |
|From 91 UMA to 150 UMA ||from 17% to 22% |
|From 151 UMA to 450 UMA ||15% to 20% |
|From 451 UMA to 750 UMA ||from 13% to 17% |
|From 751 UMA onwards ||12% to 15% |
In no case may the fees be less than the previous immediate degree of the scale, with more application increase to the surplus of the liquor corresponding to the next grade.
If there is litisconsortium the regulation will be made in relation to the interest of each litisconsorte. In the processes of voluntary jurisdiction, for the purposes of regulation, it shall be considered that there is only one (1) party.
In the case of the Justice Assistants, the amount of regular fees may not be less than five percent (5%) or more than ten percent (10%) of the amount of the process. In view of the existence of highly complex or extensive work, judges, considering the merit and exceptional significance of the work, may, by self-reliance, apply a higher percentage than previously set.
In all cases, if there is no susceptibility of pecuniary appreciation, the valuation guidelines for article 16 shall apply for the regulation of fees.
The preceding rules, as well as the other rules of the present law, insofar as it makes the experts of the party and the technical consultants, shall apply to them in the same manner as to the appointed experts of office, except as provided for in article 478 of the Civil and Commercial Procedure Code of the Nation.
ARTICLE 22. In the proceedings for the collection of sums of money, for the purposes of the regulation of fees of the intervening professionals, the amount of the matter shall be the amount of the claim or reconvention; if there is a judgement it shall be that of the liquidation resulting from it, updated by interest if it corresponds. In case of transaction, the amount will be the amount of the same.
If the claim or the reconvention is entirely dismissed, the amount of the claim, updated by interest at the time of the sentence, will be valued, if it corresponds, decreased by thirty per cent (30%), or, in the processes of undetermined amount, according to the accounting expertise, if it exists.
ARTICLE 23. The amount of proceedings in the event that there are assets susceptible to pecuniary appreciation shall be determined as follows:
(a) If these are real property or property rights and have not been car-rate, the amount of the matter shall be tax valuation at the time of the regulation, increased by 50 per cent (50%). However, inappropriate to the real value of the property, the professional may estimate the value assigned to him, which will be transferred to the obligation to pay. In the event of an opposition, the judge shall designate an expert. Of the expertise will be transferred for five (5) days to the professional and the obligation to pay. If the value assigned by the judge is closer to the one proposed by the professional, than to the one of the fiscal value or the one proposed by the obligation, the costs of the expert shall be borne by the latter; otherwise, they shall be in charge of the professional. This procedure shall not prevent the sentencing of the principal, the regulation of fees being deferred;
(b) In the case of movable or semi-moving property, the amount of the matter shall be taken without prejudice to the determination set out in subparagraph (a);
(c) If it is the collection of sums of money from successive tract obligations, the total amount of the claim, plus its accessories, shall be as the value of the plethora;
(d) In the case of credit rights, the value appropriated in the respective writings or documents shall be taken as the amount of the matter, deduced the normal amortizations provided for therein, or the extraordinary ones justified by the person concerned;
(e) If these are the titles of income or shares of private entities, the value of the quotation of the Buenos Aires Trade Exchange shall be taken as the amount of the matter; if it does not quote in stock, the value of any official banking entity; if the determination is impossible, the procedure of subparagraph (a) shall apply;
(f) In the case of commercial, industrial or mining establishments, the asset shall be assessed in accordance with the rules of the subsections of this article; the liability justified by accounting certification or other appropriate means shall be discounted if the accounting is not carried in legal form, and the resulting liquid shall be added to ten per cent (10%) which shall be computed as a key value;
(g) If it is usufruct or nude property, the value of the property shall be determined in accordance with subparagraph (a) of this article;
(h) If it is use and room, it will be valued at ten percent (10%) per year of the value of the respective good, justified according to the rules of subparagraph (a) and the result will multiply by the number of years by which the right is transmitted, not being able to exceed in any case of the hundred percent (100%) of it;
(i) If such property is subject to depletion, mines, quarries and the like, the value shall be determined by the procedure provided for in subparagraph (b) of this article;
(j) If these are concessions, intellectual rights, trademarks, patents and privileges, the same rules of subparagraph (b).
ARTICLE 24. For the purposes of the regulation of fees, the interest to be calculated on the amount of conviction shall be taken into account. The interests set in the judgement must always integrate the regulatory basis, subject to nullity.
