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What Is Legal Costs in French

In the course of the action, these costs may relate to the procedural costs paid to judicial officials or judicial officials, the fees paid to the State and the consultation fees. Thus, any person of French nationality and any national of the Member States of the European Union, as well as non-profit legal persons who wish to assert their legal rights but do not have sufficient resources, can apply for legal aid. In addition, in exceptional circumstances, regardless of the applicant`s situation, legal aid (applicant/defendant, victim/accused) may be waived in the proceedings if his or her situation is of particular interest in relation to the subject matter of the dispute or the foreseeable costs of the proceedings. In civil matters, any judgment or decision terminating an action must decide on the costs incurred in the course of the proceedings. Prices are exclusive of taxes. The applicable VAT rate is still 19.6%, with the exception of services for legal aid recipients (5.5%). However, the Framework and Planning Act of 9 September 2002 improved the conditions of access to justice for victims of the most serious crimes, namely intentional attacks on life or personal integrity (offences defined and punished in articles 221-1 to 221-5, 222-1 to 222-6, 222-8, 222-10, 222-14 (1° and 2°), 222-23-222-26). 421-1 (1°) and 421-3 (1° to 4°) of the Penal Code) and their relatives, so that they can bring a civil action for damages resulting from an assault against the person. In order to benefit from legal aid, victims and their relatives are exempted from proving their funds. This provision applies in particular to victims of rape or physical violence of a minor under the age of 15 or to particularly vulnerable persons who result in death or permanent disability.

Similarly, aliens who habitually and legally reside in France are entitled to legal aid in civil matters. This condition of legal residence is not required in criminal matters. In addition, service will not be refused to minors regardless of the type of procedure (civil, administrative or criminal). As a general rule, the status (e.B victim or accused) of the party to the proceedings is not taken into account. There is no difference in how victims, defendants, plaintiffs or defendants are treated in criminal or civil proceedings when deciding whether or not to grant legal aid. French lawyers are free to determine the amount of fees they charge for their services and they are not legally required to limit or limit the amount of their fees. Fixed court fees for litigants in civil proceedings After the proceedings, they may relate to the costs of enforcing the judgment. In civil cases, there are costs that are legally essential to bringing a lawsuit, and their amount has been determined either by law or by court order.

These fees are called costs. A party may also order the opponent to bear all or part of the costs incurred and not included in the costs. These include, for example, legal fees, costs for the test server report, and travel expenses. In such a case, the court may order the party liable to pay the costs or, failing that, the unsuccessful party to pay the other party an amount determined by the court to cover the costs incurred and not included in the costs. The court shall take into account the principles of equity and the financial situation of the party ordered to pay. The Tribunal may of its own motion find that such an order is not based on the same considerations. In addition, lawyers are also entitled to reimbursement of costs and expenses incurred on behalf of a client (stamp and registration duties, postage, fees and expenses payable to third parties, such as experts, bailiffs, travel expenses, etc.). As a general rule, the costs (fixed costs – see above) are borne by the unsuccessful party. However, in a reasoned judgment, the court may order the other party to bear all or part of those costs. The stage at which fixed costs must be borne in civil proceedings However, it is important to recall the general rule applicable to both the plaintiff and the defendant in the main proceedings, according to which legal aid is not granted if the costs covered by that benefit are covered by legal expenses insurance or an equivalent protection scheme.

These include, for example, before the opening of the procedure, the costs of advice to legal advisers, technical specialists and travel expenses. The credits taken into account are the average monthly income of the applicant in the last calendar year and, if applicable, those of persons who ordinarily live in the applicant`s home. In the latter case, the eligibility limits for the benefit are increased by adjustments for dependents. In this section, you will find an overview of the procedural fees applicable to the France. For a more in-depth analysis of the costs of the procedure, please see the following case studies: Family Law – Divorce Family Law – Child Custody Family Law – Commercial Law Interview – Commercial Contract Law – Liability Some lawyers accept payment of a lump sum for certain services (e.B. preparation of a contract or other legal documents). In most cases, a fixed fee can be agreed if a lawyer is able to predict the time it will take to provide the requested services. French report on the study on cost transparency (1312 KB) As a general rule, there is no specific condition for the grant of legal aid to the defendants in the main proceedings. However, if these defendants bring any form of appeal (appeal, application for annulment of a judgment or appeal for annulment of a statute (cassation)), the situation of the defendants in the appeal/application improves if they have already had recourse to legal aid. In fact, these people automatically retain the right to legal aid to defend themselves. Civil litigation costs include all amounts paid or due by the parties before or in the course of an action. The provision of legal services in France is subject to VAT, which is applied to lawyers.

Thus, if a fixed fee has been agreed, for example, for the preparation of a legal document, additional fees may have to be agreed with the lawyer for the negotiation of the document, as it is often impossible to assess the simplicity or complexity of a negotiation. On the other hand, the fees of experts not appointed by the court are freely agreed between the expert and the client and are not included in the costs. A party may bring before the court of the unsuccessful party or, failing that, of the party ordered to pay the costs, an amount intended to cover the costs thus incurred. The court shall decide taking into account the principles of equity and financial situation of the party ordered to pay. Legal aid may be granted in whole or in part, depending on the applicant`s resources. The revenue ceilings for the granting of legal aid are updated annually by the Finance Act. For the year 2009, the average monthly income earned for a single person in 2008 must be as follows: you must submit your application to the competent Bar Staff (by registered letter with acknowledgment of receipt). The application of an hourly rate (i.e. billing based on time spent) is the most common pricing method used by French lawyers. It is a matter of professional conduct for court officials to provide their clients with information about the rights and obligations of the parties.

In Small Claims and Summary Criminal Court and District Court, parties are not required to appoint a lawyer. If the value of the action is less than EUR 4 000, these courts may be seised under a simplified procedure which makes it superfluous for the parties to use a procedure server designated by the court.