Kube Owners/ Proprietaires

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Kube Owners/ Proprietaires

Kube Action Group


    LAWYER/ AVOCAT - Costs/ frais - FAUCHON/ LEVY

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    Posts : 6
    Join date : 2010-02-11

    LAWYER/ AVOCAT - Costs/ frais - FAUCHON/ LEVY Empty LAWYER/ AVOCAT - Costs/ frais - FAUCHON/ LEVY

    Post  Admin Fri Feb 19, 2010 4:01 pm

    Monique Fauchon
    AVOCAT A LA COUR- REGISTERED EUROPEAN LAWYER

    Michel Levy
    AVOCAT A LA COUR- REGISTERED EUROPEAN LAWYER
    ANCIEN SECRETAIRE A LA CONFERENCE DES AVOCATS
    AUX CONSEILS ET DE LA CONFERENCE DES AVOCATS A LA
    COUR D’APPEL DE PARIS
    E.S.C.P.- I.E.P.P.

    57 avenue Franklin Roosevelt
    75008 Paris
    France
    Tel. +33 (0) 1 53 53 47 53
    Fax. +33 (0) 1 42 89 51 92

    Charges and expenses

    Our charges are based on the time that my colleagues and I spend dealing with a case. This may include time spent in meetings with you and perhaps others, travelling, considering, preparing and working on papers, correspondence and making and receiving telephone calls.

    We propose an initial general consultation meeting at a rate of £ 300.00 + VAT. It is cost effective to hold this meeting at the time when you are proposed with a draft contract. If you require any more follow-up, money on account will be systematically asked for.

    We will charge you £ 300 per hour for each hour of my time spent on your matter, £ 200 per hour for any work done by an Avocat working with me and £ 150 per hour for any work done by a Trainee Avocat. Routine letters that we write, and routine telephone calls that we make and receive may be charged as units of 1/5th of an hour. Routine letters received may be charged as units of 1/5th of an hour. Others letters and calls will be charged on a time basis.

    Please note that a requête requires a minimum of 5 hours of work, an assignation en référé a minimum of 8 hours of work, an assignation au fond a minimum of 10 hours of work and an action en intervention a minimum of 6 hours of work.

    In case we appear in Court we would charge between 10 and 15 hours as money on account.

    It is possible that during the course of the matter, we will wish to review the hourly rates to take account of charges in our overhead costs. In that event, I will notify you in writing of any charge and this will apply to time spent after the date referred to in my letter.

    VAT will be added to our charges at the rate applicable when the work is done (currently 15%). VAT is also payable on certain expenses.

    You will be able, in any event, to keep a close watch on the level of costs you are actually incurring by reference to the interim bills referred to below.

    If, for any reason, we cease to act before the matter is concluded, we will, of course, charge you for work done and expenses incurred to that point.

    Please be aware of the articles 695 and 696 of the Code of Civil Procedure, according to which:

    - Article 695:
    Costs pertaining to proceedings, processes and enforcement procedures will include:
    1° The fees, taxes, government royalties or emoluments levied by the clerk's offices of courts or by the tax administration with the exception of fees, taxes and penalties which may be due on documents and titles produced in support of the claims of the parties;
    2° Cost of translation of documents where the latter is rendered necessary by the law or international engagement
    3° Allowance for witnesses;
    4° Expert fees;
    5° Fixed amount disbursements;
    6° Emolument of public officers and public officers;
    7° Cost of advocates to the extent that it is regulated including the closing speech dues;
    8° Expenses paid due to the notification of a process abroad;
    9° Cost of interpreting and translation rendered necessary by the inquiry orders to be carried out abroad at the request of courts pursuant to Council Regulation (EC) n°1206/2001 of 28 May 2001 on cooperation between courts of the Member States in the taking of evidence in civil and commercial matters.

    - Article 696: The legal cost will be borne by the losing party, unless the judge, by a reasoned decision, imposes the whole or part of it on another party.


    We reserve the right to ask clients to pay sums of money from time to time on account of the charges and expenses, which are expected in the following weeks or months. We will give credit for these payments when rendering our bills, on which they will be shown. Our total charges and expenses in this matter are likely to be greater than the aggregate amount of any advance payments.


    Billing arrangements

    To enable you to monitor the rate at which our charges and expenses are mounting we will send you interim bills for our charges and expenses at approximately monthly intervals while the work is in progress. They will be followed by a final bill upon completion of the matter. Any interim bill will be the only and final bill for charges and expenses incurred during the period shown on its face. These arrangements enable us to charge out my time and that of my colleagues at rates, which are well below many to be found in the City.

    Payment is due to us within 10 days of our sending you a bill and if not made within that time, we reserve the right to charge you interest on the bill on a daily basis at 8% per year from the date of the bill until payment. We will automatically be entitled to stop working until the account is settled.

    If you have a query about a bill, you should contact me straightaway.


    Storage of Papers and Deeds

    We will keep our file of papers (except for any of your papers which you ask to be returned to you) for at least ten years from the date on which you pay our final bill. We keep the file on the understanding that we have the authority to destroy it at the end of that period We will not destroy any documents you specifically ask us to hold in safe custody.

    If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, we will not normally charge for such retrieval. However, we may make a charge, based on time spent, producing stored papers or documents to you or to someone else at your request and for further incidental work.
    Termination

    In some circumstances, you may consider that we ought to stop acting for you: for example, if you cannot give clear or proper instructions on how we are to proceed, or should you lose confidence in how we are carrying out your work. You may terminate your instructions to us in writing at any time and, if litigation is in progress, our name can be removed from the record of the proceedings.

    We may decide to stop acting for you if you do not pay an interim bill within ten days or comply with our request for a payment on account or if we feel that you do not trust us anymore. If we do not receive the payment of an interim bill or payment of money on account within ten days, we will consider ourselves automatically discharged.

    In whatever circumstances we may cease acting for you, you are liable to pay our charges on an hourly basis to that point and also any expenses that have been incurred.


    Communication between you and us

    We are confident of providing a high quality service in all respects. We value your business and while I do not like to think of you having any reason to be unhappy with us, should you have any queries or concerns about our work for you which we have not been able to resolve between ourselves please write to my partner who is Michel Levy. He will investigate and report back to you.

    Avocats à la Cour must attempt to resolve problems that may arise with their services and I am anxious that you should feel at ease in raising any concerns you may have with us.

    When French proceedings are involved and/or lodged, the applied rules are those from the “Règlement Intérieur du Barreau”

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