ARTICLE 25. In case of search, withdrawal and transaction, before the trial opening is decreed, the fees will be 50 per cent (50%) of the Article 21. In other cases, one hundred percent (100%) of that scale will be applied.
In the case of experts, if after the acceptance of the position the process ends abnormally by any of the forms established by the existing rules, the fees shall be regulated by the following guidelines:
(a) If the expert has been submitted, it shall be done as determined by articles 12, 21 and concordant of this law;
(b) If the expertise had not been presented, the judges would appreciate the work done on the basis of article 16 and provide adequate compensatory regulation. To this end, they will require the intervening professional to detail the tasks carried out from the acceptance of the post to the date of notification of the completion of the process; (c) In the cases of agreement of parties, having presented the accounting expertise, the regulation of fees will proceed considering as a regulatory basis the amount of the demand with updating and interest, the agreement to the expert that did not intervene in it being inopponible. (Council noted by art. 4° Decree No. 1077/2017 B.O. 21/12/2017)
ARTICLE 26. The professional ' s fees for the party at trial shall be set on the basis of the general scale, in accordance with the guidelines set out in article 16.
ARTICLE 27. If in the transaction or conciliation the delivery in kind of a claim is agreed, the professional for the purposes of the regulation of his fees may offer proof of the market value of the object of the benefit and the provisions of article 23 of this law shall apply.
ARTICLE 28. If actions have been accumulated or deducted in the lawsuit, the fees corresponding to each will be regulated separately.
Procedural steps. Division in stages. Regular processes, successors, contests, special processes, execution, arbitral and criminal proceedings
ARTICLE 29. For the regulation of fees, the processes, according to their nature, will be considered divided into stages.
The stages will be divided as follows:
(a) The demand for and reply in all trials and the initial writing in successions and other similar trials shall be regarded as one third of the trial;
(b) The trial proceedings in ordinary and special trials, and the proceedings performed until the declaration of heirs, including, shall be considered as another third party;
(c) The other proceedings and procedures until the completion of the trial in the first instance shall be regarded as another third of the trial. Supplementary or post-judicial work enumerated above shall be independently regulated and up to one third (1/3) of the main regulation;
(d) The rules of article 16 shall apply in arbitral proceedings;
(e) Criminal, correctional, contraventional and fault proceedings shall be considered divided into two (2) stages. The first will include the instruction until its closure and the second, the other proceedings until the final judgement;
(f) In executive trials without exceptions, it will be computed as one (1) stage, from the lawsuit to the judgment. The second stage shall be computed from the judgement of first instance to its conclusion; if exceptions are made, they shall be considered divided into three (3) stages: the first from the complaint to the filing of exceptions and their response; the second, from that procedural act to the judgement; the third stage shall be computed from the judgement of first instance until its conclusion;
(g) The incidents will be divided into two (2) stages; the first is composed of the planting that originates it, whether verbal or written, and the second, of development until its conclusion.
ARTICLE 30. For the proceedings of the second or subsequent instance, they shall be regulated in each one of them from thirty percent (30%) to thirty-five percent (35%) of the amount set for first instance fees.
If the appealed judgement is revoked or amended, the High Court shall make an ex officio adjustment to the regulations for the first instance, taking into account the new result of the lawsuit and shall regulate the fees corresponding to the tasks performed in the Highway.
If the appeals judgement was revoked in all its parties in favour of the appellant, the professional fees for the work in that appeal instance will be set between thirty percent (30%) and forty percent (40%) of those for the first instance.
ARTICLE 31. The introduction to the Supreme Court of Justice of the Nation of extraordinary remedies, unconstitutionality, review, cassation, ordinary, direct and other similar or non-normal access, may not be paid in less than twenty (20) UMA. Complaints for denial of these resources cannot be paid in less than fifteen (15) UMA. If such remedies were granted and processed, the provisions of article 21.
