Pursuant to the provisions of Article 10 of the law of December 31, 1971 amended by the law of July 10, 1991 which stipulates:
“the prices charged for formalities and procedural instruments is governed by the provisions on civil procedure. The fees of consultancy, assistance, advice, the drafting of private legal instruments and briefs are determined in accordance with the client.
Failing an attorney-client agreement, fees are determined according to practice, in light of the client’s financial situation, the difficulty of the case, the costs incurred by the attorney, his reputation and diligences.
The establishment of fees solely on the basis of results achieved in court is prohibited. Agreements which stipulate, in addition to the remuneration of the services provided, the establishment of an additional fee based on the results obtained or the service rendered, are lawful”.
THEMIS’ prices are based on two essential principles: foreseeability and adaptability.
A certain number of services may be billed on the basis of a flat price, proposed in the framework of a prior estimate of disbursements and fees, which is performed systematically. In this event, the determination of all-inclusive fees relies primarily on the normal time which the mission implies and on its particular nature; the final invoice is established on the basis of the time effectively spent and may therefore vary in the case of additional requests or opinions.
These involve, for example, most company law services (with the exception of complex operations necessitating that invoices be established on the basis of time spent) and the drafting of commercial leases.
Regarding transfers of companies, an all-inclusive fee ranging between 2 and 5% of the price of sale, with a minimum of € 3,000 ex. Tax, determined upstream based on the complexity of the transfer, is generally applied for the drafting of deeds of sale.
When the determination of fees depends solely on time spent, this is done in the form of a fee agreement concluded on the basis of an hourly rate agreed on beforehand with the Client and regular information provided to the Client regarding the time spent on the mission entrusted to Themis. This agreement may contain an additional performance fee generally stipulated as a percentage of the savings made or sums obtained.
This is the case in particular for the negotiation of the renewal of a commercial lease.
In the context of judicial assistance, a fee agreement is prepared stipulating in most cases a fixed all-inclusive fee for the efforts deployed in each instance (the Attorney’s defense, oral arguments at hearings, the drafting of entries and the production of exhibits, meetings with experts, the negotiation of settlements…), excluding all disbursements and court costs, as well as a performance fee.
These isolated consultations (excluding the drafting of instruments or legal assistance), are invoiced at the firm’s hourly rate.
The firm’s fees are subject to VAT calculated at the current rate in force which is 20%. In all events, a preliminary fee agreement will be signed for each mission.