A recent ruling of the Court of Fermo stated the correlation between fraudulent insolvency ex art. 641 C.P. and failure to pay the lawyer's fees.

To detect fraudulent insolvency, three elements must exist: the conscious assumption of the obligation, insolvency and dissimulation of insolvency.

Thus, there's an important subjective element, namely the concrete knowledge by the offender of its state of insolvency and the awareness of  not fulfill the obligation since the moment  it was assumed.