fees uk

Calculation of fees and expenses relating to the intervention of PERSPICERE
(January 1, 2014)

The key criteria of the financial conditions under which the mission entrusted to the lawyer of the PERSPICERE Association will take place are the following :

  1. Within the context of the mandate, the lawyer can have himself be replaced, either in whole or in part, for the provision of the services and with respect for the defence of the client’s interests, by one of his associates or co-workers whether internal or external.
  2. His intervention will be exercised under an obligation of means and duty of care. This can only be realised in an atmosphere of real collaboration and insofar as the client will communicate all necessary information to the lawyer in a timely fashion in the defence of his own best interests.
  3. His intervention implies compliance with the laws to which the legal profession is subject as well as with the rules and recommendations of the French Order of Lawyers at the Brussels Bar to which the lawyer belongs.
  4. The funds the lawyer may have to use for third parties will be deposited into his third party account opened with ING Bank under the number provided to the client upon simple request and subject to the Order’s control.
  5. All expenses, costs and honorary remunerations are in principle payable as follows:
    1. expenses
      • legal costs
      • external costs (translations, transport costs, expert’s assessment, …) as invoiced to the firm
    2. costs:
– Opening and closing of files 125 €
– Administrative Overhead Expenses – correspondence 10 € / page
– Conventions, findings, legal proceedings… 12€ / page
– Photocopies and printing of files received 0.25 € / page
– Travel expenses / km (outside of the Brussels-Capital Region) 0.50 € / km

The client commits himself to reimburse the expenses upon simple request. A specific commission may be requested from the client for significant costs. If possible, the client is asked to bear the costs directly himself.

      • Honorary remunerations:

The honorary remunerations are calculated according to the usual rules and in particular in function of the nature of the case, the importance of the duties performed, time spent, the degree of urgency and the obtained results.

The hourly rate will be set together with the client, in accordance with the usual rules of the Order.

 

In case of success or in case significant benefits have been procured for the client, an additional success fee could be charged in accordance with normal practices.

If these benefits can be evaluated in pecuniary terms, the success fee will be set at a decreasing rate :

– up to 100.000 € 8%
– from 100.000 € up to 300.000 € 7%
– from 300.000 € up to 600.000 € 6%
– from 600.000 € up to 1.500.000 € 4%
– beyond de 1.500.000 € 3%

Are taken into account in abovementioned calculation:

      • The interests due on the amounts
      • The amounts renounced by the opposing party following the argumentation developed by PERSPICERE
      • The amounts claimed by the opposing party which have been rejected
      • The amounts to which the opposing party has been condemned to in principal claim or client’s counterclaim

The success fee as defined above will be halved, without dropping below the honorary remuneration set in function of the hourly rate which constitutes a minimum, if the payment takes place, outside of any preceeding negotiations, after a formal notice of default has been sent or on summons before the initial hearing, as well as for the part of the debt which has been granted by court decision but hasn’t been recovered.

      • Statement honorary remunerations and payments :

Payment of provisions covering ongoing or future expenses, costs and honorary remunerations are to be paid for on simple request. The client accepts that the honorary remunerations will be deducted from the sums which have been temporarily deposited on the third party account of the lawyer. Payments of all expenses, costs and honorary remunerations are to be made from the moment of reception of the final statement and at the latest within 30 days of reception.

In case of default and with formal notice of default, the statement will be increased by additional costs necessary for its recuperation as well as by late payment interests at the legal interest rate.

We will attempt to conciliate any dispute. In case no conciliation is possible, all disputes will be settled in accordance with the rules of the French Order of Lawyers at the Brussels Bar.

This agreement for an indefinite period is applicable, unless otherwise stated in writing, to the file that will be entrusted to PERSPICERE as well as to all files the client might entrust PERSPICERE with in the future.

The civil liability of PERSPICERE is limited to an amount covered by the liability insurance policy as subscribed to by PERSPICERE. This coverage is to the amount of 10.000.000 €, which at present is being specified for information only and not contractual.

      • Anticipated end of the mission

All parties have the right to end the lawyer’s mission at any time, without having to state any reason. The honorary remunerations, costs and expenses of PERSPICERE are owed by the client for services rendered until the day the mission ends.

The amount stated above will be increased by VAT of 21% to be dated from January 1, 2014.