| Abstract [eng] |
Problematic Aspects of the Reimbursement of Representation Costs for Legal Services in Civil Proceedings The first part of Master’s Thesis describes the concept of attorney‘s fees and their historical origins. Also, substantial legal regulation changes are evaluated revealing new problems that arise in practice. It is worth noting, that the rules for the reimbursement of attorney‘s fees are influenced by the setting of the attorney's payment, therefore this thesis analyses the core principles of setting the attorney's fee, distinguishing issues of the paqtum de quota litis agreement. The second part of this Master’s Thesis presents the analysis of the reimbursement of representation costs and problems arising in the practice of Lithuanian courts in awarding these costs. The main rules for the allocation of costs are analysed since the reimbursement of attorney’s fees takes into account not only the criteria for determining the amount of the costs but also the general rules for allocating litigation costs. This thesis also considers the advantages and disadvantages of the main criteria for determining attorney’s fees, which are applied in different countries. After discussing the results of these criteria, the Lithuanian cost rationing system and cost size criteria are being evaluated from the practices being applied in the Lithuanian courts. Also this thesis will discuss the issues of the sufficiency of evidence for the costs of attorney and issues related to the moment of claiming the costs in court. The third part of the Master’s Thesis presents the main reasons why in practice only the attorney‘s and attorney’s assistant‘s fees are being awarded. Upon evaluating these reasons, a conclusion is being made, that the proper leading of civil proceedings requires a high level of legal knowledge and this can be assured by an attorney and attorney’s assistant. |
