When a foreign company instructs an Italian lawyer, one of the first questions is usually about cost.
There is an important point to know from the outset: under Italian law, a lawyer must provide the client with a written indication of the expected cost of the legal service, including the professional fees and the relevant expenses. For a foreign company, this quotation is particularly useful because it provides a clear basis for understanding the expected legal costs before the engagement begins.
How are lawyers’ fees determined in Italy?
There is no single mandatory fee that applies to every Italian lawyer and every type of legal work.
The professional fee can be agreed between the lawyer and the client according to the nature of the assignment. Different methods can be used, including hourly fees, fixed fees, fees for individual activities and fees calculated according to the different phases of a court proceeding.
Italian ministerial parameters also provide a framework for determining lawyers’ fees, particularly in judicial proceedings.
For a foreign company, the important point is therefore to understand what the quotation covers and how the fee will be calculated.
The main ways an Italian commercial lawyer can charge
Hourly fees
An hourly fee is based on the time spent by the lawyer on the client’s matter.
This structure can be suitable when the amount of work is difficult to determine in advance, for example for ongoing legal advice, negotiations or matters whose scope may change during the assignment.
Under Article 22-bis of D.M. 55/2014, as updated in 2022, where remuneration is agreed on a time basis, an indicative parameter is applied ranging from €200 to €500 for each hour. The provision expressly states:
“Nel caso di pattuizione dei compensi a tempo, si tiene conto di un parametro indicativo da un minimo di euro 200,00 ad un massimo di euro 500,00 per ciascuna ora…”
This is an indicative parameter, rather than a mandatory hourly rate that every Italian lawyer must charge.
Fixed fees
A fixed fee can be agreed when the scope of the legal work can be clearly defined in advance.
This can be useful for activities such as:
- drafting or reviewing a commercial contract;
- preparing a legal opinion;
- sending a formal payment request;
- carrying out a defined legal review;
- handling an extrajudicial debt collection activity.
The main benefit for the client is predictability. The professional fee is known before the work starts, provided that the assignment remains within the agreed scope.
The quotation should therefore specify what is included in the fixed fee and what would constitute additional work.
Fees based on litigation phases
For a court proceeding, the amount of work depends on how the case develops.
Italian civil proceedings are divided into different phases for the purpose of applying the relevant fee parameters. These include the study phase, the introductory phase, the evidentiary and/or trial phase and the decision phase.
A lawyer can therefore provide an estimate based on the different stages of the proceeding.
Annual retainers
Some companies prefer to have an ongoing relationship with a lawyer through an annual legal services retainer.
A retainer can be useful when the company regularly needs legal assistance with contracts, commercial matters, correspondence or other recurring issues.
The agreement should clearly state which activities are included in the retainer and which services, such as litigation, are charged separately.
What can a €50,000 commercial lawsuit in Italy cost?
For a commercial lawsuit concerning a €50,000 claim before an Italian Tribunal, the applicable value bracket in the Italian civil fee parameters is €26,001 to €52,000.
The applicable table provides the following average professional fees for the four ordinary phases of the proceeding:
| Phase | Average professional fee |
| Study of the case | €1,701 |
| Introductory phase | €1,204 |
| Evidentiary and/or trial phase | €1,806 |
| Decision phase | €2,905 |
| Total average professional fee | €7,616 |
The average professional fee is therefore €7,616 for the four phases.
These are average values under the applicable parameters. Depending on the circumstances of the case, the compensation can be increased or reduced by up to 50%.
The professional fee based on these values could therefore range, depending on the applicable adjustment, from €3,808 to €11,424.
Professional contributions and general expenses
The professional fee is not the only amount payable by the client.
In addition to the professional compensation, the following amounts are due:
- 4% professional contribution to Cassa Forense;
- 15% flat-rate reimbursement of general expenses, calculated on the professional fee.
For the average professional fee of €7,616, the applicable calculation is:
- Professional fee: €7,616
- 15% general expenses: €1,142.40
- 4% Cassa Forense: €350.34
- Total: €9,108.74
VAT, where applicable, is an additional item.
