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FEES AND COSTS / GENERAL CONDITIONS

 

In accordance 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.


FEES:


In general, there are 3 methods to calculate the applicable fees:

 

1.   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.

 

2.   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 €     15 %

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 doesn’t 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 appeal.

 

3.   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.

 

 

EXPENSES


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 charged.

 

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.

 

VAT:

 

- 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 applies.

FEE-NOTES:

        

Unless agreed otherwise beforehand, all fee-notes and demands for payment of costs and/or expenses are due within 30 days of their issuing.

 

 

GENERAL CONDITIONS

 

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.

 
 
 

 

 
ANTWERP OFFICE: Jan van Rijswijcklaan,194A b. 6, B-2020 ANTWERP, BELGIUM tel + 32 3 237 34 26 fax + 32 3 237 07 44 GHENT OFFICE: Kloosterstraat, 7 B-9080 BEERVELDE-LOCHRISTI tel + 32 475 26 66 64 fax +32 9 296 11 77 INFO@DRMUL.COM


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