The Supreme Court of Cassation lawyer in Rome, who they are and what they do: everything you need to know.
Who is the Cassation lawyer?
The Cassation lawyer is the lawyer who primarily handles cases before the Court of Cassation.
Initially, every lawyer cannot handle cases in Cassation, as it is considered necessary to gain specific experience first.
It’s important to note that the Court of Cassation is the highest judicial body, the apex of civil, criminal, tax justice, and plays a significant role in electoral and administrative matters, among others.
The Cassation Court is exclusively located in Rome, in the ‘Palazzaccio’ on Piazza Cavour.
What does a Cassation lawyer do?
A Cassation lawyer is a ‘regular’ lawyer but with an additional qualification allowing them to handle any case in Italy.
Until a few years ago, a Cassation lawyer in Rome typically had daily activity in Cassation hearings, representing their cases and those of colleagues throughout Italy who designated the Cassation lawyer in Rome as their legal representative for cases in Cassation.
With the advent of certified email, telematic processes, and written hearings, public sessions in Cassation and visits to the registry in Piazza Cavour have greatly diminished but sometimes is still necessary or useful.
When is a lawyer needed to represent in Cassation?
Sometimes, the involvement of a Cassation lawyer is necessary as they are the only professionals authorized to:
- File appeals and counter-appeals to the Supreme Court of Cassation
Constitutional Court
Council of State
Court of Auditors
How to become a Cassation lawyer?
To answer the question of how to become a Cassation lawyer, let’s see who can represent in Cassation.
Not everyone can represent in Cassation because it requires a qualification only lawyers can obtain.
Under the ‘old’ rules, this qualification was based solely on seniority in the bar. However, according to the new rules, only lawyers with a certain level of seniority and who have passed specific qualifying exams, for instance, organized by the National Bar Council, can represent cases in Cassation.
The tax lawyer in Cassation
The Cassation lawyer sometimes becomes crucial in tax court proceedings (since 2022, the Tax Justice Court). Initially, tax cases might be handled by accountants or other professionals at lower court levels.
However, if a case requires Cassation proceedings, accountants must step aside to allow a lawyer to take over the defense.
It’s an ancient privilege of lawyers, rightly or wrongly, being the only ones allowed to interact with the highest judicial body.
The documentation required for a Cassation appeal
The preparation of the appeal file for Cassation is both a blessing and a curse for every Cassation lawyer. Especially from 2023, it’s crucial to follow the most updated instructions due to the obligation of electronically depositing the file.
Many rules applicable to appeals don’t apply to Cassation. The Cassation Court itself, in judgment SS.UU. 4835/2023, provided a significant interpretation of the documentation to be presented in appeals, but this interpretation isn’t meant to apply to the legitimacy trial. It stated:
“The principle of non-dispersion (or acquisition) of evidence, applicable also to documents – submitted both electronically and in paper format – implies that the historical fact represented therein is considered proven in the trial, constituting a source of knowledge for the judge and exerting an effectiveness that doesn’t exhaust in the individual trial level, nor can it depend on the subsequent defensive choices of the party that initially offered them in communication.
The appellate judge has the duty to examine a document ritually produced in the first trial instance if the interested party specifically requests it in their defense writings, referring to it in the argumentative part of the formulated reasons or the questions and objections raised, illustrating the reasons, overlooked by the first judge, for which the content of the acquired document justifies the respective deductions.”
How to know if a lawyer can assist in Cassation?
Finding out if a lawyer can assist you in Cassation is simple; just ask them.
Sometimes, if this lawyer isn’t registered in the bar, they might direct you to a trusted colleague who is qualified to handle your case, with the advice and guidance of your previous defender, who will have the advantage of knowing your case file.
If you want to check if your lawyer is registered in the Cassation bar, visit the Bar Association’s website (e.g., in Rome if your lawyer is registered in Rome) and you’ll find if the lawyer is registered or not highlighted under their name.
How much does a Cassation case cost?
The cost of a Cassation case depends on the subject matter, complexity, and the case’s value. Ministerial tables provide guidance on the appropriate amount for your lawyer’s fees in any case, including those in Cassation.
In rare cases, a lawyer’s fee for a Cassation trial will be less than €3,000.00. The actual expenses incurred are also an important part of the cost to calculate and can sometimes exceed €1,500.00.
If you’re looking for a legal firm specializing in Supreme Court Cassation cases in Rome to handle your case, contact us for an initial consultation without obligation, sending the necessary documentation via email.