Other costs connected with the proceedings, such as court fees, technical experts, translations or other external expenses, may also be separate from the lawyer’s professional compensation.
Why the initial quotation is important
For a foreign company, the initial quotation is an important part of the engagement with Italian counsel.
A clear quotation should explain:
- the scope of the assignment;
- the professional fee;
- how the fee is calculated;
- which activities are included;
- which activities may generate additional fees;
- which external costs are excluded;
- how the fee may change if the scope of the matter changes.
This is particularly important in litigation, where the amount of work can depend on how the proceedings develop.
The purpose of the quotation is not to eliminate every possible uncertainty. Its purpose is to give the client a clear understanding of the basis on which legal costs will be calculated.
What should a foreign company ask an Italian lawyer about fees?
Before instructing an Italian lawyer, a foreign company can ask:
- How will the professional fee be calculated?
- Is the fee fixed, hourly, based on phases or structured as a retainer?
- What work is included in the quoted amount?
- Which activities or expenses are excluded?
- What could cause the fee to increase?
- For litigation, how are the different procedural phases calculated?
- Are the 4% professional contribution and 15% general expenses included or additional?
- Is VAT included or calculated separately?
These questions help establish a clear understanding of the legal engagement from the beginning.
What we charge at LEX IBC
At LEX IBC, for extrajudicial commercial activities, we generally prefer to agree fixed fees when the scope of the assignment can be clearly defined.
This approach can be suitable for activities such as contract drafting and extrajudicial debt collection, where a defined fee can make the legal service easier to budget and understand.
For companies requiring ongoing legal assistance, an annual legal services retainer agreement can also be used, with the scope of the assistance defined in advance.
For litigation, we prefer to provide an estimate based on the Italian fee parameters and identify the expected costs for the different phases of the Italian proceeding.
The objective is to give foreign companies a clear understanding of the professional fees and the possible additional costs before the engagement begins.
Frequently asked questions about Italian lawyer fees
Does an Italian lawyer have to provide a written quotation?
Yes. Italian law requires the lawyer to provide the client with information about the foreseeable cost of the professional service, including professional compensation and relevant expenses.
Is there a mandatory hourly rate for Italian lawyers?
No. Where remuneration is agreed on a time basis, Article 22-bis of D.M. 55/2014 provides an indicative parameter of €200 to €500 per hour. This is not a mandatory hourly rate applicable to every engagement.
Can an Italian lawyer charge a fixed fee?
Yes. A fixed fee can be agreed when the scope of the legal work can be defined in advance.
Can litigation fees be calculated by phase?
Yes. Italian fee parameters distinguish different phases of judicial proceedings. A lawyer can therefore provide an estimate based on the expected phases of a particular case.
What is the average professional fee for a €50,000 commercial lawsuit?
For a civil case before the Tribunal with a value between €26,001 and €52,000, the average values in the applicable parameters amount to €7,616 for the four ordinary phases. The compensation can be increased or reduced by up to 50%.
Are the 4% and 15% amounts included in the professional fee?
No. The 4% professional contribution and the 15% flat-rate reimbursement of general expenses are additional amounts calculated on the professional fee.
Does the lawyer’s fee include court costs?
Not necessarily. Court fees and other expenses can be separate from the professional fee. The written quotation should make clear which costs are included and which are additional.
Legal fees for foreign companies in Italy
For a foreign company, understanding Italian legal fees does not require finding a single “Italian lawyer hourly rate”.
The starting point is the written quotation provided by the lawyer before the engagement, together with a clear understanding of the scope of the legal service.
For litigation, the Italian fee parameters provide reference values for the different phases of the proceeding. For a €50,000 commercial claim, the current average values amount to €7,616 in professional fees, before the 15% flat-rate reimbursement of general expenses and the 4% professional contribution.
LEX IBC assists foreign companies with Italian commercial and corporate matters, including international contracts and commercial litigation.
For legal assistance in Italy, the English-language contact page is available here: Contact LEX IBC in English