About Us

Unless otherwise agreed, an lawyer’s fees consist of a fee calculated on an agreed hourly rate, plus a success fee where the outcome of the matter has a value in money terms or where the lawyer and the client have defined the objective(s) to be achieved.

1. Fees calculated on an hourly rate

Each matter handled by the lawyer is invoiced at the base rate agreed with the client when the file was opened; the hourly rate for avocats in the LEXMIND law firm ranges from 100 to 250 euros per hour, depending on the experience and specialisation of the chosen lawyer and the complexity of the matter.

Matters are invoiced on the basis of the avocat’s daily timesheet, which is constantly available to the client. The service provided includes studying the file, carrying out research, verbal and written consultations, telephone interviews and discussions, meetings and appraisals; drafting and preparing hearing transcripts, application notices, witness summonses, submissions, statements of the facts and other procedural documents; travel and court appearances, waiting time and advocacy, various customary steps, etc.

The base rate is increased by 50% for all urgent services, in other words for services which have to be carried out outside normal office hours or at the weekend, and for services which demand immediate availability.

The base rate is index-linked, with a review on every 1^st January that is based on the consumer price index for the month of December preceding the opening of the file.

2. Additional results-based success fee

Apart from the fee based on the basic hourly rate, the client agrees to pay the lawyer, for files where the subject matter has a money value, a success fee which is payable by results. This consists of a percentage of the amount obtained and/or the loss avoided in terms of principal and interest, plus fines, penalties and possible increments.

Unless otherwise agreed, this percentage is calculated as follows:

These percentages are applied to the total sum produced by adding together:

• Any amounts which your opponent(s) abandons;
• Any amounts that are demanded by your opponent(s) but disallowed;
• Any amounts paid by your opponent(s) or which they are adjudged liable to pay.

The resulting fee is reduced by half if, outwith all negotiations, the payment is made before the commencement of proceedings; and in respect of sums which can definitely not be recovered, by reason of the debtor’s insolvency.

If the matter cannot be valued in money terms, the success fee comes under a particular agreement which provides for an increase in the hourly rate in the event that one or several of the client’s objectives are achieved. No success fee is payable if none of the client’s objectives are satisfied.

If the lawyer’s involvement in the matter ceases before the success fee can be calculated, it will remain due and will be calculated subsequently on the basis of the result obtained by the client or his new adviser.

Apart from professional fees, the lawyer charges to the client’s account various expenses incurred, at the following rates:

The client also agrees to reimburse the lawyer, or to pay the third party direct, for all disbursements, including in particular the fees of officers of the court, court fees, translation fees, retainers and fees of correspondents abroad, fees for expert advice, courier fees, research fees, etc. A specific payment on account may be requested for certain disbursements.

When the file is opened, and thereafter every time it proves necessary, the lawyer sends the client a request for payment on account to cover the services to be provided. Payments on account are due and payable as soon as the client receives the request, and are deducted from the final invoice when the file is closed.

At regular intervals, the lawyer will deliver interim invoices which state the total of the fees, expenses and disbursements incurred during that period and, at the end of his or her involvement, will deliver a final statement of fees, expenses and disbursements not already invoiced, from which are deducted the payments made on account.

The interim and final invoices are accompanied by a statement of fees and expenses incurred, and are payable within 15 days of issue, to the credit of the stated account and quoting the relevant invoice number and client reference.

Unless otherwise agreed, the avocat will not embark upon the assignment entrusted to him or her until the first payment on account has been received. The avocat also reserves the right to suspend work at any time if a payment is overdue.

Except for requests for payment on account, which are due and payable when received, all statements and interim invoices are payable within 15 days of issue, to the credit of the stated account and quoting the relevant statement/invoice number and client reference.

Upon the expiry of this period, the statements and invoices that have been issued give rise to a right, without prior notice, to late payment interest at the rate set by the loi du 2 août 2002 and its implementing regulations, for late payment in commercial transactions, even if the client is not a business or public authority within the meaning of this statute.

Any reminders and/or letters of claim will be charged to the client’s account at the rate of 25 euros per item.

Furthermore, a delay in payment of more than 60 days will lead to the client being charged, as of right and without prior notice, a fixed amount o f 10% of the unpaid total, with a minimum of 250 euros.

The client authorises the avocat to deduct from any sum due to him and which is held by the avocat (such as sums paid by the other party or by a third party to the credit of the avocat’s client account) the amount of fees and expenses due from the client.

If the client is offered a facility to clear his or her arrears by instalments, the sum due will be increased by a figure for late-payment interest at the rate of 5% per annum, after payment of the final agreed instalment.

When the file is first opened, the client may indicate to the lawyer that he or she may be entitled to full or partial support from a third-party funder (such as a legal expenses insurer) who will be responsible for the fees, expenses and disbursements required for the protection of his or her interests.

In that event, the client will, without delay, embark on the steps required by this third-party funder and will provide the lawyer with details of the third-party funder, and of the agreement(s) between the funder and the client, so that the lawyer can confirm with the third-party funder the request for advice and assistance that has been made.

The client remains solely responsible for payment of all fees, expenses and disbursements incurred by the lawyer, the third-party funder not being a party to the lawyer-client relationship. The client will thus be required to pay the fees, expenses and disbursements incurred without having prior assurance that they will be dealt with by the third-party funder, as well as the fees, expenses and disbursements that are, for any reason whatever, not discharged by the third -party funder, for example because they go above a funding ceiling, or because the applicable hourly rate is rejected, or because of a success fee is rejected or there is a dispute over the lawyer’s financial statement or invoice.

If necessary, the client will carry out the steps and procedures required to oblige the third-party funder to indemnify him or her for all the fees, expenses and disbursements paid to the lawyer.

Courts and tribunals generally order the losing party to pay the costs of the procedure, including in particular the witness fees, the costs of a notice of appeal, and other procedural expenses such as the expenses incurred in the context of a court-ordered expert assessment. The magistrat may also order the losing party to indemnify the winner, partially or on a flat rate, in respect of the fees and expenses of the avocat he or she had to retain (an “indemnité de procédure” or party and party costs).

The amount of a party and party costs award is fixed by the magistrat, having regard in particular to the subject-matter of the litigation (see table), the financial resources of the losing party and the complexity of the matter. This indemnity is usually less than the amount of the fees and expenses invoiced by the lawyer, which the client remains liable to pay in their entirety.

If a party and party costs award is made, and if it is in fact paid to the lawyer by the unsuccessful opponent, the amount of this award is set off against the fees and expenses due from the client.

If the amount of party and party costs obtained is greater than the invoiced fees and expenses, the lawyer shall be entitled to the difference, either by way of a success fee or as a supplement to the success fee.