Fees: principles - consultation rate - hourly rate

In accordance to the law (article 10 of the law n° 71-1130 the 31^st of December 1971), the elements relating to the terms of the firm's intervention and the conditions of the lawyer's remuneration are communicated in advance and in writing to the clients.

Any intervention is feasible upon the signature and agreement of the lawyer’s fee agreement specifying, in particular, the amount or the method of determination of the fees covering the foreseable work as well as miscellaneous costs and disbursements.

The fees are fixed in the line of service provided, depending on the client's financial situation, the difficulty of the case, the expenses incurred by the lawyer, his notoriety and his diligence. The lawyer in charge of a case may ask for fees from his client even if the case is taken away from him before its conclusion, to the extent of the work accomplished.

The elements for determining the lawyer's compensation include:

-         the time spent on the case

-         the research work

-         the nature and difficulty of the case

-         the importance of the interests involved

-         the incidence of the fees and charges of the firm to which he belongs

-         his notoriety, his titles, his seniority, his experience and the specialization he has.

-         the benefits and result achieved for the client as well as the service provided to the client.

The client is responsible for the implementation of his legal protection insurance and the reimbursement by his insurer of the lawyer's fees corresponding to the fee determined.

The pricing established by the insurance company can in no way replace the lawyer’s fees which is established by the convention and furthermore the implementation of the  guarantee within the framework of the client's relations with his insurer which cannot limit his freedom of choice.

In matters of real estate seizure, division,  partition , auction and judicial guaranties, the lawyer’s fees and emoluments are governed on the  basis of a fixed tariff according to the methods provided for in Title IV bis of the IV Commercial Code.

The client may opt for

-         a time-based fee depending on the time spent under which works on hourly rate

-         for the payment of a lump sum fee

-         for the payment of time-based fees determined by the time spent according to the time-based fee and flat lump sum fee.

In addition to the compensation for the work carried out, the signed agreement may provide for the fixing of an additional fee according to the result obtained or the service rendered.

Currently, the consultation fee rate is set at 200 € (euros)(included tax) and the firm’s hourly rate is 200 € (excluded tax - 217 € included tax).

The client can use several methods of payment such as:

- bank transfer: a bank account number is attached to the fee agreement and invoices ;

- cash deposit (within the limit of 1000 € in accordance with article D.112-3 of the Monetary and Financial Code) or cheque against receipt/payment by credit card (with the possibility of payment option in two, three or four times available) at the office reception

- On line payments: a 100% secure payment solution is offered. After the invoice is issued, a payment link is sent to the customer by email (if the customer has provided an email address).

In case of dispute relating to the validity, at the time when the interpretation or execution of a fee agreement is done, it can be referred to the le Bâtonnier de l’ordre des Avocats (the Bar Council’s President) of Guadeloupe, Saint-Martin and Saint-Barthélemy by the client or the firm.

Similarly, in the event of a dispute relating to the payment of the firm's fees, the client, before taking any other action, can send to the firm a written complaint by registered mail with a request for acknowledgement of receipt.

In the absence of a response from the firm within two months of the date appearing on the notice of receipt, or if an agreement has not been reached, the client may, within a period of one year of receipt of his complaint by the lawyer, refer the matter to the Médiateur de la consommation de la profession d’avocat (Mediator of the profession of lawyers consumers).

Option for referral can be done by:

-         writing to The Médiateur de la consommation de la profession d’avocat 180, boulevard Haussmann 75008 Paris

-         by email at: mediateur@mediateur-consommation-avocat.fr

-         directly by going on the website https// mediateur-consommation-avocat.fr by completing the referral form .