Calculation of fees
Fees are calculated based on an hourly rate ranging from 120 to 300 EUR excluding VAT, depending on the experience and specialisation of the lawyer or lawyers involved, the level of urgency and the nature of the dossier.
A flat rate of 8% excluding VAT will be added to the fees to cover all other costs (creation of the dossier, typing, travel, photocopies, etc.) other than exceptional costs which will be charged upfront.
In the event the parties agree to fees being invoiced not at a flat rate or at cost, this shall be done on the following basis:
– Creating and closing a dossier: €50.00
– Typing: €10.00 per page
– Photocopying: €0.30 per page
Disbursements are expenses resulting from the intervention of a third party (bailiff, expert, sworn translator, court fees, express mail, etc.). They will be paid to the third party directly or advanced by the lawyer, according to the agreement made when creating the dossier.
Disbursements are not subject to VAT.
Other means for calculating costs and fees can be agreed, such as a flat fee, staggered payments or fees with a success fee added on, according to Article 446 ter of the Legal Code.
The lawyers at the SAGREK association usually work with a retainer system. These retainers do not represent the progress of their work, or the fees and disbursements on the day they are requested. They are set against the status of the detailed costs and fees which are drawn up when the dossier is closed or at more regular intervals.
Since the law of 21 April 2007 came into force, on the repeatability of lawyer’s fees (Belgian Official Journal of 31 May 2007), Article 1022 of the Legal Code states that the party that lost the case is required to pay procedural costs. These are a fixed amount of the lawyer’s costs and fees, paid to the party that won the case.
The Royal Decree of 25 October 2007 (Belgian Official Journal of 9 November 2007) sets these procedural costs according to the nature and stakes of the case.
As such, if the judgement is in your favour, you may recover all or part of the fees paid to your lawyer.
According to the same rules, if you lose the case, you must pay, in addition to the fees paid to your lawyer, a portion of the fees incurred by the opposing party.
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