“Article 10 of the Law no. 71-1130 of 31 December 1971 stipulates that, in assessing fees, account is to be taken “according to custom, of the client’s financial situation, the difficulty of the case, the costs incurred by the lawyer, the lawyer’s reputation and the lawyer’s diligence”.
Since Law no. 2015-990, a fee agreement must be concluded. This fee agreement stipulates, between the lawyer and his client, the terms, and conditions for setting the fee.
The fee may be determined in advance based on a lump sum. This is the case when the nature of the case, the duration of the proceedings, the number of hearings, preparatory meetings and documents to be drawn up are all determinable.
When the proceedings are complex and it is not possible to determine in advance with any certainty the steps required to deal with them, it is proposed that the fees be set as the work is carried out, on the basis of various criteria, including an hourly rate that varies according to the difficulty of the proceedings and the client’s financial situation.
In addition to this fixed fee, some cases require the lawyer to be paid a success fee which is fixed by mutual agreement on the basis of a percentage of the final result obtained for the benefit of the client”.