Abstract

The possibility of making attorney’s fee contingent exclusively on the final result of a case („contingent fee” or „success fee”) was for the first time introduced in the Polish civil process the by the Act of 17 December 2009 on asserting claims in group proceedings (Dz.U. No. 7, item 44). The fee may be charged by plaintiff’s attorney (representative of the group) in group proceedings if the case is won, and the principles for its calculation are laid down in an agreement between the attorney and the representative of the group. The fee is calculated as a percentage of the plaintiff’s recovery, though may not exceed 20% of that amount. In the intention of the legislator the introduction of the contingent fee was to facilitate access to the system of justice as well as increase attorneys’ involvement in pursuing litigation. However, the analysis of the regulation gives rise to doubts whether those aims have been actually achieved. The article covers some issues connected with determining the amount of the contingent fee, the basis for its calculation and its upper limit. These issues are essential for setting up the final amount of the fee.