Our Fees: the Transparency of a Fixed Fee

The cost of proceedings is the first concern of anyone consulting a lawyer. The firm of Bastien FAVARD has opted for clarity: fees are set on a fixed basis and agreed in writing before any work is undertaken, so that you know from the outset the cost of defending your interests.

Unlike hourly billing, which leaves the client uncertain until the case is over, a fixed fee sets an overall amount for a defined assignment: a consultation, the drafting of a deed or contract, the conduct of a negotiation, proceedings before the labour court, the judicial court, the criminal court or the Court of Appeal.

The fixed fee is determined at the first meeting, on the basis of the documents and explanations provided, according to the nature of the case, the court seized, the complexity of the file and the urgency. It covers all the work involved in the agreed assignment: study of the file, drafting of pleadings and submissions, exchanges with the client and the opposing party, hearings. A new phase of the proceedings (appeal, enforcement of the decision) gives rise to a new fixed fee, agreed in the same way.

In accordance with Article 10 of the Law of 31 December 1971, a written fee agreement is entered into with each client before the assignment begins. It sets out the assignment entrusted, the amount of the fixed fee, the payment terms and, where applicable, the success fee. This document protects the client as much as the lawyer and avoids any subsequent dispute.

Depending on the case, in particular where the proceedings seek the recovery of a sum of money (dismissal compensation, damages, compensation for a loss), an additional success fee may be agreed. It is payable only in the event of success and is added to the fixed fee, since French law prohibits a lawyer from being paid solely on the basis of the result obtained. Its rate and basis are set out in the fee agreement.

The first meeting allows you to set out your situation, to have the documents you bring analysed and to obtain an initial opinion on the prospects of success and the strategy to adopt. If you decide to entrust your case to the firm, it gives rise to a fixed fee proposal. It is useful to gather before this meeting all the documents relating to your case (contracts, letters, summonses, decisions, reports).

Many insurance policies (home, motor, bank card, business) include legal protection cover which, within the limits of the policy, pays the lawyer’s fees and the costs of proceedings. In all cases you remain free to choose your own lawyer. The firm helps you check whether such cover exists and how to activate it.

Persons whose resources are below the statutory thresholds may apply for legal aid; the firm will inform you of the conditions and the steps to be taken.

The fixed fee covers the lawyer’s fees. It does not include costs incurred with third parties for the purposes of the proceedings, such as bailiff’s costs (service, enforcement), expert fees, the pleading duty or translation costs, which are re-invoiced at cost against supporting documents. These costs are announced before being incurred.

To obtain a fee proposal tailored to your situation, contact the firm on +33 6 76 26 76 08 or by email at favard.avocat@gmail.com. The firm receives clients by appointment at 320 rue Emilien Gautier, Aix-en-Provence (Les Milles).