Pursuant to Article 22 of the National Rules of Procedure of Lawyers:
Fees. – Emoluments. – Disbursements. – Method of payment of fees (L. s. 10; D. 12 July 2005, s. 10, 11 and 12; D. 27 November 1991, s. 174 et seq.).
Determination of fees:
11.1. In the absence of an agreement between the lawyer and his client, the fees are fixed according to the practice, according to the client’s fortune, the difficulty of the case, the costs incurred by the lawyer, the reputation and diligence of the latter. The lawyer in charge of a file may request fees from his client even if this file is withdrawn before its conclusion, to the extent of the work done.
Client Information:
11.2. The lawyer shall inform his client, as soon as he has referred the matter, and then regularly, of the methods of determining the fees and of the foreseeable evolution of their amount. Where applicable, this information is included in the fee agreement.
Elements of remuneration:
The lawyer’s remuneration is based on, among other things, each of the following elements in accordance with practice:
11.3. Methods of Determining Fees:
Allowed modes:
A block fee may be agreed. The lawyer may receive fees from a client periodically, including in lump sum form.
Prohibited modes:
It is forbidden for the lawyer to fix his fees by a pact of litis quota.
The litis quota agreement is an agreement between the lawyer and his client before final judicial decision, which sets exclusively the entirety of his fees according to the judicial result of the case, such fees consist of money or any other property or value.
A lawyer may only collect fees from his client or an agent of the latter.
The remuneration of business contributions is prohibited.
Provision for expenses and fees:
11.4. A lawyer who accepts the charge of a file may request from his client the advance payment of a provision to be used against his expenses and fees.
This provision cannot go beyond a reasonable estimate of the fees and probable disbursements caused by the file.
In the absence of payment of the requested provision, the lawyer may waive or withdraw from the case under the conditions provided for in Article 13 of the aforementioned decree of 12 July 2005. He shall provide his client with any information necessary for this purpose.
11.5. Fee Sharing:
Corresponding Lawyer:
A lawyer who, not limiting himself to putting a client in contact with another lawyer, entrusts a file to a colleague or consults him, is personally obliged to pay the fees, costs and disbursements due to this colleague corresponding to the benefits completed at his request by the latter. The lawyers concerned may nevertheless, from the outset and in writing, agree otherwise. In addition, the first lawyer may, at any time, limit, in writing, his commitment to the amount of the sums due on the day he excludes his liability for the future.
Unless otherwise stipulated, the provisions of the above paragraph apply in the relations between a lawyer and any other correspondent who is consulted or entrusted with a mission.
Joint drafting of acts:
In the drafting of acts and where an act is drawn up jointly by several lawyers, the provision of advice and assistance to each intervener may be remunerated only by the client or by a third party acting on behalf of the client.
In the case where it is customary for the drafting fees to be the sole responsibility of one of the parties and on the condition that the act expressly states so, the fees must be, in the absence of an agreement to the contrary, equally divided between the lawyers who participated jointly in the drafting.
Prohibited fee sharing:
It is forbidden for a lawyer to share an honorarium in any form with natural or legal persons who are not lawyers.
Methods of payment of fees:
11.6. Fees shall be paid in accordance with the provisions of the law and the regulations, in particular by cash, cheque, bank transfer, promissory note and bank card.
The lawyer can receive a payment by bill of exchange as soon as it is accepted by the drawee, client of the lawyer.
The endorsement may only be made for the benefit of the lawyer’s bank, for the sole purpose of collection.
The lawyer with an unpaid bill of exchange can act before the commercial court.
However, in case of dispute of the claim of fees, he will have to seize his bâtonnier for the purposes of taxation and request the stay to decide before the commercial court.
Final Detailed Account:
11.7. The lawyer shall keep at all times, by file, an accurate and separate accounting of the fees and of any sum he may have received and the allocation given to them, except in the case of a lump sum.
Before any final settlement, the lawyer gives his client a detailed account. This account clearly shows expenses and disbursements, tariffed emoluments and fees. It shall mention amounts previously received as a provision or in any other capacity.
An account drawn up in the manner provided for in the preceding paragraph shall also be issued by the lawyer at the request of his client or of the president, or where required by the president of the high court or the first president of the court of appeal, a dispute in respect of fees or disbursements or tax.
The Cabinet ALQUIER & ASSOCIES invoice in current matters and non-emergency 300 euros HT per hour (VAT extra).
Requests involving an analysis in international law are charged 350 USD HT of the minimum hour (VAT extra).
Any intervention is conditioned to and invoiced on quote accepted.