Article 1 – Scope
These General Conditions of Service shall apply to any service provided by LexCase Law Firm as represented by its partner, to its clients (hereinafter “the Client”), without prejudice to applicable legislation relating to the legal profession and particularly of the rules of professional ethics and By-Laws of the PARIS, LYON and MARSEILLE Bars.
These General Conditions of Service apply not only to representation of the Client before the Courts, but also to legal advice or legal training courses.
The role entrusted by the Client to LexCase Société d’Avocats may be formalised in Special Conditions of Service. Where there is contradiction between the General Conditions and the Letter of Mission, the Letter of Mission shall prevail.
Article 2 – Legal services
LexCase Société d’Avocats will provide the Client with legal services arising from their instruction described in the Letter of Mission.
LexCase Société d’Avocats is bound by a best-efforts obligation to act for the Client and may not guarantee that the Client’s claim will succeed.
LexCase Société d’Avocats leads the case and will inform the Client if it considers that a question of law or facts that the Client wishes to argue is contrary to the Client’s best interest, the law, or its conscience.
Article 3 – Conflicts
The Client is required to promptly inform LexCase Société d’Avocats of any circumstance that could likely give rise to a conflict of interest.
If a conflict of interest arises which prevents LexCase Société d’Avocats from continuing to act for the Client, LexCase Société d’Avocats will cease acting immediately and will help the Client try to find alternative legal representation.
Article 4 – Fees
According to Article 11 of the Règlement Intérieur National de la profession d’avocats (bylaws of the legal profession), the following elements are assessed for the fee calculation:
- Time spent on the case
- Nature and difficulty of the case
- Importance of the interest at stake
- The impact of fees and costs of the lawyer’s lawfirm
- The reputation, status, experience and specialization of the lawyer
- Gains and result obtained for the Client by the lawyer’s work
- The Client’s financial situation
LexCase Société d’Avocats shall provide the Client with a detailed statement of services supplied (and expenses incurred) with an invoice, in principle, at the end of each month.
We normally charge for our legal services by reference to the time we spend in accordance with hourly rates. These fees can be varied only by written agreement. Alternative fee structures (fixed fees, success fees, etc.) may apply if provided in the Letter of Mission. LexCase Société d’Avocats current standard rates exclusive of French Value added tax are:
- Partner: €300 – €450 per hour
- Associate: €200 – €350 per hour
- Paralegal: €140 – €200 per hour
- Trainee: €70 – €100 per hour
Those rates may be adjusted taking account of such factors as complexity, urgency and the issues involved.
LexCase Société d’Avocats also charges for some support services, identified on article 5 of this document.
In each case the hourly rate shown is exclusive of French Value added tax. These fees are reviewable each calendar year.
In some cases, an initial estimate of legal fees may be provided to the Client taking account of initial information given. The budget may need to evolve as the matter develops, or where new issues are raised by the initial review. The budget is then updated on a step by step basis with the Client’s agreement at each stage. No expenses or fees outside the agreed budget would be incurred without the client’s prior agreement except where necessary to preserve the Client’s legal rights or interests.
Certain types of standard work can be charged on a fixed fee basis.
Fees may be deducted from the amount of any damages or compensation paid to the Client by third parties. For that purpose, the Client expressly authorizes LexCase Société d’Avocats to deduct the fee amount from any sums held at the CARPA [The Bar Client Account].
The Client agrees it shall not receive directly any amount of damages or compensation including LexCase Société d’Avocats’s fees.
Article 5 – External services
In addition to the fees, expenses for the following external services (‘disbursement’) may be invoiced to the Client:
- Courier deliveries and telephone to a reasonable extent
- Fees of law firms in other jurisdictions
- Travelling and accommodation expenses
- ‘Extrait Kbis’ extracts, research of legal documents on web site on the company register (‘Infogreffe’) and other searches
- Government fees and charges (including court fees and charges)
- In case of emergency, overtime night secretarial and administrative tasks such as typing and filing will be invoiced to the Client on a cost basis.
- Fees of experts, law professors or external contractors, when needed
- Bailiff fees.
Those expenses shall be invoiced on the basis of actual cost as shown on the relevant accounting documents.
Where travel is by car, LexCase Société d’Avocats shall charge a per-kilometre compensation based on statutory fiscal rates.
Article 6 – Value Added Tax
Please note that the total amount of LexCase Société d’Avocats’ fees is subject to Value Added Tax at the rate in force in France at the time of delivery of the invoice, except for foreign clients or those established within the European Union and who have provided their national VAT number.
Article 7 – Payment
LexCase Société d’Avocats invoices the Client for the work carried out.
The Client undertakes to make payment upon receipt of all invoices for fees and expenses submitted by LexCase Société d’Avocats, including invoices for sums requested on account of expenses and fees.
The invoice is payable upon receipt, under the conditions laid down in the invoice.
Current legislation requires LexCase Société d’Avocats to charge liquidated damages for late payment. It is agreed that for any delay in payment, interest amounting the legal rate according to article L.441-6 and D.441-5 of the Commercial Code: ECB refi rate +10, shall be due from the day after the end of the month in which the fee invoice was due.
The Client may, within one (1) year upon receipt of the invoice, dispute it by registered mail with notice of receipt. In the absence of dispute in time and in due form, the Client will be deemed to have accepted the amount invoiced.
Article 8 – Client’s Trademarks, Brands and logos
The Client authorizes LexCase Société d’Avocats to use his/her Trademarks Brands and distinctive signs where necessary for the exclusive purpose of performing its services, particularly in preparation of draft documents.
Article 9 – Communication
The Client shall provide the most comprehensive information possible to LexCase Société d’Avocats to enable the latter to perform the firm’s role effectively. This also assumes a close cooperation between the parties. LexCase Société d’Avocats undertakes to keep the Client informed of any new development in the performance of the role entrusted to it, and of which the Client may not be aware. Likewise, the Client undertakes to keep LexCase Société d’Avocats informed of any occurrence or information that may impact its mission.
Except where the Client has officially instructed LexCase Société d’Avocats to the contrary, the latter may communicate with the Client via Internet, to the email address provided by the Client including all correspondence, notices and documents of any kind.
By providing his/her email address, the Client agrees to receive information and legal news updates prepared by LexCase Société d’Avocats or communicated by the latter, for information purposes.
Article 10 – Professional secrecy
The role performed by LexCase Société d’Avocats is subject to the lawyers’ absolute professional secrecy under French law in accordance with legislation and professional rules applicable to Avocat à la Cour registered with the French Bar.
In the absence of instructions to the contrary, the Client authorizes LexCase Société d’Avocats to quote the former’s name as a reference, without disclosing, however, the nature of the roles entrusted to him/her.
Article 11 – Official inquiries
LexCase Société d’Avocats may be required in the future to participate in an inquiry, commission or proceeding arising out of its engagement on this matter. This may for example, involve LexCase Société d’Avocats producing documents, seeking to claim, defending the Client privilege to resist inspection, disclosing certain documents or giving evidence at an inquiry.
LexCase Société d’Avocats will seek the Client instructions when possible as these circumstances arise, but the Client agrees to reimburse the firm for its out-of-pocket expenses and for the time spent at the hourly rates defined.
Article 12 – Personal Data
LexCase Société d’Avocats processes personal data, legally based on:
- The legitimate interest pursued by LexCase Société d’Avocats for the purpose of:
- Business development;
- Relationship management with the Client and leads;
- Organization, subscription and invitation to LexCase Société d’Avocats events
- Carrying out steps prior to entering into the contract, or steps provided for in the Letter of Mission, for the purpose of:
- The Client’s file management
- Recovery of unpaid sums
- Compliance with legal and regulatory obligations for the purpose of:
- The prevention of money laundering, terrorism financing, and the fight against corruption
LexCase Société d’Avocats only keeps personal data for the duration necessary to achieve the purpose of their collection, and in compliance with regulations.
