If this is the general and approximate definition of the success tax, it must be taken into account in detail that it actually has a large number of variations. In the United States, for example, a percentage of the remuneration that can be collected for the client is found, whereas in England a percentage of the fixed «basic tax» is variable, but not more than 100%. by Valeria Zeppilli – In Anglo-Saxon countries, the CD has been established for some time. (or a conditional or conditional tax). UNITED Kingdom Under English law, «conditional» tariffs were the subject of much controversy in the 19th century, notably in the Swynfen Will case, in violation of the previous prohibitions on conflicts of interest in legal aid. They were then introduced under the Legal Services and Justice Act 1990 (Article 58), but no legal instruments were created in 1995. Initially, the «success rate» could not be passed on to the losing party, but on April 1, 2000, in Section 27 of the Access to Justice Act of 1999, the Courts and Legal Service Act of 1990 was amended to this effect. The legislation attached to this legislative amendment (the 2000 conditional pricing agreement legislation) was not clear at all and the result was a sharp increase in the number of disputes. On 1 November 2005, this legislation was repealed and it is now much easier to use the quota agreement. Another case is Scotland, where it is legitimate to expect the lawyer to be paid only if he wins the case (an act of speculation), but it is not permissible to set a percentage on what the winning client considers to be an additional tax. However, until 1990, it was permissible to accept an increase in the pace of success of the action (Law Reform – Miscellaneous Provisions – Scotland – Act 1990, p.
36). This means that the client and the lawyer have already accepted an initial fee. A quota agreement allows all those who could not bear the cost of a civil action to access justice. The «emergency fee» gives the client a strong motivation to follow his client`s case with the utmost care. In other cases where clients` lawyers pay hourly rates, success or not the prosecution for counsel makes little economic difference. Finally, since lawyers take the economic risk of the case, the number of speculative cases could be reduced. However, the legitimacy of the success tax in Italy must address the delicate issue inherent in the CD. It is a pact that, once totally banned by the Bersani decree and later liberalized, is now in a decidedly ambiguous legal situation.