Way to regulate the stages. Judicial Administrator and Interventor
ARTICLE 32. The following scales shall be applied for the regulation of the fees of the judicial or interventor appointed in voluntary, contentious and universal trials:
(a) When professionals are appointed in trials to act as judicial administrators, inventors or venettors of natural or legal persons, of successions, entities or agencies of any object or legal nature, they shall be regulated in a scale of 10 per cent (10%) to 20 per cent (20%) on the amount of profits performed during their performance;
(b) When professionals are appointed in trials to act as collectors, their fees will be regulated on a scale of ten percent (10%) to twenty percent (20%), calculated on the profits performed during their performance;
(c) The functions of judicial liquidators for the same cases as those envisaged for the administrators shall be paid up to a maximum of 10 per cent (10%) on the amount of the liquidated assets;
(d) The functions of arbitrators, mediators or amicable commissars or the performance of arbitral experts shall be paid up to a maximum of fifteen percent (15%) on the amount of the dispute.
In the activities regulated in this article, if the task of the professional requires daily care or involves a daily and necessary expense, of fixed amount and permanent character, the Justice Assistant may request that a retributive amount of these disbursements be fixed, which will be deducted from the daily collection of the activity subject to its task.
Regulatory bases shall be expressed at the values of the date of the regulatory resolution in accordance with the guidelines of Article 24 and the concordant.
ARTICLE 33. In criminal cases, for the purposes of the regulations, the following should be taken into account:
(a) The general rules of article 16;
(b) The nature of the case and the penalty applicable for the crime of the proceedings;
(c) The influence that the judgement has or may have on its own or in relation to the law of the parties subsequently;
(d) The performance of probative proceedings, as well as the importance, quality and complexity of the evidence offered and produced;
(e) In other cases, the amount of which may be pecuniaryly assessed, professional fees shall be set in accordance with the scale of article 21, which cannot be less than those set out in article 58. The compensatory action promoted in the criminal proceedings shall be regulated as if it were a regular civil-based process.
ARTICLE 34. In executive trials and special executions, for the purpose of acting from initiation to sentencing, the fees of the lawyer or prosecutor shall be calculated according to the scale of article 21. There are no exceptions, the fees will be reduced by ten percent (10%) of which it is regular.
ARTICLE 35. In the successor process, if a single (1) counsel sponsores or represents all heirs or stakeholders, their fees shall be regulated on the value of the heritage that is transmitted, including the gains, in half of the minimum and maximum of the scale set out in article 21.
They will also integrate the regulatory basis existing assets into other jurisdictions within the country. In the case of processing more than one (1) succession in the same process, the amount will be that of the heritage transmitted in each of them.
The value of assets shall be taken into account in article 23.
If the record contains a value for taxation, estimation or sale higher than the tax valuation, or the demonstration established in article 23 (a) of this law, that value shall be considered for the purposes of regulation. In the event that several lawyers are involved, the fees will be regulated by the qualifications of the work of each professional, and the regulation must be determined by the common character of the mass or particular by the person concerned. The fees of the lawyer or party lawyers as a whole will be set on the value of being divided, applying a scale of two percent (2%) to three percent (3%) of the total. If it is the Justice Assistant, the fees derived from the performance as a party expert to perform and subscribe the partition accounts together with the lawyer, will be regulated on a scale of two percent (2%) to three percent (3%) of the value of the goods object of the partition.
ARTICLE 36. (Article Derogated by Article 3 of the Decree No. 157/2018 B.O. 27/02/2018. Watch: from the day after the date of publication in the Official Gazette)
ARTICLE 37. In precautionary measures, whether they deal autonomously, incidentally or within the process, the fees shall be regulated on the amount that is intended to be secured, applying as a basis twenty-five per cent (25%) of the scale of Article 21; except in cases of dispute or opposition, in which the base shall rise to fifty per cent (50%).
ARTICLE 38. In the case of possession, interdict or division of common property, the scale of article 21. The amount of the fees will be reduced by twenty per cent (20%) according to the value of the goods in accordance with the provisions of article 23 if it is exclusively for the benefit of the sponsor, in relation to the quota or party defended.
ARTICLE 39. In the food trials the basis of the calculation of the fees will be the amount corresponding to two (2) years of the quota that is set judicially.
In cases of increase, decrease, cessation or co-participation in food, the difference resulting from the amount of the sentence by the end of two (2) years shall be taken as the basis of the scale of the incidents.
ARTICLE 40. In the eviction proceedings the fees will be set according to the scale of article 21, based on the total rentals of the contract. In the event that the location is for housing and/or room, such amount will be reduced by twenty percent (20%).
