Fees for consultations, assistance, advice, the drafting of privately executed legal documents and advocacy are set in agreement with the client.
In the absence of an agreement between the lawyer and the client (for instance in an emergency), the fee is set in accordance with established practice, taking into account the following factors:
As soon as I am instructed, and regularly thereafter, I will inform you of how my fees are determined and of how their amount is likely to evolve.
Depending on the work to be carried out, I may ask for an advance payment on account of costs and fees.
I propose that fees be charged on a time-spent basis, that is to say according to the time spent on the engagement we will have defined together.
Time spent is charged at an hourly rate, which we will discuss at our first meeting after you have presented your matter, in accordance with the principles set out above.
VAT will be added at the rate in force on the date of invoicing. The hourly rate may be revised on the anniversary of the fee agreement.
A statement of the work carried out and of the time spent on each task, together with an invoice or fee note, is sent to the client every month. Fees are in principle payable on receipt.
A final statement is drawn up at the end of the engagement, showing all fees paid and the balance due.
Expenses, disbursements and costs must be paid either directly to the professional who invoiced them or to the lawyer who advanced them on behalf of the CLIENT.
These expenses, disbursements and costs include, without limitation: travel expenses, court bailiff’s fees, photocopying costs, postage…
The pleading fee (droit de plaidoirie) is a fixed sum (13 euros) that the lawyer must pay for each case pleaded (including under legal aid) before the vast majority of civil, criminal and administrative courts. Reimbursement of this sum will therefore always be requested.
Invoices for expenses and fees will be submitted via an approved e-invoicing platform (Plateforme Agréée). Supporting documents for disbursements are provided on request.
Client acting for purposes outside their trade or profession (private individual)
Payment of the invoice is due within 30 calendar days of receipt of the invoice by post or electronically, this period not exceeding fifty (50) days, with no fees or interest payable during that period. No discount is granted for early payment. In the event of non-payment by the due date, late payment interest at the statutory rate will be payable, in accordance with Article 1231-6 of the French Civil Code.
Client acting for professional purposes
Payment of the invoice is due within 30 calendar days of receipt of the invoice by post or electronically. No discount is granted for early payment. In accordance with Article L. 441-10 of the French Commercial Code, the rate of the late payment penalties due from the day following the payment date stated above is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. The fixed compensation for recovery costs due where sums are paid after that date is set at €40 (Article D. 441-5 of the same code). Where the recovery costs incurred exceed the amount of this fixed compensation, the creditor may claim additional compensation on proof.
If invoices for fees and expenses are not paid, the lawyer reserves the right to suspend performance of the engagement, of which the client will be informed and warned of the possible consequences.
Should the client wish to withdraw instructions from the lawyer and transfer the file to another lawyer, the client undertakes to pay without delay the time-based fees, as well as the expenses, disbursements and costs owed to the lawyer for the work carried out before the withdrawal.
Any dispute concerning the amount and recovery of the lawyer’s fees, expenses and disbursements may only be settled, failing agreement between the parties, through the procedure provided for in Articles 174 et seq. of Decree No. 91-1197 of 27 November 1991 governing the legal profession.
The matter is referred to the Bâtonnier (head of the Paris Bar) at the request of the party that first refers the matter.
It is expressly agreed between the parties that, in the event of a dispute, the amount of fees, expenses and disbursements calculated as provided in the fee agreement and remaining due to the lawyer must be deposited with the Bâtonnier of the Paris Bar pending a final decision fixing the fees, expenses and disbursements.
In accordance with Articles L. 612-1 et seq. of the French Consumer Code, as a consumer you may refer a dispute free of charge to the Consumer Ombudsman (Médiateur de la consommation) of the Conseil National des Barreaux (CNB, the French national bar council), whose contact details are as follows:
CNB-Médiateur à la consommation – 180 Boulevard Haussmann 75008 PARIS
Email: mediateur@mediateur-consommation-avocat.fr
Website: https://mediateur-consommation-avocat.fr
THE CLIENT is informed that the Ombudsman may only be approached after first attempting to resolve the dispute directly with THE LAWYER by means of a written complaint.
If the fee agreement is signed off-premises or at a distance, the CLIENT has a withdrawal period of 14 days from its signature. The last page of the agreement contains a detachable withdrawal form.
The CLIENT may also exercise the right of withdrawal by any unambiguous statement expressing the decision to withdraw, for example by letter (Article L. 221-21 of the French Consumer Code).
No sum may be requested by THE LAWYER from the CLIENT before the expiry of a period of 7 days.
If the CLIENT wishes THE LAWYER to start work immediately, the CLIENT must expressly say so.
Under Article 1366 of the French Civil Code, an electronic document has the same evidential value as a paper document, provided that the person from whom it emanates can be duly identified and that it is drawn up and kept in conditions that guarantee its integrity.
Article 1367 of the French Civil Code provides that where a deed is signed electronically, the signature consists of the use of a reliable identification process guaranteeing its link with the deed to which it is attached. The reliability of this process is presumed, until proven otherwise, where the electronic signature is created, the identity of the signatory is ensured and the integrity of the deed is guaranteed, under conditions laid down by decree of the Conseil d’État.
You may be offered the option of signing the fee agreement using the tools provided by the Conseil National des Barreaux and the Clef Avocat, which includes a certificate meeting European (eIDAS) standards and listed by the French State.
This English version is provided for information only. In the event of any discrepancy, the French version prevails.
