A mediator has just been appointed for disputes also between Lawyer and Client. This is Mr. Jérôme Hercé, former President of the Bar of Rouen, consumer mediator for the legal profession. He can be contacted:
• By post to the address: Mediator of consumption of the legal profession, 22 Rue de Londres, 75009 Paris
• By email to the address: email@example.com.
(L. art. 10; D. July 12, 2005, arts. 10, 11 and 12; D. Nov. 27, 1991, art. 174 et seq.)
– Determination of fees
In the absence of an agreement between the lawyer and his client, the fees are set according to custom, depending on the financial situation of the client, the difficulty of the case, the costs incurred by the lawyer, the notoriety and due diligence thereof. The lawyer in charge of a file may request fees from his client even if the file is withdrawn from him before its conclusion, to the extent of the work accomplished.
– Customer information
The lawyer informs his client, as soon as he is referred, then on a regular basis, of the methods for determining the fees and the foreseeable evolution of their amount. The lawyer’s hourly rate is 150 euros excluding VAT. Where applicable, this information is included in the fee agreement. Unless the lawyer intervenes urgently before a court, such an agreement is mandatory when the lawyer is remunerated, in whole or in part, under a legal protection insurance contract.
– Remuneration elements
The lawyer’s remuneration depends, in particular, on each of the following elements in accordance with practice:
• the time devoted to the case,
•the nature and difficulty of the case,
• the importance of the interests involved,
• the impact of the fees and charges of the firm to which he belongs,
• his notoriety, his titles, his seniority, his experience and the specialisation he holds,
• the advantages and the result obtained for the benefit of the client by his work, as well as the service rendered to him,
•the client’s financial situation.
– Fee determination methods
Authorised methods: Fixed fees can be agreed. The lawyer may receive fees from a client on a periodic basis, including in the form of a lump sum.
Prohibited modes: It is forbidden for the lawyer to fix his fees by a litis quota pact. The quota litis pact is an agreement entered into between the lawyer and his client before a final judicial decision, which exclusively sets all of his fees according to the legal outcome of the case, whether these fees consist of a sum of money or any other property or value.
The lawyer may collect fees only from his client or from an agent thereof.
Compensation for business referrals is prohibited.
– Provisions on costs and fees
The lawyer who accepts responsibility for a file may ask his client for the prior payment of a provision to be credited against his costs and fees.
This provision may not go beyond a reasonable estimate of the fees and probable disbursements resulting from the case.
In the absence of payment of the provision requested, the lawyer may renounce dealing with the case or withdraw from it under the conditions provided for in article 13 of the decree of July 12, 2005. He provides his client with any information necessary for this purpose. In the event of a dispute, the Client may refer to a mediator currently being appointed by the Conseil National des Barreaux.