The Corporación Colegio Nacional de Abogados de Colombia is a non-profit corporation formed by lawyers who use their right of aggregation in order to seek the grouping of professionals and to have a permanent academic update, in addition to dignify the practice of the profession.
The professional practice of a lawyer involves acting under certain principles such as loyalty and honesty in their relationships with clients, within this includes setting fees under fair, justified and proportional criteria according to the service provided or conforms to existing rules for this purpose, one of them is the law 1123 of 2007 in Article 35.1 states that a disciplinary offense is incurred when it is agreed, demanded or obtained from the client or third party remuneration or benefit disproportionate to their work, taking advantage of the need, ignorance or inexperience. In this regard, the bar associations have established rates for attorneys’ fees for 2023 as a tool for the interpretation and application of the Attorney Disciplinary Code.
The rates apply to different areas of law such as civil law, criminal law, family law, police law, industrial property, etc. Some of them are presented below:
- Disputes on copyrights that do not correspond to administrative authorities: 5 minimum legal salaries in force.
- Provision of extracontractual surety: 2 minimum legal salaries in force.
- Improvement of the mortgage or replacement of the pledge: 2 minimum legal salaries in force.
- Extinction of the term or suspensive condition: 2 minimum legal salaries in force.
- Replacement, cancellation or restitution of securities: 3 minimum legal salaries in force. plus 25% of the value of the security.
- Consumer protection: 3 minimum legal salaries in force.
- Division of large communities: 5 minimum legal salaries in force plus 2% of the commercial value of the community.
- Declaration of absence: 2 minimum legal salaries in force.
- Non-existence of marriage: 2 minimum legal salaries in force.
- Alimony proceedings: 20% of the value of the alimony for at least one year.
- Maternity or paternity contestation: 4 minimum legal salaries in force.
*The minimum wage for 2023 is 1,160,000
The rates are divided by area of law, type of process or procedure. The complete document is available at the following link: https://focusnoticias.com/wp-content/uploads/2023/01/Tarifas-en-derecho-20232.pdf
It is important to mention that the negotiation of fees for lawyers in 2023 must take into account the economic conditions of the principal, the place where the service is rendered, the means of proof available to the client to determine the degree of difficulty of the process, as well as other relevant factors such as the amount, the instances and the experience of the professional. This means that these rates are auxiliary criteria and not fixed values, so that their non-application does not constitute a disciplinary offense, provided that the amount has been fixed with the principal at the beginning of the professional relationship, preferably in writing and signed by both parties.