Fees
FEES
The essential criteria are:
• the time spent and the difficulty of the file,
• the value of the dispute and the result obtained,
• the state of the client's fortune,
• the possibility for the customer to have legal protection from his insurer.
The lawyer receives free fees fixed in agreement with the client and this, from the first appointment.
The amount of the fees depends in particular on the complexity of the case, the reputation of the lawyer, the importance of the interests at stake, the time spent, the costs incurred and the service rendered.
The lawyer is entitled to request a retainer from his client.
A fee agreement can be established. It allows to fix the modality and the periodicity of the payments. It is subject to a written contract.
An additional performance fee based on the financial advantage provided to the client may also be provided. It must imperatively be the subject of a fee agreement.
Similarly, the amount of the lawyer's fees in the context of partial legal aid, must be the subject of a fee agreement which will be subject to the visa of the President of the Bar.
In any case, when a lawyer is relieved of a case by his client, he is entitled to payment for the consultations.
Trust is at the center of the relationship between the client and his lawyer. This partnership is reflected, in terms of the cost of the intervention of your lawyer, by the application of the principle of transparency.
In this matter, as in all other matters, your lawyer will always be at your disposal to answer any questions that may arise in your particular case.
1. The “time spent” fee:
These fees will result at the end of the file from a simple multiplication of the time spent by the hourly rate which will have been determined at the outset.
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The hourly rate is not suitable for individuals who will often prefer the flat rate which offers better visibility of the final cost, except for brief consultations with lawyers by appointment.
This hourly rate, which varies between €250 including tax and €350 including tax per hour depending on the files, is the most suitable method:
• the drafting of legal documents (contracts, statutes, dismissal procedure, etc.)
• legal advice (consultation on the admissibility of an appeal, audit of a point of law, follow-up of a judicial expertise, etc.).
2. The “lump sum” fee:
We can agree on a global and intangible remuneration. This is common practice in the case of cases involving a specific procedure.
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To limit the cost of the lawyer, a fixed fee may be offered to private clients.
To limit the cost, it is usually split into two:
• a portion of the fixed fee paid on account when signing the fee agreement with the lawyer chosen by the client
• another part, of result, paid at the end of the procedure if the chosen lawyer succeeds in winning the trial or reaching the set objective.
The success fee alone, without an additional fixed fee, is prohibited in France and lawyers must not accept them.
3. legal protection insurance:
At the opening of any new file, our law firm in Pointe-à-Pitre questions the client to find out if he benefits from a contract, insurance or a legal protection clause.
This guarantee, which allows you to pay your lawyer, can be included in different insurance policies (home insurance, car insurance, credit cards, complementary health insurance, etc.).
Depending on the insurance, it can cover all or part of the lawyers' fees, as well as the bailiff's fees and, possibly, the fees of a technical expert.
In addition, an additional "result" fee may be agreed:
In France, the agreement by which a lawyer and his client agree that fees would only be due if the lawsuit is won and according to the result obtained (quota litis pact), is strictly prohibited. It is however possible to agree on a "result" fee: in this case, the lawyer receives a "basic" fee (generally a flat rate) to which is added an "additional" fee if he achieves a particular result.
The additional fee may be fixed or proportional to the result obtained (for example, a percentage of the amount of sums recovered on behalf of the client).
What are fees and expenses?
Costs and expenses are costs incurred during a trial that do not constitute lawyers' compensation.
If you ask your lawyer to initiate a lawsuit, he will most often have your opponent issued with a summons by a bailiff. The cost of this summons is part of the costs.
Similarly, if the solution of your lawsuit requires an expert, the cost of this will also be part of the costs.
Provisions :
It is customary for the lawyer to request a first provision on fees and expenses as soon as he is actually seized. This provision allows it to carry out due diligence as soon as it is referred to it and therefore allows the client to be able to consider that his case has been taken care of.
As the case progresses and his work progresses, the lawyer may request the settlement of additional provisions.
Once the file is completed, he establishes a final statement of his costs and fees taking into account the provisions already collected, which are therefore deducted from the total amount.
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