The fee is the remuneration in money that the client pays to his lawyer for any services rendered.

In addition to the fee, the client owes his lawyer certain expenses. These expenses are the remuneration for actual performances and advanced payments such as photocopies, telephone, transport expenses, expenses for bailiffs, legal expenses (such as expenses for the cause-list and for certified copies of court orders), all kinds of transcripts and extracts etc.

Fees and expenses should therefore be treated individually, the latter being billed separately to the client.

Art. 459, paragraph 1 of the Judicial Code states: “Lawyers estimate their fee in all modesty as can be expected of their office. Any condition in this matter, related to the result of a dispute, is strictly forbidden”.

The lawyer’s fee depends on various factors which cannot always be anticipated when starting to work on a case. Even in similar cases, the procedure may be influenced by the attitude of the various parties concerned. Therefore, it is not obvious to agree with the client on an actual price, but clear agreements can be made regarding the method of calculation applied by the lawyer. 

At this moment, 3 methods of calculation are generally being used to estimate the fee, since they are simple and practical:
- remuneration per hour: an amount per hour for services rendered;
- remuneration according to the importance of the case: a percentage of the importance of the case which can be defined in money;
- remuneration according to the nature of the case: a fixed amount per performance or series of performances.
Client and lawyer may agree to apply a different calculation method. The amounts defined by using the chosen calculation method should be determined with due moderation and fairness. If necessary, they can be increased or decreased in function of among others the following elements:
- the urgent character of the case;
- the importance of the case;
- the degree of complexity of the case;
- the result of the case;
- the experience of the lawyer and his knowledge of the matter at hand;
- the circumstances on the market of legal services.
Clients also have the possibility to conclude a subscription contract, that is an agreement in which the fee and expenses are determined for equal or similar cases and services. Any such subscription agreements should be done in writing.

It is obvious from the aforementioned that clear arrangements must be made between lawyer and client prior to starting to work on the case. Both lawyer and client are obliged to follow and assess these arrangements during the subsequent development of the case.

The following is a summary of the method to calculate fees and expenses:

1. EXPENSES:
* Administrative expenses
Expenses to open and close the dossier: fixed price of 40.00 Euro for each case.
* Secretarial charges (fixed)
Correspondence (letters, faxes and mails) and texts at 11.00 Euro per printed page.

Photocopies at 0.25 Euro per photocopy.

Incoming faxes at 0.75 Euro per page.

Outgoing telephone at 1.00 Euro per 5 minutes.

Outgoing mobile at 2.00 Euro per 5 minutes.

* Transport charges
Attendance at 50.00 Euro (time spent for transport).

Car expenses: 0.40 Euro per kilometre.

Expenses for meals, hotels and other means of transport (train, aeroplane) according to justification documents.

* Bailiff charges
According to the tariffs laid down by the Royal Decree, dated 30th of November 1976 and according to the expense notes drawn up by the bailiffs.

* Expenses for the registry office
Registration rights, cause-list rights, expenses for authenticated copies.

2. FEE:
Discussion at the office, in the company or at third party’s.

Telephone discussions with the client.

Bibliographical research.

Editing of correspondence, preliminary judicial deeds (petition, writ of summons), pleadings and contracts.

Formulating, drawing up and communicating of written and oral recommendations.

Discussions/negotiations with counter party and/or opponent.

Discussions/negotiations with contracting parties.

Official visits and assistance during expert examinations, meetings and discussions.

Procedural treatment and follow-up of a dossier.

Mediation and pleading before all legal institutions in Belgium.

Inspection and study of criminal dossiers at the court registry.

Visiting clients in prison.

* Tariff per hour
100.00 Euro per hour with a correction factor according to specialty (x 1.5), urgency (x 1,5 to 2.5), importance of the case (x 1.5 to x 10), degree of complexity (x 1.5 to 3.5) and result (x 1.5 to 2).

* Percentage calculation according to the importance of the case
Degressive table with a minimum of 2,580.00 Euro per case:
- from 0.02 Euro to 6,200 Euro : 15 %
- from 6,200 Euro to 50,000 Euro  : 10 %
- from 50,000 Euro to 125,000 Euro : 8 %
- from 125,000 Euro to 250,000 Euro : 6 %
- on any balance exceeding 250,000 Euro : 4 %

* Simple proceedings for the collection of amounts and invoices
Collection rate according to the same degressive table with a minimum of 150.00 Euro per case.


3. GENERAL CONDITIONS
1. Any complaints and remarks regarding the commission bills and lists of expenses and fees addressed to the client, must be sent to the office per registered mail within a term of two weeks after sending of the list. 

2. If a commission bill or a list of expenses and fees is not paid despite the request thereto, any works will be suspended after a written communication thereof to the client. BVBA ADVOCATENKANTOOR DESDALEX is not responsible for any damage caused as a result of the said suspension of works for the aforementioned reason.

3. Any commission bill and list of expenses and fees must be paid within two weeks following the sending thereof. In case of default payment, the unpaid amount shall be increased with an interest of 10 % per year and a fixed compensation of 10% with a minimum of 250.- EUR and a maximum of 2,500.- EUR. 

4. Any disputes regarding the list of expenses and fees, shall be governed by the Bar of Lawyers and Belgian Law and shall be settled exclusively before the competent Justice of Peace of the 7th District of Antwerp and the Court of First Instance at Antwerp.


4 RESTRICTION OF LIABILITIES
Our liability is restricted to the amount wich is paid by our professional liability insurance in the case at hand.

This guarantee amounts to 1,250,000.00 Euro per claim.

On request, the insurance policy, subscribed by the Bar with Ethias is available for inspection.