Attorney’s fees are calculated in proportion to the difficulty of the case, economic stakes and can consist of a lump sum or an hourly fee.
Hourly fees are calculated based on time spent, excluding tax, costs and disbursements, varying in accordance with the degree of technical complexity. A foreseeable price range of the final fees amount is indicated in the quotation. It is also possible to cap the fees to a specified maximum.
Invoices include the detail of diligences (meetings and interviews, analysis of the case, legal research, drafting of legal documents, hearings in court, etc.).
This type of fees is the most adapted to litigations.
Lump sum fees can be agreed upon for contained legal advise or when the services are foreseeable from the beginning such as contract drafting.
It is also possible to agree upon contingency fees based on success in litigation and granting of damages, or in case of success in a prelitigation. In France, contingency fees cannot represent the totality of the fees agreed upon. This type of fee helps to offer preferential hourly fees or lump sum fees.
Costs and disbursements (bailiff diligence, INPI or EUIPO fees, mailing costs, fixed costs, revenue stamps, pleading fees) are billed back to the clients on presentation of receipt each time it is possible.
A retaining fee can be applicable in certain circumstances.
In case of a success in a litigation, it is possible to request reimbursement of attorney’s fees, costs and disbursements by the opponent. However, US clients should be aware that French courts are not as generous as US courts in this regard and that there are no statutory damages or treble damages in France.
Attorney’s fees are subject to VAT at a rate of 20% that applies only to EU clients.
Jérémie Leroy-Ringuet is member of a certified management association.