FAQ – Frequently Asked Questions

A solicitor’s fee is the remuneration due to a solicitor for the services they provide to their client. This remuneration can take various forms and is generally set by a fee agreement.

There are several methods of billing solicitors’ fees:

• Hourly rate: The solicitor bills for their services based on the time they have spent on the case.
• Flat fee: A lump sum is set in advance for the entire service.
• Contingency fee: The solicitor is paid based on the achievement of a specific result (rarely used in France due to legal prohibitions).

Hourly rate-based fees are calculated based on the number of hours the solicitor has worked on the case. An hourly rate is presented to the client in advance.

A flat fee is a lump sum agreed in advance with the client for the entire assignment. It offers greater visibility on costs but may be less suitable for complex or long-term cases. Flat fees are more easily used for simple, recurring cases or those where the assignment is very precisely defined.

A contingency fee is remuneration linked to the achievement of a specific result (e.g. obtaining compensation in a dispute or reducing tax penalties). This billing method is possible in France, but it must be used in addition to a time-based or flat-rate fee.

A fee agreement, also known as an engagement letter, is a written contract between the firm and the client that defines the terms of their relationship. This document is essential because it specifies the terms and conditions of the legal services to be provided, in particular: the purpose of the assignment, what services does the solicitor undertake to provide (legal advice, representation in court, etc.)?

• Fees: How will the solicitor’s fees be calculated (time-based, flat rate, etc.)?
• Terms of payment: When and how will the client pay the fees?
• Other rules governing the relationship between the solicitor and the client.

In short, the fee agreement is a genuine contract that clarifies the rights and obligations of each party and avoids any misunderstanding.
It thus ensures:

• Transparency: It allows the client to know in advance the cost of the legal service.
• Legal certainty: It constitutes written proof of the agreement between the solicitor and their client.
• It avoids disputes: By specifying the terms of the assignment, it reduces the risk of future conflicts.

As a client, it is essential that you read and understand your fee agreement before signing it. Do not hesitate to ask your solicitor any questions you may have to ensure that you have a clear understanding of your rights and obligations.

The fee agreement must be signed before the assignment begins.

The fee agreement may be amended during the assignment, subject to the agreement of the parties. Any such amendment must be made in writing.

In addition to the fees, the following costs may be added:

• Disbursements: bailiff’s fees, expert fees, travel expenses, etc.
• Expenses: formalities, advertising, etc.
• VAT: if the solicitor is subject to VAT.

In addition to fees, the following costs may be added:

Disbursements: bailiff’s fees, expert fees, travel expenses, etc.
Expenses: formalities, advertising, etc.
VAT: if the solicitor is subject to VAT.

• Disbursements are mandatory when they are actually incurred. VAT is payable if the lawyer is subject to this tax. The VAT rate may change according to the rate set by the French authorities.
• Expenses are costs incurred on behalf of the client, for example to complete formalities for your company.
• To clarify the management of expenses, the firm requests payment of these expenses by means of a deposit into a special account. The expenses are then paid using this deposit. The balance is then returned to the client at the end of the assignment.

The terms of payment are set out in the fee agreement. They may provide for advance payments, payment in arrears or payment as the assignment progresses.

The accepted methods of payment are bank transfer, which is recommended due to its greater security, but also cheque or direct debit.

Disagreements may arise between a solicitor and their client regarding the amount of fees.
If you disagree with the fee invoice, you have several options:

• Dialogue with the solicitor: As a first step, it is recommended that you try to resolve the dispute amicably by discussing it directly with your solicitor. Often, a simple exchange can clarify the points of disagreement and find a solution that is satisfactory to both parties.
• Referral to the Bar Council: If dialogue fails, you can refer the matter to the Bar Council of Eure or Paris. The Bar Council is responsible for ensuring that solicitors comply with ethical rules. It can therefore be asked to examine your case and attempt to reconcile the parties.

It is important to note that the fee agreement is an essential element in resolving a dispute. This document defines the terms of your contractual relationship with the firm and will serve as the basis for assessing the validity of your claims.

In the event of non-payment of solicitor’s fees within the agreed time frame, our firm has several means at its disposal to recover the sums due:

• Amicable reminder: As a first step, the solicitor will generally send an amicable reminder to the client to remind them of their obligation to pay and invite them to rectify the situation.
• Formal notice: If the amicable reminder is ineffective, the solicitor may send a formal notice to the client, setting a deadline for payment.
• Legal action: If payment is not made following the formal notice, the solicitor may refer the matter to the President of the Bar to recover their fees and have them set.

Non-payment of solicitor’s fees may lead the solicitor to suspend or interrupt the current assignment.
Interest on arrears will be added to the amounts initially due.