In principle, attorneys’ fees are not subject to fixed rates, but they shall be determined in accordance with professional standards. They are based on several criteria (Article 11 of the National Rules of Professional Conduct) :
- the time devoted to the case,
- the nature and the complexity of the case,
- research work,
- the significance of the interests at stake,
- the impact of the fees and expenses of the law firm to which the attorney belongs,
- the attorney’s reputation, qualifications, and seniority,
- the attorney’s experience,
- the attorney’s area of specialization,
- the client’s financial situation,
- the benefits and results obtained for the client through the lawyer’s work, as well as the service provided to the client.
The Initial meeting at the Firm or in visio conference
The initial meeting, lasting approximately two hours, is billed on a time-and-materials basis. If the firm takes on the case, the cost of this initial meeting will be deducted from the agreed-upon fees.
Entering into a Fee Agreement
The client (or clients) and the attorney enter into a fee agreement prior to the commencement of the engagement.
The agreement sets forth the lawyer’s billing terms. The lawyer may be compensated in three different ways:
- Hourly rate: in this case, the attorney is paid by fees based on the time spent on the case. A time sheet detailing the attorney’s work is prepared and sent to the client along with the corresponding bill. Payment at the hourly rate includes VAT (20%).
- The flat fee: the attorney and the client may agree on a lump-sum payment. This type of payment is determined based on the nature of the case, the relationship between the attorney and the client, and the amounts involved.
- Contingency fee. A contingency fee may also be negotiated in advance. It can only be a supplementary fee. It takes the form of a percentage of the amounts received by the client at the conclusion of the dispute and defined in advance. It includes VAT (20%) and can only be paid once the case is closed.