Legal notices – Insurance – Fees – Claims

PHILIPPOT AVOCATS

Philippot Avocats is a Société d’exercice libéral par actions simplifiée with capital of €50,000, registered with the Strasbourg Bar. It has a secondary office in Mulhouse. It is not an inter-bar association.

Head office: 87 avenue des Vosges, 67000 Strasbourg, France

Phone: +33 (0)3 67 70 03 90

Siret : 83236037400033

Intracommunity VAT number: FR46832360374

E-mail address: o.philippot@philippotavocats.fr

Maître Olivier PHILIPPOT, Lawyer admitted to the Strasbourg Bar

Declaration of activity registered under number 44670689667 with the prefect of the GRAND EST region

Professional practice :

Practice within the framework of a Société d’exercice libéral à associé unique (single-member law firm)

Website publisher :

Philippot Avocats, Société d’exercice libéral par actions simplifiée with capital of €50,000, registered with the Strasbourg Bar Association

Head office: 87 avenue des Vosges, 67000 Strasbourg, France
Director of publication : Olivier Philippot
Managing editor : Olivier Philippot

Host:

OVH
SAS with capital of €10,069,020
RCS Lille Métropole 424 761 419 00045
APE Code: 2620Z
VAT NUMBER: FR 22 424 761 419
Head office: 2 rue Kellermann – 59100 Roubaix – France

Professional liability insurance

SELAS PHILIPPOT AVOCATS, 87 Avenue des Vosges, 67000 STRASBOURG, FRANCE is covered against the pecuniary consequences of any civil liability it may incur as a result of mistakes, errors or omissions committed in the exercise of its professional activity as a lawyer, including that of training, arbitration and mediation under policy no. 120.137.417 taken out with MMA IARD by the STRASBOURG Bar Association, up to a limit of €4,000,000 per insured party and per claim. It is further specified that coverage applies worldwide, provided that the Insured, who carries out his or her activities either occasionally or within a permanent establishment or secondary office, carries them out as a member of the bar. However, activities carried out in a permanent establishment located in the United States of America or Canada are excluded.

Fees

Fees are remuneration for the lawyer’s work.
They are determined by law.
Fees are set by mutual agreement between the lawyer and the client, in the form of a written agreement. In the event of difficulty, the client may appeal to the Bâtonnier to contest the fees. They may also have recourse to a consumer mediator.
The fee agreement will include details of the various costs and disbursements envisaged.
Fees are assessed on the basis of a number of factors: the lawyer’s reputation, experience and specialization, the nature and difficulty of the case, the extent of the work carried out, the results obtained and the services rendered, the firm’s operating costs, the importance of the dispute, the speed of the intervention and the client’s financial situation.

Lawyers must set their fees taking into account their overheads, which include the rental or acquisition of professional premises and their upkeep, equipment, fixtures and fittings, office equipment and furniture, staff costs, remuneration of associate lawyers, personal social security charges : old-age insurance, compulsory health insurance, family allowances, computer equipment, office supplies, postage, telephone, fax, legal documentation and professional training, motor vehicle expenses, professional dues and all taxes (business tax, payroll tax …. ). These overheads make up a major part (which varies from firm to firm) of the fee invoiced by the lawyer to his client.

Fees are payable in successive instalments, the instalment constituting an advance on the fee and being compulsory prior to the performance of any due diligence.

There is no scale of lawyers’ fees, even indicative, because the law does not provide for one, and case law currently considers that a scale would be contrary to the free play of competition.
On the other hand, each lawyer can provide you with his or her own fee schedule.Fees can be calculated according to several methods:

1) Fees based on time spent:

Lawyers at the Strasbourg Bar inform their clients of the hourly rate they propose to apply if they choose the time-based method.
They indicate to their clients the amount of time likely to be spent studying and handling the case.
These rates may vary within the same firm, depending on the cases handled. Time spent represents all the work carried out by a lawyer (written or verbal consultations, drafting of legal documents, research into legal doctrine and case law, intellectual reflection, study of exhibits, conclusions, drafting of briefs, written pleadings, telephone appointments, assistance with investigative measures, confrontations, investigations, on-site visits, preparation of pleadings, follow-up on pre-trial proceedings, management of postal mail, mail from the Palais, travel, etc.).

2) Fixed fee:

The lawyer and his client agree on a fixed and definitive fee, applying to diligences defined as precisely as possible.

3) Fees based on results:

The lawyer may be remunerated according to the result obtained under certain conditions: a fee agreement must be drawn up and expressly provide for the result fee; the result fee must necessarily come in addition to a basic fee; the lawyer cannot, in fact, set his fees solely according to the result obtained.

4) Subscription :

This is a flat-rate monthly fee received by the lawyer in return for regular services predefined in a prior agreement.

5) Advance notice of fees:

Lawyers are required to inform their clients in advance of the conditions under which their fees will be set and how they will be determined.
In particular, the lawyer must inform his client of the most commonly applied rates in the firm, including the hourly rate; of the possibility of obtaining a preliminary estimate, where this is possible; of the VAT rate applicable to each case; of the cost of the possible intervention of a corresponding lawyer or any other professional; of the conditions of access to legal aid or legal protection insurance.

Fee disputes and assessments are submitted to the President of the Bar Association to which the lawyer concerned belongs.In court cases, lawyers’ fees may, under certain conditions, be compensated by the judge through the award of an indemnity (for example, in civil cases, in accordance with the provisions of article 700 of the Code of Civil Procedure), People who cannot afford a lawyer may, under certain conditions (find out more…), be appointed a legal aid lawyer by the President of the Bar. The lawyer’s fees are then paid by the State. Lastly, lawyers’ fees may sometimes be covered by a legal expenses insurance policy.

Claims

In accordance with the provisions of the decree of November 27, 1991, any difficulty relating to the performance of the firm’s services will be submitted to the jurisdiction of the President of the Strasbourg Bar Association (Bâtonnier de l’Ordre des Avocats du Barreau de Strasbourg). If you have any complaints about our services or fees, you can also send us an e-mail to the following address: support@philippotavocats.fr. The subject of your e-mail should include the word “Complaint”. Your complaint will be recorded and responded to within one week, after which it will be analyzed by our departments.