Terms and conditions

Fees

The fees of ACD AVOCATS are understood to be exclusive of taxes and expenses and are based on normal conditions of execution of the mission, depending on the time spent on the mission, its nature and difficulty, research work, the significance of the interests involved, as well as the benefits and results obtained for the Client (Article 11.2 of the National Internal Regulations of the legal profession).

Lawyer fees are not regulated. The lawyer determines the cost of the services charged to the client.

To determine the lawyer’s fees, several criteria are used: the client’s financial situation, the difficulty of the case, expenses, the lawyer’s reputation, time spent on the case, etc.

A lawyer may be compensated:

• Based on the time spent at an hourly rate that depends, in particular, on the complexity of the case;
• Or according to a fixed fee for simple procedures. The amount of the flat fee is paid as a global and final remuneration.

Operating expenses are added (case opening, phone calls, photocopies, travel, etc.).

The lawyer may sometimes benefit from an additional fee.

First, the additional fee must be provided for in the mandatory agreement that must be signed between you and your lawyer at the beginning of the collaboration.

Next, the additional fee must be determined taking into account the following elements:

• The result obtained from the lawyer’s work
• The service rendered to you by the lawyer
• Your financial situation

Note: Fees set solely based on the result obtained in court are prohibited. This mode of remuneration may only concern an additional fee.

An agreement must be signed between the client and the lawyer at the beginning of the collaboration to establish:

• The amount of the lawyer’s remuneration
• The various anticipated expenses and costs,
  except in cases of urgency or force majeure.

Provisions Applicable to Clients Qualifying as Consumers

Right of Withdrawal

Any Client acting as a “consumer” as defined in the introductory article of the Consumer Code or as a Client meeting the criteria of Article L.221-3 of the same Code will receive a contract (engagement letter) and has a period of 14 days from the acceptance of the mission to exercise their right of withdrawal, without having to justify reasons or pay penalties.

The right of withdrawal can be exercised by any unambiguous written declaration expressing the intention to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the fees already paid will be refunded within 14 days.

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised if the mission of ACD AVOCATS has already been fully executed before the end of the withdrawal period and its execution began after the Client’s express prior agreement and express waiver of their right of withdrawal.

Disputes

Any dispute related to the mission requires the Client and ACD AVOCATS to seriously seek an amicable settlement prior to any legal action.

Any dispute regarding an invoice must be made upon receipt, specifying the contested service, and must be justified; such a dispute cannot justify non-payment of other uncontested services, including those performed concurrently.

In the event of a persistent dispute following a conciliation attempt, the Bar Association’s Bâtonnier geographically competent may be seized by the most diligent party in the manner provided for by Decree No. 91-1197 of November 27, 1991, organizing the legal profession (Articles 174 to 179).

Furthermore, in the event of a dispute arising from this agreement, any client qualifying as a consumer under the Consumer Code, pursuant to Article L 612-1 of the same Code, may refer to the national consumer mediator of the legal profession, namely at the time of signing the engagement letter:

Ms. Carole PASCAREL
Consumer Mediator of the Legal Profession
180 Boulevard Haussmann – 75008 PARIS
mediateur-conso@mediateur-consommation-avocat.fr
www.mediateur-consommation-avocat.fr

The referral to the mediator can only occur after attempting to resolve the dispute seriously and in good faith directly with ACD through a written complaint.