FEES AND COSTS / GENERAL CONDITIONS
with the Judicial Code (Art. 446ter) the lawyer must estimate the fees with the
caution expected of the profession, and that estimate must be fair and
reasonable. According to the rules of the Bar, the lawyer may not advance
costs, such as legal expenses (summons, court registration costs, etc.); this
implies that a retainer will be asked to cover these expenses.
In general, there are 3 methods to calculate the applicable fees:
fee per unit of time: this is an amount per
chargeable (part of an) hour for services provided. The rate depends on the
aspects of the case. The tariff will be decided in the beginning of the professional
relationship and will not be adapted, unless both the lawyer and the client
agree to it. In general and unless another tariff is agreed upon, the hourly
fee is set at 150. For complicated or extremely simple cases the hourly
tariff may be respectively higher or lower.
fee related to the value of
the case, in other
words, charging a percentage of the value of the case expressed in money;
To calculate the value of the case, both the principal
and the interests must be taken into account.
Unless agreed otherwise in writing, the following
percentages apply (with a minimum of 500):
from 0 to 9.000
from 9.001 to 50.000 : 10
from 50.001 to 125.000 : 8 %
from 125.001 to 250.000 : 6 %
above 250,000 : 5 %
This percentage applies to the amount that the client has won or saved.
Here too, corrections or other coefficients may apply.
When the claim is manifestly unfounded, or if the amount claimed is manifestly
excessive, the lawyer doesnt apply the percentage on the clearly excessive
portion of the claim.
The percentage is reduced by half if the claim is undisputed, or if the result
is obtained before a lawsuit is initiated. The plaintiff's lawyer reduces the
percentage by at least half of the rejected portion of the claim, and the
defendant's lawyer reduces the percentage by at least half of the amount of the
claim awarded to the plaintiff.
If the result is obtained in appeal, the fees are increased by 50% for the
fee related to the nature
of the case, i.e. a fixed amount per service or series of services. However, this
method can only be used in some specific cases. If applicable, the amount will
be discussed beforehand.
IMPORTANT NOTICE: If the case is won, the
defendant has to pay a compensation that covers (at least part of) the fees.
The calculation of the compensation depends on the amount due; an example: an
award into 40.000 leads to a basic compensation of 3.000.
Besides fees, there are also expenses. They are charged separately to the
client. Expenses are amounts that the lawyer incurs in carrying out a task
assigned to him on behalf of the client.
Expenses: summons, court expenses, such as court
registration, judgment costs, translation costs, etc. The exact amount is
Other office expenses:
Opening (registration) file: 30
Secretary costs: 10/item (= typed page or mail)
Travel expenses: 0,60/Km
In-house translation: EUR 0,04 /character
The secretarial expenses may also be calculated (at
the discretion of the lawyer) as 8% of the fees; this way of calculating is
mostly used in files that require a lot of typing.
- A Belgian lawyer provides a service to a private person or personal
company liable for VAT in Belgium:
the services are exempt from VAT
- A Belgian lawyer provides a service to a
recipient who is liable for VAT in the EU: the service is located in the state
of the recipient and taxed under the rules and the rate of that State. The
Belgian lawyer is subject to administrative requirements.
- A Belgian lawyer provides a service to a
private individual (or other non-taxable) in the European Union: the service is
located in Belgium,
there is exemption from VAT.
- A Belgian lawyer provides a service to a person
established outside the EU (whether or not subject to VAT): no Community VAT
Unless agreed otherwise beforehand, all fee-notes and
demands for payment of costs and/or expenses are due within 30 days of their
1. Only these general conditions apply to the services provided by Advocate/Attorney
at Law Karel Mul, his employees and appointees (further: The Lawyer). The
appointment of the Lawyer implies the acceptance of these terms and conditions
that are sole applicable.
2. The Lawyer undertakes the
necessary care to the implementation of the tasks entrusted to him and which
fulfillment is an obligation of means.
3. The liability of the Lawyer
is limited to the terms of the General Conditions and the amount is limited to the
cover given by the professional liability insurance of the Antwerp bar, underwritten
at Ethias NV, amounting to 1.250,000 Euros per claim.
A higher coverage
can be obtained at the express request of the client for which the additional
costs will be borne by the client.
4. Unless otherwise are expressly
agreed, the Lawyer is not liable for the services provided by third parties, such
as bailiffs, translators, etc. with whom he works.
5. Unless expressly agreed
otherwise with the client, the fees shall be calculated on the basis of the
information published on the website www.drmul.com.
The method used
for determining the calculation of the fees takes into account the nature of
the case entrusted to the Lawyer and depends of his sole decision. The
acceptation of a success-fee agreement implies that the Lawyer is entitled with
the proceedings until their end and that he may decide autonomously whether to
lodge an appeal against an unfavorable verdict for the client or to accept a
decision that he considers to be fair; if the client decides to put an end to
the cooperation, he/she is obliged to pay all the pays for the assigned task.
The fees are
increased by the costs at the rate published on the website.
6. All amounts due to the
Lawyer are payable in Antwerp. Any amount will automatically, without any
necessity for sending a notice, bear interests at 1 % per month plus a
compensation for non-payment of 10 % with a minimum of 250
7. In case of non-payment of an
invoice or a demand for payment the Lawyer is entitled to suspend or to terminate
his future activities on the file that he was entrusted with without any notice.
8. The legal relationship
between the Lawyer and the client is exclusively submitted to Belgian law and
the Courts of either Antwerp or Ghent at the discretion of the Lawyer, without
prejudice for the Lawyer to initiate legal action before the Courts of the
jurisdiction of the client.