What is the evidence of legal fees for their recovery?

Advocacy
13:08 Fri 17.01.25 288 Reviews
Print

The amount to be paid as reimbursement for the attorney's expenses necessary to provide legal aid is determined in accordance with the terms of the legal aid agreement on the basis of evidence confirming the relevant expenses.

The Supreme Court, composed of the panel of judges of the Administrative Court of Cassation, considered what constitutes sufficient evidence in case No. 380/13261/23. The decision of 04.12.2024 was published in the Unified State Register of Court Decisions.

The company won a dispute with the tax authorities on the invalidation and cancellation of a tax assessment notice. By an additional decision, the court recovered from the defendant the costs of professional legal assistance. The appeal upheld the position of the first instance court.

Disagreeing with this, the tax authority filed a cassation appeal with the Supreme Court. In particular, the defendant considered the additional decision to be unreasonable, as it believed that the criterion of the actuality of expenses was not met.

After all, the amount claimed for reimbursement of legal aid expenses was not documented before the additional decision was made, as no documents confirming the fact of payment of the fee were submitted to the court by the plaintiff.

However, according to the case file, the plaintiff attached copies of documents to the application for an additional decision, including an additional agreement, annexes thereto, an act of services rendered, a detailed description of the services performed by the lawyer and the expenses incurred by him to provide legal assistance, and two payment orders.

From the content of the agreement, it was clear that the lawyer provided legal assistance on a fee basis. The client was obliged to pay a fee for the assistance. At the same time, a sufficient confirmation of the fact that legal aid was provided and the client's obligation to pay for it is the execution of an act on the services provided between the parties.

The court of cassation noted that the decisions of the courts of previous instances show that the plaintiff had attached the relevant payment orders to the additional decision. And the defendant did not refute these circumstances cited by the courts in any way.

Taking into account these and other circumstances of the case, the panel of judges concluded that the cassation appeal should be dismissed.

As a reminder, the general rule of Article 134 of the Code of Administrative Procedure is that the parties bear the costs associated with legal assistance of a lawyer. Based on the results of the case, the costs of legal assistance of a lawyer are to be distributed between the parties along with other court costs.

Popular news

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

Rule of Law Roadmap

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.

14:01 Fri 30.10.26 115
The first country to ratify the Convention on the Protection of the Professions of Lawyer

Abroad

The first country to ratify the Convention on the Protection of the Professions of Lawyer

Bosnia and Herzegovina became the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer (CETS No. 226). The country signed the Convention on March 17, 2026, so it took just over seven months to ratify it.

12:17 Fri 30.10.26 112
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Support

In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.

11:24 Fri 23.10.26 110
What to do when you need immediate protection in the LCIA

Educational events

What to do when you need immediate protection in the LCIA

A dispute with a counterparty has been referred to the London Court of International Arbitration (LCIA), but it will take several weeks to appoint the arbitrators, and the client needs legal representation immediately? This can be achieved through an emergency arbitrator or expedited tribunal formation.

14:16 Thu 22.10.26 101
An advocate's meeting with a client outside the office: how to conduct it without giving away too much

Educational events

An advocate's meeting with a client outside the office: how to conduct it without giving away too much

If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.

13:07 Tue 20.10.26 114
The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 142
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 145
What an advocate can delegate to an assistant, colleagues and AI — and what they cannot

Educational events

What an advocate can delegate to an assistant, colleagues and AI — and what they cannot

An advocate can delegate even a complex lawsuit to an assistant, consult with colleagues daily, and ask artificial intelligence to find relevant case law. However, it is up to the advocate to proofread the document, verify every reference, and decide what to disclose about the client’s case.

10:29 Mon 19.10.26 100

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл