Fees
Professional fees
The relationship between a client and their lawyer is based on trust. For this relationship of trust, transparency about the cost of your lawyer's involvement plays an important role.
The following information gives the client insight into the way Athos-Advocaten charges for its services. As in all other cases, the client can contact Athos-Advocaten with any questions about their specific situation.
A lawyer's fees cover:
- payment for the lawyer's actual work (reviewing documents, consultations, meetings, drafting letters, advice, procedural steps, time in court, pleadings, telephone calls, etc.)
- part of the fixed infrastructure costs (premises, equipment, library, administrative staff, etc.)
In Belgium, lawyers' fees are not set by law or by Bar regulations.
The lawyer sets their own fee – within the limits of reasonableness – taking into account the importance of the dispute, its complexity, its urgency and the client's situation.
The fee also reflects the lawyer's specialisation and experience.
Athos-Advocaten uses several methods to calculate a lawyer's fee. The appropriate method is agreed when the file is opened:
1. The hourly rate
Unless otherwise agreed, an hourly rate is applied as standard. The time a lawyer spends on a file is recorded meticulously and then invoiced on the basis of the agreed hourly rate. This basic hourly rate may, however, be increased by mutual agreement for exceptional work, such as work carried out urgently or requiring specialist knowledge; for extremely complex cases; where the lawyer has to assume a great deal of responsibility; or where an exceptional result is achieved.
This basic rate may also be reduced where the lawyer in charge of the file considers that special criteria apply and this is confirmed in writing between the lawyer and the client.
2. Fixed fee
For files of limited complexity, Athos-Advocaten may agree a fixed fee with the client.
3. The proportional fee
In cases where the financial stakes can be quantified, fees may be calculated by applying a degressive percentage to the amounts recovered or saved according to an agreed scale.
The law prohibits making a lawyer's fees depend solely on a positive outcome. The fee must therefore be set irrespective of the result. In practice, the fee is calculated according to the scale above, with a minimum equal to the amount calculated under the hourly rate formula at the agreed hourly rate.
4. The subscription agreement
Where the client regularly entrusts a large volume of files to Athos-Advocaten, Athos-Advocaten may agree specific terms for calculating the fee on the basis of a guaranteed number of hours or files.
5. The “success fee”
It may be agreed to increase the fees calculated under one of the methods above by a bonus of a fixed amount depending on the result achieved and the importance of that result for the client.
The principle of the “success fee”, the method of calculating the bonus and the conditions for awarding it are agreed in consultation with the client when the file is opened or at a later stage.
All services and costs are recorded meticulously and in detail. The client always receives an overview of these services and costs as an appendix to an invoice.
Lawyers' services are subject to VAT at 21%.