Contestaţia la executare din perspectiva mijlocului de control al onorariului avocaţial. Reducerea onorariului avocaţial datorat pentru faza de executare silită. Inexistenţa unor criterii clare de reducere
Appeal against enforcement from the perspective of the means of control of lawyers' fees. Reduction of the attorney's fees owed for the enforcement phase. Lack of clear criteria for reduction

Summary/Abstract: The analysis focuses on the trend toward automatic reductions in attorneys' fees charged for enforcement proceedings, without any concrete examination of the work performed by the attorney. Courts often compare lawyers' fees with those of bailiffs or sometimes with their own salaries, which is wrong and not really fair. A concrete example is the case in which the fee of 300 lei was reduced to 200 lei, even though it was well below the minimum level of 1,760 lei established by UNBR Council Decision No. 82/17 18 July 2020 on the indicative guide for minimum fees. The CSM UNBR Good Practice Guide also establishes clear criteria for assessing the reasonableness of fees (time, complexity, results achieved, lawyer's experience, etc.), but these criteria are rarely applied rigorously by the courts. Attempts have been made to regulate clearer limits through legislative amendments, but these have been partially declared unconstitutional by the Constitutional Court, citing violations of the principles of the rule of law and free access to justice. In conclusion, we emphasize the need for respect for the legal profession, for a real and fair assessment of the work of lawyers in the enforcement phase, and for the establishment of clear minimum limits below which the court cannot reduce fees, except in exceptional circumstances.

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