Remuneration to guardians who are advocates
Supreme Court judgment 22 December 2020, HR-2020-2478-A, (case no. 20-082355SIV-HRET), civil case, appeal against judgment.
Vigdis Brandstorp (Counsel Helge Skaaraas) v. The State represented by the Ministry of Justice and Public Security (The Office of the Attorney General represented by Erlend Baldersheim)
Justices: Bull, Falch, Bergh, Østensen Berglund, Thyness
An advocate who had been appointed guardian for a number of persons under the Guardianship Act 1927, had through a long-standing practice been remunerated based on the government fee rate for advocates. The Supreme Court found that this practice had to be considered contractually binding, but possible to change upon reasonable notice. Therefore, it had to be possible for the County Governor – after the entry into force of the Guardianship Act 2010 – to allow advocates acting as guardians to continue only if the assignment demands legal skills, or if the advocate accepts remuneration according to the less advantageous standard rates in section 16 of the Guardianship Regulations, cf. section 30 of the Guardianship Act. The transitional rule in section 101 no. 2 could not give any other result. The advocate's appeal against the Court of Appeal's judgment in favour of the State, was dismissed.