MANDATO ALLE LITI

What is the mandato alle liti?

A mandato alle liti is a specific proxy granted by the party to her/his attorney so that the lawyer will represent her/him in proceedings before an Italian Civil Court, as established by article 83 of the Italian code of civil procedure.

The mandato alle liti, aka known as procura ad litem, must not be confused with the engagement letter which is an agreement between the client and her/his attorney clearly setting out the terms of the lawyer’s appointment and the scope of the appointment. The mandato does not require a specific solemn formula as long as the document highlights the clear intention of the party, and this kind of proxy is always revocable, even when the proceedings are still pending before the Court.

The proxy can be general when it refers to a great number of litigation matters, conferring the lawyer the power to act in all the proceedings in which the grantor is involved. Otherwise it can be specific when it only confers the lawyer mandate to act in specific proceedings or during a phase of the proceedings or for a specific act that must be undertaken in the proceedings.

As specified, the mandato alle liti can always be revoked both by the lawyer and by the party, as established by article 85 of the Italian code of civil procedure. It must be noted, however, that between the party and the lawyer the proxy will cease to produce effects from the moment when the lawyer or the client informs the other of the ending of the mandato alle liti. For the other party/ies in the proceedings the effect will only start when the new lawyer has been appointed, and until that moment the previous lawyer will continue to act diligently so as to preserve the continuity of the proceedings.

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