Infeasibility of appeal in attorney-client professional fee disputes

Abstract

The lawyer-client relationship is distinguished by a high level of trust and dependence, although it can sometimes be affected by disputes over professional fees. The purpose of this article is to propose a procedural model that enables the possibility of filing an appeal in fee disputes between lawyer and client. The research was carried out from a qualitative approach, using hermeneutic, exegetic and analytical methods. The findings show that the impossibility of appealing fee rulings restricts the right of the parties to a second instance, since, once the ruling is issued, it becomes final without the option of review by a higher court. It is concluded that, from a human rights perspective, it is essential to modify article 333, numeral 6, of the General Organic Code of Proceedings to ensure access to an effective remedy, in accordance with the provisions of various international regulations and the Constitution of Ecuador.