If the professional deems the rent fixed in the contract inadequate or in the event that the contract could not be determined exactly or the case of intrusion or precarious tenure, the updated location value of the property must be determined, for which the professional may accompany fees in this respect or designate a perito to determine it, paying the expenses of the latter who is further away from the amount of the valuation of the established location value. In the case of an agreement on unemployment and its execution, the fees shall be governed by fifty per cent (50 per cent) of the first paragraph.
ARTICLE 41. In the procedure for the execution of judgements relapsed in knowledge proceedings, the fee regulations shall be applied by half the scale of article 21. There are no exceptions, the fees will be reduced by ten percent (10%) of which it is regular. Proceedings after the execution itself will be regulated by forty percent (40%) of the scale of the article.
ARTICLE 42. In the case of the manager of article 48 of the Civil and Commercial Proceedings Code of the Nation or similar, of useful management for the work of the lawyer or the procurator who benefit third-party creditors or contenders, the corresponding regular fees will be increased by four per cent (4%) calculated on the funds available for them as a result of their task.
ARTICLE 43. The labour and supplementary cases brought before the labour courts shall apply the tariff provisions of this law, both at the stages of contradictory proceedings, as well as in the execution of administrative decisions or in which it intervenes as a court of entanglement, as appropriate. In the claims of eviction for the restitution of property or part of them, granted to workers under the working relationship, the fifty per cent (50%) of the last normal and habitual monthly remuneration to be paid according to their professional category for the term of two (2) years shall be considered as value of the trial.
ARTICLE 44. The interposition of actions and requests of an administrative nature will follow the following rules:
(a) Administrative disputes: the principles set forth in articles 21 and 23 of the present shall apply; if the matter is susceptible to pecuniary appreciation, the scale of the first shall apply;
(b) Proceedings before public administration agencies, State enterprises, municipalities, decentralized, autonomous entities: if such procedures were governed by special rules, the professional may apply for judicial regulation of his work, if the issue is susceptible to pecuniary appreciation, applying subparagraph (a) of this article, with a reduction of fifty per cent (50%).
In cases where matters are not subject to pecuniary appreciation, the regulation shall not be less than seven (7) or five (5) AU, depending on the exercise of administrative contentious actions or administrative proceedings, respectively.
ARTICLE 45. In the liquidation and dissolution of the property regime of the marriage, fees shall be regulated to the sponsor or seize of each party in accordance with the scale of Article 21 calculated on the assets to be adjudged to its sponsored or represented.
ARTICLE 46. The rule of article 23, subparagraph (a), shall be applied in the proceedings arising from the contract for the sale of property for the purposes of the regulation, unless it is a larger amount of the sale ticket, in which case the latter shall apply.
ARTICLE 47. Incidents and third-party events, whether they deal autonomously or within the same trial or file, will be considered separately from the main trial. The fees will be regulated between eight percent (8%) and twenty-five percent (25%) of what corresponds to the main process, not being able to be less than five (5) UMA.
(Article 5 of the Decree No. 1077/2017 B.O. 21/12/2017)
ARTICLE 48. By the filing of actions of unconstitutionality, amparo, habeas data, habeas corpus, in the event that they cannot be regulated in accordance with the scale of article 21, the rules of article 16 shall apply, with a minimum of twenty (20) UMA.
ARTICLE 49. In actions on rights of collective incidence with property content, fees will be those resulting from the application of article 21, reduced by twenty-five per cent (25%).
ARTICLE 50. In accordance with the following guidelines, the fees for the processing of letters or trades provided for in law 22.172 shall be regulated:
(a) If such notifications or acts are concerned, the fees may not be less than three (3) UMA;
(b) If inscriptions of domains, rows, wills, levies, kidnappings, embargoes, inhibitions, inventories, auctions, evictions, or any other registration act are requested, fees will be regulated on a scale between ten (10) and twenty (20) UMA. In cases of appointments of assistants of the Justice before rogatory or trades coming from another jurisdiction and for the purpose of establishing the regulatory basis of fees for the judge of office, a copy of the claim must be accompanied, and of the reconvention, if any;
(c) If this is a test-processing procedure and has been involved in its production or grief, the exhorted judge shall regulate the fees proportionally to the work carried out, on a scale between seven (7) and thirty (30) UMA.
ARTICLE 51. The regulation of fees must contain, under penalty of nullity, the amount expressed in legal currency and the amount of UMA that this represents at the date of the resolution. The payment will be final and cancellation only if the amount of currency of legal course is paid that is equivalent to the amount of UMA contained in the regulatory resolution, according to its current value at the time of payment.
