Calculation method for costs & fees and conditions of CVBA (BV) LM&DS
Unless specifically agreed otherwise (e.g. value rate or flat fee), to be agreed in writing on a case by case basis, the costs and fees of LM&DS are set as follows:
The services of LM&DS are charged as costs, on the one hand, and as fees, on the other. The costs consist of specific costs imputable to a case, and of the fixed and variable administrative costs that cannot be specifically imputed and are objectively distributed over all cases. LM&DS does not provide services in the context of second-line legal assistance (pro-deo). All amounts are exclusive of VAT.
The following costs are charged:
- Opening of a case (fixed fee of € 50.00/case)
- Correspondence (€ 12.00 per page – € 8.00 per page for double addressees)
- Typing procedure (for procedural documents – pleading, summons, inventory, petition, etc. at € 12.00 per page)
- Registered letters (€ 20.00)
- Photocopy (€ 0.10 per page, except for specific copy for third parties at actual price)
- E-mails (€ 6.00 per page)
- Consultation of national register (€ 15.00)
- Financial transaction (€ 2.00)
- Court costs and related costs
- Kilometre allowance (€ 0.50/km), in principle to be charged by the fastest route
- Attendance (time spent waiting at a court session or elsewhere, travel time, at € 75.00/h)
- Not specifically to be attributed expenses (spreading of administrative costs over the cases: e.g. cost of office and infrastructure, utilities, bank costs, library, subscriptions, online service, etc. at 7.5% on the fee.
The fees are charged per registered time unit of the lawyer(s) in charge of the case and/or case manager(s). The basic fee ranges between € 110.00 and € 150.00/h depending on the qualification of the lawyer in charge of the case. For cases in which the person paying the invoice is a consumer, the basic fee is reduced to an amount between € 100.00 and € 135.00/h depending on the qualification of the lawyer in charge of the case.
The fee can be corrected by applying coefficients that are multiplied with one another and the hourly rate due to e.g. result, urgency, importance of the case, specificity, etc. . The fee (as well as the cost – see above) can always be adapted by LM&DS, including in light of an increase in the prices or changes on the market.
With the exception of the usual duties performed by the lawyer, the client accepts that LM&DS, under its own responsibility, may call upon lawyers who are not permanently attached to the firm to carry out specific assignments (for example, a postponement in court).
For a case in which the lawyer must represent the client in a legal proceeding, before a commission or authority, the lump-sum minimum fee amounts to € 250.00.
LM&DS charges its costs and fees in the interim subject to requesting retainers. If these are not charged, the costs and fees are charged in full and without discount at the end of the intervention. After termination of the assignment for any reason, the client will reimburse LM&DS for the services provided and costs incurred up to and including the effective date of termination. All invoices are payable within 15 days after sending. As of the due date they are increased by the legal interest and damages as provided by the law on combating late payment in commercial transactions.
In legal assistance cases, the legal expenses insurer and the client are jointly and severally liable to pay the costs and fees.
Any comments on invoices must be formulated within 15 days, failing which they will no longer be taken into consideration. LM&DS is the first point of contact for your complaints. If you are unable to reach an agreement, you can contact the Mechelen Bar Association (Keizerstraat 20, BE-2800 Mechelen, T: +32 15 20 90 63, F: +32 15 21 21 35). However, you always retain the right to initiate legal proceedings.
In the event of non-payment of an invoice, LM&DS is entitled by law and without notice of default to suspend its future activities.
The courts of the district of Antwerp, Mechelen department, and the Justice of the Peace of the canton of Mechelen are competent for collecting invoices or in case of a dispute.
This is without prejudice to the possibility of submitting the case in arbitration to the evaluation committee of the Mechelen Bar Association by mutual agreement.
The liability of LM&DS remains limited to the coverage and the ceiling of the insurance policy taken out by its lawyers via the Bar Association.
In the event that one of the above provisions should be deemed to be invalid, the others shall remain valid.
Version applicable as of 01.01.2018