In France there is no official regulation for fees as there is in Germany for example. According to article 10 of the law 71-1130 from 30 December 1971 “ the fees are fixed upon joint agreement between lawyer and client”.
In order to avoid any disputes it is advisable to reach an agreement on fees (convention d’honoraires) in advance: the more detailed the better.
There are different possibilities for an agreement on fees:
• fixed fees for common disputes,
• preliminarily fixed hourly rates,
• no win, no fee agreements: The fees must not depend exclusively on the success of the intervention. They should be composed of a fixed part and a percentage rate for the achieved indemnification or a lump sum for the services.
In addition to the fees, the lawyer can also insist on the refund of the costs arisen from the lawsuit.
If I am unhappy with my lawyer’s fees what can I do?
First contact your lawyer to challenge the fees:
It may be possible to deal with the problem directly with your lawyer. First of all you should ask for an itemised bill of the costs and fees (You can suspend your payment until you receive the account).
If I do not have any agreement on fees with my lawyer ?
You should inform your lawyer of any part of the itemised bill you do not agree with.
If I do have an agreement with my lawyer?
Compare the agreement to the itemised bill. Do they correspond?
If they do, then there are few chances for a complaint to be successful.
If they do not, you should inform your lawyer of the parts of the itemised bill you do not agree with.
The assessment procedure before the president of the bar association (Bâtonnier du barreau)
If no amicable settlement can be achieved you can still contact the president of the competent bar association (by registered mail with return receipt).
After hearing both parties the president will set up an appropriate fee within a period of 3 months and you will be informed of the decision by registered mail with return receipt within 15 days.
The proceeding at the court of appeal
What if I do not agree with the decision?
Within 1 month after receiving the decision you can appeal to the competent court of appeal (by registered mail with return receipt). The court will then set up the fee after a hearing in court.
If you do not agree with the decision of the court of appeal your last possibility is an appeal to the French supreme court “Cour de Cassation”. You should, however, keep in mind that a proceeding at the “Cour de Cassation” is a time-consuming and expensive procedure.
You will find a list of the presidents of the French bar associations and the courts of appeal under the following address:
http://www.conferencedesbatonniers.com
