Billing: Principles and methods for fixing and payment of fees and expenses
As a principle, fees are calculated according to an hourly rate which varies primarily by:
- Experience and specialization of lawyers handling the case,
- The nature and difficulty of the legal issues addressed,
- The client’s situation,
- The amount of interests at stake and the benefits that might be gained by the client.
Block fees may exceptionally be agreed.
Incidental services that are necessary to fulfil the legal or judicial mission entrusted (filing trademarks formalities, patents, incorporation of a company, application services, representation abroad, provision of research and investigation, etc.) are billed directly to the client for fees or disbursements.
The contingency fees pactum de quota litis
Lawyers are authorized to solicit and obtain success fees in addition, depending on the result of the services accomplished in their clients’ interests.
However, lawyers are not allowed to set their fees by a “pactum de quota litis”, that is to say an agreement between the lawyer and the client, signed when opening a file, that would fix all the fees based solely on the legal outcome of the case.
The reimbursement of expenses and disbursements
In addition to the fees due in consideration of diligences the Office fulfilled in his case, the client will be required to pay the costs incurred by the daily management of its file.
Expenses are the expenses related to the file, namely the expenses of telephone, fax, postage, stationery, photocopying.
They are assessed at a flat rate and charged once when intervention or completion of the file in less than three months, and quarterly in case of followed intervention.
In addition, the Customer shall also bear the fees and disbursements in case of introduction and follow up of litigation proceedings before the courts, which include bailiff’s fees, registry expenses, tax stamps and counsel’s hearing fees.
In any case, the customer, who may request any supporting documentation, shall reimburse all specific costs and expenses – such as carrier, translation costs, travel and accommodation, etc.
Payment of fees, costs and expenses
Our law firm applies the principle of provision fees: the costs and fees are charged and paid in advance.
In case of failure to pay the requested sum, the firm could waive to deal with the case.
Indicated amounts do not include taxes and are plus VAT, at the prevailing rate.
Fees are paid in accordance with the law and regulations, including cash, check, bank transfer, promissory notes and credit card upon receipt of the invoice.
Interest at the legal rate plus 5 % is legally due in case of non-payment one month after the invoice’s date.
File Transfer and disputes
Fees are due to the Firm as soon as diligences have been done in the client’s interest.
The client authorizes Pierrat & de Seze to offset any amount so it should, for any reason whatsoever (including amounts credited to the account CARPA and returned to the client or fees overpayments in other files that the client has entrusted to the office), with any invoice for fees and unpaid expenses.