Question juridique clé
Was it arbitrary to treat the lawyer as the losing party and charge him the moderation costs while denying him costs?
Solution extraite
No. Because the client obtained a tax reduction of the disputed bill, she succeeded in her moderation request; the lawyer could therefore be treated as the losing party despite the limited reduction.
Motifs extraits
The moderation request sought a taxation of an allegedly excessive bill, not complete cancellation. Since the bill was reduced, the client prevailed. The degree of reduction did not make the cost allocation untenable, and the cantonal court set costs at the low end of the applicable tariff.