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Requests to the Forensic Fund
I received from some colleagues the proposal to send a certified mail to the Forensic Fund asking that it waive the contribution for the year 2020 and that it recognizes, with its own funds, a mini check to its members parameterized in the last tax return.
I must say that the proposal seems to be shareable and certainly tempting but, like all populist proposals, it is probably unsustainable and above all it seems to me not very intelligent.
And in fact, who makes the proposal does not say that the lack of collections and the resources to be allocated to the check - considering that the Cassa unlike the INPS does not receive additions from the State - will affect the assets and certainly our future pensions and this, in a long-term view such as that of a pension fund, does not seem to me to be a great solution; if anyone thinks that the Cassa's assets allow these choices, I would suggest that they examine the latest balance sheet which shows that there is a fair degree of solidity but, at the same time, that there are problem loans (towards the same members) for amounts greater than billion, that a large part of subscribers does not pay anything and that the remaining part has, to a large extent, declared income and therefore a contribution of just over the minimum (I do not mean that the Cassa is close to bankruptcy but that certainly is not in a situation so flourishing as to allow the aforementioned concessions, also considering that it will not benefit from the revenue of the State from some additional tax ... such as the probable property of next autumn).
Furthermore, the proposal for payment of a check seems to me not very intelligent because in doing so it justifies the choice of the current government not to allocate any resources to professional lawyers (regardless of income!): They have their Cashier, which recognizes a check, why should the state do it? The professionals and their Funds are taxpayers, participate with their taxes in maintaining the system but do not benefit from it, even in times of extreme difficulty such as the current one, and predicting that the Forensic Fund will make up for the difficulties of the moment only further support this choice.
Perhaps, before asking our Fund for an intervention, we should urge our representative bodies to make themselves heard, if necessary to protest also with civil vigor for the exclusions contained in the various Prime Ministers and Decrees that have left everyone (the professionals) astonished.
Considering also the absolute discrepancy between the various measures adopted (just to give an example, the DPCM 22/3/2020 provides that almost all activities are suspended with the exception, among other things, of the legal ones; the regional ordinance Lombardy, however, also seems to prohibit professional activities: professionals, then, what should they do?), It would be desirable that our Bodies promoted clarification initiatives.
Instead, we only read of a very mild reaction of the "suspended" CNF to the failure to protect professionals, even those younger and perhaps more exposed to the problems of the current situation.
In my opinion, at this moment it is even more necessary to compact ourselves in order to assert the legitimate requests of us and of the other Orders before those who, for some time now, have considered us only for tax purposes and forget us for any support initiative.
Massimiliano Desalvi, partner of Interconsulting for more than 10 years, provides consulting and he is experienced in litigation in the areas of civil and commercial law, bankruptcy and insurance legislation.
He coordinates the team of lawyers and young professionals in order to meet and respond to the challenging client’s needs concerning legal matters or disputes.