Time-based fees are invoiced according to the time actually spent by the lawyer on the client’s case.
Our hourly rate varies from 110.00 to 170.00 euros excluding taxes and expenses, depending on the person involved (senior lawyer, associate, assistant, etc.) and the legal criteria listed below.
Cabinet COJRL draws up its invoices on the basis of time reports drawn up by the participants. They count their time in tenths of an hour and are therefore able to draw up invoices that are both accurate and exhaustive.
Customers are regularly informed of the time spent on each project, on request, so that they can monitor their commitments.
This mode of operation is best suited to one-off consultations, or to cases that are clearly destined to last over time, and for which it is difficult to determine the lawyer’s involvement in advance, and therefore to determine a fixed fee.
If the client so desires, and if the nature of the case so permits, a fixed fee may be agreed by mutual agreement, whether for a specific litigation action, service or act (or contract).
An all-inclusive fee is one which does not take into account the time actually spent.
This fixed fee can only be modified in agreement with the Client. Such an option presupposes that the lawyer is in a position to appreciate and estimate the work that will be required for the case. Contrary to popular belief, and for obvious reasons, the customer rarely wins by opting for a fixed fee. This is why it seems obvious to us to only offer a fixed fee if it is accompanied by a performance fee, i.e., based on the lawyer’s success.
Fees based on results
In France, contrary to the practice in other countries, notably the United States, the “pacte de quota litis”, i.e., the agreement by which a lawyer and his client agree that fees will only be payable if the case is won and according to the result obtained, is not authorized, even if it is the client’s wish.
However, it is possible to agree on a “result-based” fee, whereby the lawyer receives a “minimum” fee (generally a flat fee), plus a “complementary” fee if the result agreed with the client is achieved.
Complementary fees may be fixed or proportional to the result obtained. They may, for example, consist of a percentage of the sums obtained, or of the savings achieved in relation to the opposing party’s initial claim.
This type of fee may be justified if the stakes are high for the customer, and the latter does not have the means, given the configuration of his assets, to commit the funds required by the litigation in question.
In such cases, an agreement containing the lawyer/client terms must be signed.
Payment of fees
nvoices are issued as and when the service is rendered, with details of time spent and services rendered.
As the legal services are rendered, the lawyer may request retainers from the client to enable him to begin his work, advance funds if necessary, etc. These retainers are in fact advance payments to the client.
These advance payments are in fact down payments on the fees that will be invoiced during the course of the assignment.
As of January 1, 2023, the VAT rate applicable to lawyers’ fees and expenses will be 20% for those who do not benefit from legal aid (*) or territorial exemption.
Invoices are payable upon receipt.
Unless otherwise agreed, fees do not include expenses incurred by the firm such as travel, telephone costs, tax stamps, court registry fees, bailiffs’ fees, deeds, recordings, etc. Nor do they include advances made by the firm on behalf of the client; these costs are therefore billed to the client on a mark-to-market basis.
The fee agreement is a contract signed between the client and the lawyer, setting out in writing the principles governing payment of the fees due, as well as the method of calculation (flat-rate or hourly rate) for the work carried out by the lawyer and any results obtained.
The written fee agreement will therefore specify in detail how the lawyer’s fees and expenses will be calculated, as well as the billing conditions.
(*) As an individual, if your income is below a certain ceiling, you may qualify for legal aid under certain conditions.
“Honorarium”(“honoraire” or “fee”):/strong> Roman term meaning a sum of money that a municipal magistrate had to pay in recognition of the honor bestowed on him by his appointment. “In France, a fee given for their services to those who exercise a profession qualified as honorable, such as priests, lawyers, doctors, etc.”