Fees must be
equitable and justified. In the absence of a legal or lawful criteria, fees
are based on the following parameters:
1° - the reputation and seniority of the Law firm,
2° - nature and complexity in law and of the business,
3° - the time devoted to the study and the preparation of the case,
4° - qualitative importance of the assignment and research task,
5° - the economic and social situation, as well as the resources of the
6° - Expenses within the framework of the management of the Law firm,
7° - The result obtained or service rendered.
Fees are frequently agreed upon with
the Client before the realisation of the services. Practice
requires that an instalment of fees be deposited before the first steps or
Considering the need to take into account the seven criteria listed above,
the existence of an indicative fee scale is impossible. In fact, such a scale
is prohibited by the rules governing competition. In the same way, the pact
of "quota litis", by which the Lawyer and the Client agree that the Lawyer
will be remunerated exclusively according to the result, is prohibited.
The law however allows "a convention which, in addition to the remuneration
of the services rendered, envisages the fixing of a complementary fee
according to the results obtained or service rendered ". Invoicing fees on
result have become common practice in business law and labour law.
Concerning advisory services, drafting of acts and in a more general sense,
all other non-litigious activities of a Lawyer, it is generally considered
that the fees are fixed upon specific criterion which are the same as those
which are used legal counsel services.
Nevertheless, practice reveals that legal activities are remunerated in two
manners, either according to the time spent on matters studied and the acts
drafted, or by the consultant, or according to a fixed price corresponding
to the type of services and the importance of the interests involved (for
example, in a case of transfer of goodwill).