FEES
Under the terms of Article 459 of the Judicial Code, the lawyer freely sets the amount of his fees and has the duty to do so with just moderation. The lawyer’s fees shall cover the services and duties performed by him (consultations, telephone interviews, meetings, expert reports, study of the file, research, preparation of the hearing notes, petitions, quotations, submissions and other pleadings, appearance at hearings for delivery, pleadings, various usual procedures, writing letters and e-mails etc.).
In general, the lawyer works according to an hourly rate. The price varies according to the type of file, the urgency, the special duties to carry out, the possible displacements, … The tariff is also adapted according to the matter while taking into account the financial situation of the customer.
A document including the methods for calculating fees and fees will be given to you at the beginning of the file and a timesheet is regularly updated so that you are not surprised at the end of the procedure.
A flat rate method is possible but only in certain cases.
A fee and fee agreement is presented after the first interview. This agreement is the contract that governs the relationship between the lawyer and his client.
As a reminder, in certain matters such as road traffic law (road accident, drunkenness, speeding, …), the customer often benefits from legal protection insurance that will cover the costs and fees of the company. lawyer. Finally, it should be noted that since January 1, 2014, lawyers’ fees and fees are subject to VAT at a rate of 21%.
ASSISTANCE OF AN INSURANCE COMPANY?
You may have a “Legal Protection” insurance. These coverages are very often linked to your family insurance plan or your car insurance, without you really being informed.
This insurance covers in particular the assumption of legal costs, legal fees, bailiff fees or expert fees, in compliance with the general and special conditions of your policy.
It can thus be very useful, by avoiding you to support costs of procedure, sometimes important. Do not hesitate to ask your broker.
You have the free choice of your lawyer, if you use this guarantee.
INTERVENTION IN THE FRAMEWORK OF LEGAL AID (PRO DEO)?
I practice second-line legal aid (pro deo).
If your income is below the thresholds, we will defend your interests, in our preferred materials, and our fees will be borne by the State.
ASSISTANCE OF LAWYER’S COSTS BY THE ADVERTISING PARTY?
Articles 1017 et seq. Of the Judicial Code provide that, if successful, the successful party may obtain the award of costs against the defendant, which includes, among other things, bailiff’s fees and a procedural indemnity.
The latter is a lump sum intervention in the lawyer’s fees of the “winning” party. It therefore partly offsets the costs incurred.
The amount of the procedural indemnity depends on the financial significance of the case and its complexity. It is fixed by the Judge as part of his decision.
However, in family matters, it is common for the Tribunal to award no procedural indemnity to the parties, regardless of the outcome of the dispute.