Reasonable compensation: The rule only applies to banks and large companies

The CNF stipulates that fair payment is not a general rule: sanctions against lawyers are triggered only in relationships with large clients.

Fair compensation: The law only applies to banks and large companies

The CNF has made it clear that reasonable fees are not a general rule: the penalties for lawyers are simply withdrawal from relations with the public.

Professional compensation protection is not a universal obligation for all clients, but only a legal shield to reestablish relationships with economic giants and government agencies.With circular number 1-C-2026, the National Council of Forensic Expertise puts an end to any doubts: disciplinary sanctions for violation of fair compensation are only triggered if the lawyer accepts small payments from banks, insurance companies or large companies.Therefore, the mandatory minimum applicable to ordinary citizens or small businesses has no tariff.This exception is essential to guarantee free competition and prevent a rule designed to protect professionals from powerful forces from becoming an obstacle to access to justice for small clients.The right to compensation proportional to the work performed remains an ethical principle, but its imposed and sanctioned application maintains very clear subjective limits.

CNF circular eliminates interpretative doubts

The intervention of April 8, 2026 by the National Council of Forensic Medicine (Circular No. 1-C-2026) was due to the need to clarify an issue that has caused severe tension with the competition organization and the market guarantor.In the past, the wording of the ethics rule seemed to imply that lawyers should always seek "just" compensation from anyone under disciplinary action.This broad interpretation has been disputed because it restricts the market and imposes a fixed price even if there is a power imbalance between the risk parties.The National Council of Forensic Medicine has revised the Code of Forensic Ethics (Article 25 bis cdf) to fully harmonize with national laws.This amendment, which came into effect on April 7, 2026, is now applicable to the actions of the District Disciplinary Council.The latter can no longer punish lawyers who agree to cut costs with private citizens or small companies, as the law is limited to only allowing relationships with so-called strong contractors.

Who are the law's major clients?

The scope of the law is strictly defined and does not allow for creative interpretation.The duty to respect fair remuneration and the associated ethical prohibitions apply only when the lawyer provides his services for the benefit of entities with such contractual power as to impose unilateral terms.This discipline deals with:

banking and insurance companies and their subsidiaries or agents;

companies that employ more than fifty workers in the year before the assignment of duties;

companies with an annual turnover of more than ten million euros;

Public Administration and Public Companies (Legal Decree 175/2016).

This list represents the entire scope of the subject specified in Law Lr.49/2023.If a lawyer's client does not fall into one of these categories, the parties are still able to negotiate fees in accordance with the logic of the market, without the intervention of the professional association in negotiating an agreed price.For example, if a lawyer decides to help a pensioner or a small technical shop for a token fee, he will not face any consequences in terms of professional integrity.

There is no penalty for paying small customers

The option to limit the nature of the special rule to maintain the principle of free calculation of fees.The judge and the National Forensic Council understand that the relationship with a private person or a small business is based on mutual consultation.In these cases, the imposition of a minimum fee limits the client's freedom of choice and the lawyer's business freedom.The circular indicates that the reasonable fee is not a general rule for determining the fee, but rather a safety measure.If the lawyer accepts a job from a party other than the main person, he does not need to confirm whether the amount is related to government departments for the purpose of his important role.The final translation of the circle prevents the creation of a system of hidden low prices, which is contrary to the European guidelines on competition.

Duties and Responsibilities of Registrants

Despite the subjective limitations, the professional opinion must remain high when dealing with strong entities.Regarding the latter, lawyers are strictly prohibited from charging unreasonable fees.If the lawyer accepts the responsibility of the bank or the municipality for accepting the price that is too low, the association of lawyers has a duty to intervene.The National Bar Council has advised the various provincial orders to provide maximum dissemination of these signs and to strictly monitor compliance with the new provisions of the code.Therefore, the disciplinary role remains an effective tool, but it turns to the behavior that encourages the imbalance of the contract to the detriment of the value of work in front of the main economic centers.For simple customer relations, the reference remains a free written agreement, which guarantees transparency and clarity on both sides without the rigor expected of industrial and financial giants.