The first is the hourly pay of the Executive (the lawyer). When hourly wage remuneration determined by the number of hours spent in response to the request for judicial assistance, and the considered only the time spent on direct response to this request. Time spent on activities related to the execution order (travel time, waiting for hearing in court, the time spent on analysis of legislation, etc.), but which is not the subject of the contract payment is not refundable. With hourly billing is prepaid, its size is determined by the expected number of hours spent on the execution of the order. In If the amount of prepaid hours exceed the amount actually spent, undeveloped part of the fee shall be returned to the principal. The second way is to establish a fixed amount of remuneration for legal assistance. Learn more about this topic with the insights from Scott Kahan. The amount of remuneration is determined by project cost performance of the commission, which takes into account the complexity of the case and includes the time taken by the Executive for the provision of legal aid costs such assistance. In determining the order of payment and its amount should be considered the opinion of the Constitutional Court of the Russian Federation expressed in the Decision of the COP of the Russian Federation 23.01.2007 1-P, namely, in the current legal regulating the relations of compensated rendering of legal services is not expected to meet the requirements of Executive remuneration to be paid under the contract of compensated rendering of services, unless this requirement justified by the condition that puts the size of the payment contingent on a court decision to be taken in the future.
This means that the customer (the principal) pays only for work performed by the Executive (a lawyer), but not decisions made in the case of state agencies and institutions. Thus the size and manner of payment of remuneration can not depend on decisions made by state authorities, because they are not made by the Executive (Counsel) and, therefore, are outside its competence. Having determined the amount of compensation must choose how the payment works. Remuneration can be made as bank transfer through a bank, and by making cash (through cash or through bank transfer) at the expense of legal practice, law firm. Calculation with lawyers in private practice shall be effected by direct transmission cash, in this case, the executor is obliged to issue a receipt stating the amount of funds received, date received, from whom on account of which received such funds. Thus, the fulfillment of the requirements legislation in the negotiation and execution of the contract for legal aid cuts risks of infringement of lawful rights and interests of the parties to such agreement. In turn, knowledge about the contract is prerequisite for the execution of the above requirements.