The methods of financing the firm's services are agreed by mutual agreement, by a fee agreement including the general terms and conditions of the firm and the terms of the mission envisaged.
Value Added Tax (VAT) of 20 % may apply.
A distinction is made between fees, costs and expenses.
Fees do not include fees and expenses.
The fees
The lawyer's fees take into account several criteria:
- The emergency
- The complexity of the file
- The interests at stake
- The quality of the parts
- The time spent on the file
- The qualification of the lawyer in charge
They cover the services of study of documents, research, drafting, pleading, coordination, carried out by the lawyer.
They are calculated on the basis of time spent or are the subject of a flat rate when the service is precisely identifiable. It is forbidden for the lawyer, in order to preserve his independence, to bear the risk of the case. A small "incentive" can nevertheless be agreed.
The fees take into account structural costs (company charges: rent, IT, insurance, depreciation, contributions, etc.).
The fees are the responsibility of the party who incurred them and which, in the event of a civil or criminal trial, may for a small part be charged to the losing party (art.700 of the Code of civil procedure) (article 475-1 of the code of criminal procedure).
The indicative rates displayed do not include fees and disbursements, legal incidents, negotiations and sector studies.
Provision
The firm requests the payment of a provision covering the first work, costs and expenses necessary for the processing of the file. This provision is non-refundable and its payment allows the work to begin immediately.
Expenses
These are the costs related to the file such as travel costs, printing, correspondence, postulation, research, formalities; they can be important, in particular when interests located abroad are at stake, or when the case requires calling on partners, or forming a team.
disbursements
The costs also include the "disbursements" which correspond to the services of third parties and specific to the file, such as the costs of bailiffs, notaries, experts, administrations, formalities.
The costs are borne by the party who incurred them, and, in the event of a trial, may be recovered from the loser.
Costs
The "costs" are the legal costs qualified as procedural costs include:
* The costs necessary for the functioning of the judicial institutions such as tax stamps, registration fees, rights of pleading, rights of publicity, court fees, etc. referred to as “costs”; they are in principle charged to the losing party (article 695 of the code of civil procedure, in the event of a civil trial).
* The tariffed costs due to legal auxiliaries (bailiffs, notaries, attorneys, experts) referred to as "emoluments", which also fall into the category "expenses" and are in principle borne by the losing party.
*Costs incurred under judicial authorization.
The regulation of fees is set by the law of December 31, 1971 n°1130 and the decrees of November 27, 1991 n°11971 and July 12, 2005 n°790.
Disputes over fees are entrusted to the President of the Paris Bar.
You can also appeal to the mediator of the legal profession:
Ms. Carole Pascarel, consumer mediator for the legal profession
Address: 180 boulevard Haussmann, 75008 Paris
Email: mediateur@mediateur-consommation-avocat.fr
Website: https://mediateur-consommation-avocat.fr
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