Ejercicio de la abogacía, pacto de "cuota litis" y defensa de la competenciaconsideraciones en torno a la RTDC -Pleno- de 26 de septiembre de 2002

Abstract

Commentary to resolution of the Plenary session of the Court of Defense of the Competition, date 26 of September of 2002 (expte.528/01) by that declares that prohibition of the pact of quota litis in strict sense contained article 16 of the Code of Conduct decision constitutes one collective colusoria opposite to article 1 of Law 16/1989, of 17 of July, Defense of the Competition, directed to fix minimum honoraria to the lawyers, and prevents that the prices in this sector freely agree to between lawyer and client. It concludes that this practice, justified totally from a historical and deontology point of view, and light of the statute and the peculiarities of profession of lawyer, lacks the restrictive potentiality of the competition that is imputed to him, to the time that represents an useful instrument to repress certain disloyal and opposite concurrenciales conducts to the free competition in the sector.