Procedure to regulate fees
ARTICLE 52. Even without the request of the person concerned, the respective fees of the lawyers and prosecutors of the parties and the assistants of Justice shall be regulated in the judgement. For the purposes of regulation, the interests, fruits and accessories will be taken into account, which will integrate the regulatory base as set out in articles 22, 23 and 24.
ARTICLE 53. Professionals, at the time of applying for the regulation of their fees, may make their estimation, perform the liquidation of expenses and highlight the legal and economic situations they consider computable. The estimate will be transferred for the term of five (5) days to those who may be obliged to pay.
The request for provisional regulation made at the time provided for in article 12 and the resolution that decrees the deferral of the final regulation referred to in article 23, paragraph (a), final part, shall result in the suspension of the terms of limitation provided for in articles 2.558 and 2.560 of the Civil and Commercial Code of the Nation, with the terms revoked from the notification of the judgement to the professionals whose fees had been deferred, or the regulation.
ARTICLE 54. Legally regulated fees must be paid within ten (10) days of finalizing the regulatory resolution.
Extrajudicial fees will be paid within ten (10) days of intimate payment, when required. The fees charged by the principal or sponsor shall be notified to the actual or the constituted address.
The fee-collection action, which is judicially regulated, shall be handled by the execution of the sentence. In no case shall it pay justice rate, nor shall it be subject to any contribution whatsoever.
The fees must always be paid in legal currency.
Debts of fees, agreed upon or by firm judicial regulation, where there is a debtor ' s arrears, shall accrue interest from the date of the first instance regulation and until the time of its effective payment, which shall be fixed by the judge of the case following the same criterion as the one used to establish the updating of the economic values of the case.
ARTICLE 55. For the judicial determination of fees for extrajudicial work, if requested by the professional, the scale of article 21. In no case will the fees to be regulated be less than fifty percent (50%) of what would correspond judicially according to the present guidelines.
The professional shall credit the work carried out, accompanying the proof of which he attempts to avail himself, acknowledging the importance of his work and the amount in question, of which the other party shall be notified for the term of five (5) days. If there is no opposition to the work carried out, the judge shall set aside the appropriate fees; if any, the matter shall be dealt with in accordance with the rules applicable to the incidents.
Such proceedings shall not pay any rate of justice, sealing, or taxation by the acting professional.
ARTICLE 56. The resolutions governing fees shall be notified to their beneficiaries and to those obliged to pay, personally, by cédula, telegram or any other means provided for in the Code of Civil and Commercial Procedure of the Nation. They will be appealable within five (5) days, and the appeal may be found in the act of appeal.
In the event of a fee appeal, the provisions of article 244 of the Code of Civil and Commercial Procedure of the Nation shall apply. The respective appeals chamber shall resolve the appeal within thirty (30) days of receipt of the file.
The fees will be appealable without the amount of the same.
In the event that the regulation is part of the final judgment, the notification must accompany a full copy of the sentence under the penalty of nullity of the notification.
ARTICLE 57. If the defendant on coast does not pay the professional fees in time and form, the professional may require his payment to his client, after thirty (30) days of non-compliance and provided that he is duly notified.
ARTICLE 58. The minimum established to regulate fees for pecuniary judgements not provided for in other articles shall be as follows:
(a) In the knowledge processes, of ten (10) UMA;
(b) In executives, six (6) UMA;
(c) In mediation processes, of two (2) UMA;
(d) In the case of Justice Assistants, of four (4) UMA.
