The cost of a lawyer
Fees and expenses
The calculation of the fee
A lawyer determines his own fee, but this must be done fairly and without arbitrariness. He can determine how he calculates his fee, for example by the hour or with a fixed amount.
The lawyer should from the start make clear to the client how fees will be calculated. To avoid misunderstandings and discussions, it is important to put these arrangements in an agreement.
This fee must be reasonable or equitable under the law. This means that it must be fair and justifiable. It takes into account the importance of the case, the type of work, urgency, the lawyer’s experience and the achieved result.
Additional costs
In addition to compensation for his work, the lawyer is also entitled to reimbursement for expenses incurred by him, such as letters, travel expenses and telephone calls. In the event of proceedings, court costs must also be paid, including to the bailiff.
How to settle the payment?
At the beginning of the case and/or during the proceedings, the lawyer may request one or more advances. These advances are included in the final invoice, which is sent within a reasonable time after services are completed.
The lawyer may keep some or all of the third-party funds intended for his client as an advance, fee or reimbursement of expenses, after informing the client in written correspondence.
In addition, lawyers can also work (partially) for free as pro bono for low-income people or for certain groups such as minors.
Legal expenses insurance covers (part of) lawyer’s fees, costs and court costs.
Dispute
The Antwerp Bar offers a mediation procedure for disputes about lawyers’ fees. Upon request, the matter can be submitted to the Fee Chamber for reconciliations and valuations. This procedure is initially free of charge. During the first hearing, the chairman will see whether an amicable solution is possible. If reconciliation or mediation fails, an appraisal committee may be appointed at the request of one of the parties after payment of a fee. Once legal proceedings have been initiated (e.g. if there is a summons for the unpaid invoice), the Bar’s mediation procedure can no longer be used.
More information on the fee room and the valuation committee can be found in Chapter 8 of the Antwerp Bar Codex. You can find the relevant rules here.