"Success Fee" as a Form of Payment for Legal Services: Economic and Legal Analysis

At the present stage of development of the Russian legal system, the task of forming an effective market of professional legal assistance is one of the highest priorities. The relevance of this work is mainly due to the fact that it has been brewing for 10 years and has already been recognized both by the representatives of the higher courts and in the doctrine, the need to resolve the issue of admissibility of the «contingency fee» in the Russian legal system and its individual aspects, such as the recovery of conditional fees as part of court costs, the rotation of the execution of the court decision in a higher instance, and others. The interdisciplinary direction "Law and Economics", also known as the economic analysis of law, was chosen as a methodology for studying the problem. Despite the General positive trend in the development of this direction in the national science, the volume of research in this area, in particular, the institutions of private law, is still not exhaustive and sufficient for the full application of the achievements of economic theory in the development of civil law, and the institution of conditional remuneration and not investigated at all from the standpoint of economic analysis, which indicates the novelty of this work. Achieving the goals and objectives will reveal both the peculiarities of the legal nature of the conditional fee and the economic potential of its development in the Russian market of legal services, to form a new direction for the development of judicial practice and the mechanism for the development of proposals for the introduction of the «contingency fee» de lege ferenda.