Justice Assistants Honorary
ARTICLE 59. They will be considered as assistants of Justice in the terms of this law to those who, by their art and profession, contribute their knowledge to the best development of the evidentiary framework of the process or perform any other work set forth in the process, in the roles provided by the laws and with the scopes that arise from them and the resolution that designates them. The following rules shall be applied:
(a) The tariffs set out in this regime relate only to the remuneration for professional service fees, not to the various expenses arising from management performance. In order to attend to the latter, the professional shall have the right to request that funds be made available on the third day of acceptance of the position. It should base its need and estimate its amount;
(b) If the task to be carried out is of great magnitude, the professional may use the collaboration of ad hoc assistants, after judicial authorization;
(c) In the circumstances of subparagraphs (a) and (b), the costs shall be anticipated to the expert prior to the performance of the task entrusted, by the party requesting the expertise, subject to the expectation of being considered dismissed;
(d) If the Justice Assistant is requested to work which is not part of the required main work, the judge shall, in addition to the accrued fees for the principal work, provide additional remuneration for the related task, in accordance with articles 12, 21 and concordant;
(e) The regulatory judgments of honorariums will include the tasks performed until the date of their dictation. Any professional tasks after the date of the judgement shall be subject to a new regulation of fees as provided for in articles 12, 21 and concordant;
(f) The court ruling that has a direct or indirect relationship with the management of the Justice Assistant will be notified by cédula and copy;
(g) Issues arising from judicial proceedings that are not expressly resolved shall be resolved by the application of similar principles of matters relating to this law and, if this is not possible, by extension of the procedural provisions in each of the judicial courts;
(h) In cases where the costs are imposed on those who have the benefit of litigating without expenses, the experts may claim the full amount of their fees to the unconvicted party on coasts, regardless of the right to repeat against the person required to pay. Previously, the sentenced person must be paid on costs;
(i) In the performance of their actions as assistants to the Justice, the professionals shall be assimilated to the judges in respect of the respect and consideration to be kept to them;
(j) In cases where the tasks of judicial administrators, interveners, judicial liquidators, breakdown and sinister liquidators and partyers in succession proceedings are extended for more than three (3) months, the assistant may apply for provisional fees for the tasks performed in that period.
ARTICLE 60. In processes not susceptible to pecuniary appreciation, the fees of the experts and of the liquidating experts of breakdowns will be set according to the value guidelines of Article 16 and at a minimum of six (6) UMA, being sufficient for the fixing of the minimum fees, the acceptance of the conferred position. In the case of other Justice Assistants, specific rules will be applied.
ARTICLE 61. In proceedings subject to pecuniary appreciation, for the first-instance proceedings to the judgement, the fees of the expert and of the liquidating expert of breakdowns shall be set as provided for in article 32. For such cases the minimum fees to be regular reach six (6) UMA. In the case of other Justice Assistants, specific rules will be applied.
ARTICLE 62. For the purposes of this law, no person, human or legal, may use the denominations “legal study”, “legal consulatory”, “legal asylum” or other similar ones, not to mention the lawyers in charge of their leadership.
Without prejudice to the criminal sanction that is applicable, it may be made available, ex officio or to the mere requirement of the institution which in the respective jurisdiction is entrusted to the government of the registration, the closure of the premises or a fine of thirty (30) UMA that will be in solidarity with the offenders, and will be allocated to the funds of that institution.
ARTICLE 63. Replace articles 254 and 257 of Law 24.522, of contests and bankruptcies, which will be drafted as follows: Article 254: Functions. The syndicate has the functions indicated by this law in the process of the preventive examination, until its completion, and in the whole process of bankruptcy, even its liquidation. You will exercise the same with compulsory legal sponsorship, whose fees will be paid by the contest or bankruptcy as appropriate. Article 257: Professional advice. Without prejudice to compulsory legal sponsorship, the syndicate may require expert advice when the matter exceeds its competence. In such a case, the fees of the advisers you hire will be at your sole position. (Article 6 of the Decree No. 1077/2017 B.O. 21/12/2017)
ARTICLE 64. This law shall enter into force on the basis of its publication and shall apply to ongoing processes in which there is no firm regulation of fees. (Article observed by Article 7 of the Decree No. 1077/2017 B.O. 21/12/2017)
ARTICLE 65. Default of Law 21.839 and its amendment, and any other rule that is contrary to the present.
ARTICLE 66. Invite the provinces and the Autonomous City of Buenos Aires to adhere to the provisions of this law regarding the limitation of the laziness of the professional fees established in Article 3 of this Law.
ARTICLE 67. Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TREAT DAYS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL DIECISIETE.
— REGISTRATE BAJO #27423 —
MARTA G. MICHETTI. - EMILIO MONZO. - Eugene Inchausti. — Juan P. Tunessi.
e. 22/12/2017 N° 100109/17 v. 22/12/2017
In the issue of the Official Gazette No. 33.776 of Thursday, December 21, 2017, page 7 and 8, where the Decree 1076/2017 promulgatory of Law 27418 was published; and Decree 1077/2017 promulgatory of Law 27423, an involuntary error omitted the publication of the aforementioned Laws.
As a result, it is published.