How can I recover my legal expenses in Quintana Roo?
The vast majority that need to sue tend to consider whether they will recover their legal expenses, such as attorney’s fees.
In the Civil and Mercantile Procedures in Mexico there is the figure of attorney’s fees and trial expenses, which are contemplated in the Civil Procedure Codes of each of the States of Mexico. Attorney’s fees and trial expenses should be paid to the the winning party in most civil and commercial trials.
Attorney’s fees and trial expenses are understood as the expenses made to promote and sustain a litigation. Trial expenses must be directly related to the legal process, in such a way that without them the trial could not be carried out such as translators, notary fees, experts, etc. Trial expenses do not include unnecessary expenses or those that are prohibited by law. In this sense, Attorney’s fees and trial expenses might not equal to the expenses paid by the winning party.
In order to dissuade lawyers to promote cases without a direct interest to the client, the quantification of Attorney’s fees and trial expenses are regulated by the Attorney’s fees and trial tariffs laws of each State. Therefore the amount varies state by state.
I.e. the Code of Civil Procedures of the State of Mexico, caps the maximum amount for Attorney’s fees and trial expenses at twenty per cent (20%) of the main debt. If the main claim was not a fixed amount, there are tariffs for each procedural action, and the sum of all, must be paid to the winning party as Attorney’s fees and trial expenses.
However, several Mexican States do not have a maximum percentage for the collection of Attorney’s fees and trial expenses. Nor does the Federal Commercial Code applicable to all commercial trials.
In the State of Quintana Roo, the code of Civil Procedures is the only legislation regulating the payment to the winning party of Attorney’s fees and trial expenses. The winning party should demonstrate the legal expenses incurred by means of a liquidation incident. In the liquidation incident the winning party will claim an amount for the Attorney’s fees and trial expenses incurred in the trial; and the counterparty will have a term to disagree, so that later a sentence is issued on this regard.
In the case of the payment of fees, there is a Law of Professions in Quintana Roo, which says that in order for the agents and legal representatives to collect fees, they must be certified lawyers and they must also have a writtten representation agreement.
In summary, in the state of Quintana Roo it is of the utmost importance that the client hires a certified attorney, preferably a professional legal firm, and signs a Representation Agreement in which the amount to be paid for the fees is established, all this so that in the future most of the attorney fees and legal expenses can be recovered. The final amount that the client can recovered from the total paid from the written Representation Agreement is at the discretion of the judge taking in consideration the accumulation of promotions for the Attorney’s fees and documentation in the file and invoices proving the amount of trial expenses incurred.
A final detail, the obligation to pay Attorney’s fees and trial expenses exists by virtue of a judgment that expressly condemns the losing party to pay them, in such a way that if a judgment is omitted in this regard, the winning party may appeal the sentence. The higher court may order the losing party to pay the Attorney’s fees and trial expenses for the trial and the appeal (appeal fees and expenses are normally less than those for the trial).
It is important to point out that in administrative procedures (trials against acts of government), there is no payment of Attoney’s fees and trial expenses for neither of the parties. This is regulated both federally and locally. Although if there is a damage caused by goverment officials, and if the citizen wins the administrative procedure; through a following civil trial, the citizen could be able to recover such damages from government. To learn more, please consult our article: Are Judges liable?
Honest and capable lawyers should disclose to their clients how much they could recover before the trial starts and be clear about the attorney’s fees structure (fixed fee, contingency fee, success fee, etc). Attorney’s fees and trial tariffs laws in Mexico are designed to discourage attorneys to start trials without plaintiffs clear interest. If Attorney’s and trial fees in Mexico would be as high as those in the United States, there would be more trials in Mexico stressing even more the Court System.
In conclusion, to recover legal expenses is of the utmost importance to sign a representation agreement clearly stating the fee amount with a professional legal firm. If you choose a professional legal firm with trained and honest attorneys, they will inform you about your success chances, the amount that you could recover minus the litigation costs and attorney’s fees. If your lawyer handles the case with agility and makes sure to claim the appropriate amounts you should get most of your money back. An honest attorney should also advice you against litigation when is not in your best economical interest. Schedule a Call With Us.
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- When are judges liable?