Personal data are kept for 3 years after the end of the contractual relationship for the purpose of business development, without prejudice to retention obligations or limitation periods. Personal data are kept for 5 years after the end of the contractual relationship for the purpose of prevention of money laundering and terrorism financing. For the purpose of accounting, it is kept for 10 years after the closure of the financial year.
Personal data are used by authorized persons among LexCase Société d’Avocats.
Under the conditions set forth by the French Data Protection Act and the European General Data Protection Regulation, the Client, when he/she is a natural person, has a right to access, rectification, query, limitation, portability and deletion of information that concerns him/her.
The Client also has a right to object, at any time and on any ground relating to his/her particular situation, to the processing of data relating to him/her for the purpose of LexCase Société d’Avocats’ legitimate interest and business development.
The Client also has a right to set forth general and specific guidelines determining how he/she wants the above-mentioned rights to be exercised after his/her death, by email to email@example.com or by mail to LexCase Société d’Avocats 17 rue de la Paix, 75002 Paris, along with a copy of a signed identity document.
The Client has a right to submit a complaint to the Commission Nationale Informatique et Libertés (CNIL), the French supervisory authority.
Article 13 – End of the agreement
Either the Client or LexCase Société d’Avocats may terminate this agreement at any time.
If either of the parties terminates this agreement then the Client will be liable and obliged to pay LexCase Société d’Avocats for all work done, and all charges for support services incurred, including work properly done and charge properly incurred after the date of termination.
Unless otherwise provided for by the Letter of Mission, if fixed fees and/or success fees were provided for, such fees are owed by the Client if the termination date was close to the outcome of the mission or proceedings and if the work performed by LexCase Société d’Avocats led to the achievement of the desired end.
The files remain the property and of LexCase Société d’Avocats which is not obliged to release them.
Article 14 – Limitation of liability
Where the Client suffers loss or damage as a result of conduct by LexCase Société d’Avocats constituting negligence, breach of contract, or otherwise giving rise to a liability on LexCase’s part, then (to the extent that the law allows effect to be given to a contractual provision for the limitation of damages or compensation):
- LexCase Société d’Avocats shall not be liable for any damage or compensation to the extent that the Client’s loss or damage is caused or contributed to by the Client or others;
- The damage or compensation recoverable by the Client shall not exceed the amount of the sum insured for the purposes of the compulsory professional indemnity insurance required by the Bar Rules (€4.5 M); and
According to section 2254 of the French Civil Code, parties agrees that the liability of LexCase Société d’Avocats is subject to a prescription of 1 year starting at the end of the mission.
Article 15 – Disputes
These Conditions of Services shall be subject to, governed by and construed in accordance with French law and the Bar rules. All disputes arising from or under or in connection with these Conditions of Service shall be subject to the exclusive jurisdiction of the French courts and/or the Bar arbitration Court.
Before seizing a Court, a Party must try to solve the dispute with the other Party by sending a complaint in writing.
Where there is any disagreement between LexCase Société d’Avocats concerning the conduct of a case or the interpretation or implementation of this agreement, either party may terminate the agreement under the supervision of the ‘Bâtonnier’ [President of the relevant French bar] and put an end to any work in progress. Termination shall be without prejudice to the expenses and fees that may be due for work done by LexCase Société d’Avocats until the dispute arose.
Where there remains a dispute concerning the amount of fees due, the amount shall be decided by arbitration of the ‘Bâtonnier’, and, where appropriate, any sums deposited at CARPA shall be held in that account until taxation procedures have been completed.
Article 16 – Mediation (when the Client is a consumer)
If the Client is a consumer within the meaning of the French Consumer Code, he/she is informed that, according to article L.612-1 of the French Consumer Code, he/she may use the following mediator, when a dispute arises from the performance of the present General Conditions of Service or of the Letter of Mission :
Madame Carole Pascarel
Address: 180 Boulevard Haussmann, 75008 Paris
The Client may only address the mediator after he/she tried beforehand to solve the dispute directly with LexCase Société d’Avocats by sending them a written complaint.
I acknowledge receipt of these terms and conditions and agree to be bound by them.