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PRAGNUM forms a national practice of depositing and reimbursement of attorney fees in favour of the client

PRAGNUM forms a national practice of depositing and reimbursement of attorney fees in favour of the client

In the autumn of 2017, PRAGNUM won a tender to support a dispute regarding the collection of a mortgaged property located in Ukraine on behalf of an Austrian bank. Even at the tender application stage, we pointed out to the client that it was highly likely that the debtor would attempt to challenge the mortgage agreement.

Our prediction came true. However, thanks to proactive actions and calculation of procedural risks, we convinced the court of the opponent’s dishonesty and the groundlessness of their demands. The court ordered the debtor, even before the case was resolved, to deposit the cost of our legal services into the court deposit as evidence of their “commitment”.

The debtor was not prepared for such a turn of events, since they filed the claim with the sole purpose of prolonging the main mortgage dispute. An attempt to appeal the deposition was unsuccessful, and at the next meeting the claim was left without consideration, and the main dispute was resumed.

We recommend demanding from your attorney a step-by-step action plan for the project with plans “B”, “C” and even “D” in order to provide for all the “unexpected” turns of the proceedings, as well as insist that the lawyer recover the full amount of their fee in your favour from the opponent.