The Supreme Court did not allow to deprive the lawyer of the fee received from the bankrupt company
He pointed out that the approach of the lower courts, which invalidated the agreement on the provision of legal assistance, is that the lawyer, under pain of invalidity, is not entitled to conclude an agreement with organizations that are in a difficult financial situation.
Partner of law firm Tenzor Consulting Group Anton Makeichuk, in a commentary for Advokatskaya Gazeta, noted that the Supreme Court drew the attention of law enforcers to the problem of unjustified invalidation of contracts concluded between lawyers and organizations that are in a financially disadvantaged state. “Absolutely justified, the Supreme Court of the Russian Federation once again pointed out the impossibility of a formal approach to the process of proving the circumstances that must be confirmed in the event of challenging the debtor’s transactions under paragraph 2 of Art. 61.2 of the Bankruptcy Law, since the presumptions established in the named article still remain rebuttable,” he stressed.
Read the full article of the Advokatskaya gazeta at the link.