Practical guide

How to draft a motion for the recovery of legal costs (distrazione delle spese) with AI

4 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

The motion for the recovery of legal costs (distrazione delle spese) allows an attorney to request that the court order the losing party to pay legal fees directly to them. This procedure requires an express declaration that the attorney has advanced court costs and has not yet been paid by the client. Using edit.legal, the drafting of this specific clause can be automated, ensuring technical and formal accuracy.

In brief

The motion for recovery of legal costs (distrazione delle spese) under Art. 93 c.p.c. is the request by which the attorney (antistatario) asks the judge to order the losing party to pay fees and expenses directly to the counsel instead of the client. The prerequisite is the lawyer's declaration of having advanced out-of-pocket costs and not having received fees. If granted, the attorney gains an independent credit right against the losing party. edit.legal simplifies the inclusion of this motion in any civil or labor court filing.

The steps

1.
Verification of the attorney's status (antistatario)
Before drafting the motion, the attorney must confirm their status as a creditor for costs (antistatario). This condition arises from having personally covered out-of-pocket expenses (court fees, service costs) and not having been paid by the client for the professional work. edit.legal allows for a quick check of whether the motion is compatible with the tax and contribution regime of the current mandate, avoiding overlaps with prepaid invoices or special regimes such as legal aid (patrocinio a spese dello Stato).
2.
Insertion of the formal declaration
The core element of the motion is the attorney's express declaration. Pursuant to Art. 93 c.p.c., the lawyer must declare 'to have advanced the costs and not to have collected the fees'. Without this formal wording, or its equivalent in meaning, the judge cannot order the recovery (distrazione). Using edit.legal, it is possible to automatically generate this standardized clause within the prayers for relief (conclusioni), reducing the risk of formal omissions that could prevent the recognition of the direct credit.
3.
Placement within the prayers for relief
The motion must be inserted in the final part of the brief, typically following the request for the opposing party to pay legal costs. The recommended formula is: 'with recovery of costs (distrazione delle spese) in favor of the undersigned counsel, who declares to have advanced them and not to have collected the fees'. edit.legal assists in correctly positioning the motion in every type of document, from the summons (citazione) to the statement of defense (comparsa di risposta), ensuring the request is visible and distinct from the main merits.
4.
Coordination with Legal Aid
It is essential to remember that the motion for recovery is incompatible with the client's admission to legal aid (patrocinio a spese dello Stato). In such cases, expenses are borne by the Treasury and the attorney is paid directly by the State. edit.legal automatically signals any conflict if a legal aid application is present in the file, preventing ethical errors or inadmissible procedural requests that could frustrate the judge or lead to partial dismissal of the claims.
5.
Monitoring the ruling and remedies
Once the judgment is issued, it is necessary to verify that the judge included the motion in the final ruling (dispositivo). If the judge orders the counterparty to pay costs but fails to order the recovery (distrazione) despite the request, the attorney cannot file an appeal but must initiate a procedure for the correction of material errors (correzione di errore materiale) under Articles 287 and 288 c.p.c. edit.legal supports the professional in drafting the correction petition quickly, providing the templates needed to supplement the missing order without starting a new level of litigation.

Legal basis: Art. 93 c.p.c.Art. 287 c.p.c.Art. 288 c.p.c.D.P.R. 115/2002

Mistakes to avoid

Omitting the mandatory declaration of having advanced costs and not collected fees.
Requesting recovery (distrazione) when the client is admitted to legal aid.
Filing an appeal instead of a material error correction petition when the ruling is omitted.
Failing to include the attorney's tax code (codice fiscale) in the motion for tax purposes.

Frequently asked questions

What happens if the client pays the lawyer after the recovery motion is filed?

If the client pays, the prerequisite for recovery (distrazione) ceases to exist. The lawyer must withdraw the motion or, if judgment is already obtained, cannot pursue enforcement against the losing party for sums already received.

Can the recovery of costs be requested for the first time on appeal?

Yes, the request for recovery can be made at any stage or level of the proceedings, provided it is submitted before the final clarification of conclusions or the case is taken for decision.

Can the attorney of record serve the notice of enforcement (precetto) in their own name?

Yes, the attorney who obtained the recovery acts as the holder of an independent right and can serve the enforcement title (titolo esecutivo) and the notice (precetto) directly to the losing party for the costs and fees portion.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Automatic generation of the recovery clause compliant with Art. 93 c.p.c.
—Compatibility check with existing legal aid applications within the file.
—Suggested optimal positioning in the prayers for relief based on the document type.
—Drafting of the material error correction petition in case of an omitted ruling.