Fees

This agreement governs the relationship between our law firm and its client in accordance with the professional rules applicable to lawyers.

It contains general and specific terms.

The general terms provide, in particular, that the firm’s role is to represent, assist, negotiate and defend in the matters entrusted to it.

The engagement begins once the information required to perform it has been provided, the remuneration terms have been agreed and the first fee invoice has been paid.

It may end following a court decision, negotiation or mediation, or upon the signing of a settlement agreement and any subsequent court approval. For the drafting of legal instruments, it ends when they are signed.

The firm may terminate the engagement at any time, particularly in the event of a significant disagreement about the strategy or means of defence to be adopted, or if the agreed fees remain unpaid.

The client may terminate the engagement if they wish to close the matter or instruct another lawyer. If the matter is transferred to new counsel, that lawyer will only take over once all outstanding fees have been paid in full.

The firm cannot guarantee the success of its services. It is subject to an obligation of means and will perform its engagement in accordance with the applicable legislation, case law and professional rules governing lawyers.

In court proceedings, the firm must submit to the court and disclose to the opposing parties all documents provided to the court, in accordance with the adversarial principle.

The firm retains control over the legal and factual arguments it presents. It will carry out all procedural steps it considers justified.

Except in an emergency, the firm will submit draft documents, pleadings or written submissions for approval before filing or sending them. These documents will be deemed approved unless the client advises otherwise.

The firm may nevertheless refuse to make a particular application or develop a legal or factual argument suggested by the client if it considers that argument contrary to the client’s interests, incompatible with the law or contrary to the lawyer’s conscience.

In an emergency or where necessary, the firm may arrange for a lawyer of its choice to act in its place.

The firm must provide all relevant information about the progress of the matter. The client has access to all documents except correspondence between lawyers, which is confidential by law.

The firm’s lawyers and staff are bound by professional secrecy.

Mortgages or security interests will only be registered and/or renewed on the client’s express written instructions.

Rights of appeal or review — including appeal, opposition, cassation and third-party opposition — will only be exercised on the client’s written instructions.

At the end of the engagement, the file will be retained for the five-year legal limitation period applicable to professional liability and will then be destroyed.

The client must provide the firm with complete and honest information about all facts and circumstances concerning the matter. The client must supply all relevant documents and ensure that they only provide documents obtained lawfully and properly. Original documents must be supplied after the client has retained a copy. The client must provide all necessary documents, records and correspondence voluntarily and in good time.

The client must inform the firm of any development in the matter, including any direct negotiation between the parties concerned.

The client must also inform the firm of any change in civil status, address, telephone number, email address or other contact details.

Communications will be made in writing, preferably by email or post.

Telephone use is primarily reserved for emergencies and scheduled telephone appointments.

Fees are agreed freely and may take the form of a fixed fee for a matter or service, a fixed monthly fee, or an hourly rate. They may include a success fee.

Where costs or fees are covered in whole or in part by legal expenses insurance, they must still be paid to the firm. It is then the beneficiary’s responsibility to seek reimbursement.

Where fees are charged by time spent, they cover, in particular, meetings at or outside the firm’s offices, reviewing, preparing and managing the matter, court hearings and oral submissions, assistance during expert assessments, drafting correspondence and legal instruments, written and telephone communications, and dealings with court registries or courts.

Any success fee payable in addition to fees for work performed will be calculated and invoiced as a percentage agreed between the parties.

It will be calculated on the principal sums and interest obtained or negotiated and/or on the sums saved.

If the firm’s engagement is terminated while a matter is in progress, the success fee will remain payable according to the progress already made in the matter.

Costs are payable in addition to legal fees.

The client authorises the firm to deduct from any compensation or other sums recovered under this agreement and the authority granted to the firm all costs, fees for work performed, success fees and recoverable legal costs. These amounts may be deducted from the CARPA account into which the recovered funds are paid, without any further formality beyond issuing an invoice for the amount due.

In accordance with Law no. 92/442 of 31 December 1992, invoices are payable immediately.

Where there is more than one client, they will be jointly and severally liable for the payment of costs and fees.

In the event of a dispute concerning the performance or interpretation of this agreement, the parties will refer the dispute to the Bâtonnier of the Draguignan Bar, who will decide as an amiable compositeur, without prejudice to the available legal remedies.

If the dispute concerns the calculation of costs and fees, the statutory fee assessment procedure must be followed. The parties agree in advance that the dispute will be resolved in accordance with the contractual provisions set out above.

The client acknowledges having been informed that their personal insurance policy may include legal expenses cover under which part of the firm’s fees may be reimbursed according to the insurer’s scale. The client is responsible for taking any necessary steps to obtain reimbursement of the corresponding portion of the firm’s fees.

The client acknowledges that the insurer’s scale cannot under any circumstances replace the amount of fees agreed under this agreement. The operation of that cover in the client’s relationship with their insurer cannot in any way restrict the client’s freedom to choose a lawyer.

Article L. 152-1 of the French Consumer Code provides that:

Every consumer has the right to use a consumer mediator free of charge to seek an amicable resolution of a dispute with a professional. To this end, the professional guarantees consumers effective access to a consumer mediation scheme.

The professional may establish its own consumer mediation scheme or offer consumers access to another consumer mediator who meets the requirements of this title.

Where a consumer mediator has jurisdiction over all businesses in the relevant sector of economic activity, the professional must always allow consumers to use that mediator.

A decree of the Conseil d’État specifies how the mediation process is to be implemented.

The mediator’s contact details are: Maître Jérôme Herce, 22 rue de Londres, 75009 Paris, France.

Website: mediateur-consommation-avocat.fr
Email: jerome.herce@yahoo.fr

The client is informed that the firm processes personal data for client administration, billing, matter management and business development. This data is necessary for proper client management and is intended for the firm’s authorised personnel. In accordance with the law, individuals have the right to access, correct and enquire about their personal data and to object to its processing on legitimate grounds.