How much does it cost? | AVOCATS.BE | Ordre des Barreaux Francophones et Germanophone

There is no fixed fee scale: each lawyer freely sets their fees. However, they must inform you, before starting, how the cost will be calculated. And if you cannot afford to pay, solutions exist.

Fees

A lawyer is a self-employed professional: they freely set the amount of their fees with their client. There is no fee scale in the profession.

They are required to inform their prospective client of the various elements that will determine the cost of their services. In particular, they must inform them:

of their right, where applicable, to benefit from legal aid;
of the possible coverage of fees and costs by a legal protection insurer;
of the method for calculating the fees and costs they intend to apply.

The lawyer's fees represent compensation for the work they perform for you. This work includes, in particular:

reviewing your case and legal situation with you;
representation before courts and tribunals;
intellectual work (drafting procedural documents, consultations, research, meeting preparation, assistance during negotiations, etc.);
handling administrative tasks related to case management.

The lawyer freely sets their fees, within the limits of fair moderation. This is a concept that depends on each case: its complexity, financial or principled stakes, urgency, the lawyer's reputation, the client's financial capacity, the outcome achieved, etc.

The Bar Association or the courts can exercise control over their fees.

How are fees calculated?

There are different methods for calculating fees: hourly rates, flat fees, retainers, or success fees.

However, a lawyer is prohibited from entering into a fee agreement exclusively tied to the outcome of the case.

Expenses and disbursements

The lawyer's fees and expenses, with the exception of certain costs (such as a court filing fee, a copy of a criminal file, or a judgment transcript), are subject to 21% VAT.

The expenses charged may include costs specific to your case (phone, copies, etc.) or a contribution to the firm's fixed costs (rent, salaries, etc.). They may be included in the fee amount, itemized per service, or billed as a flat fee or a percentage of the fees.

Expenses should not be confused with disbursements, which are expenses incurred by the lawyer on your behalf (bailiff fees, etc.).

For individuals with limited resources, the law provides for a legal aid service in each bar association, allowing for total or partial exemption from a lawyer's services. See the Legal Aid page.

What if things go wrong?

A disagreement over fees

Once again, we recommend discussing the matter openly: dialogue often helps clear up misunderstandings. If the disagreement persists, several dispute resolution methods exist within the Bar Associations.

Fee estimation: conducted by a lawyer appointed by the president of the Bar, it can be presented to the courts, which will assess it.

Prior conciliation: a representative of the Bar attempts, in a single session, to informally reconcile the parties.

Fee mediation: a mediator lawyer, suggested or not by the president of the Bar, attempts to reach an agreement between the parties.

Fee arbitration: one or three arbitrator lawyers are appointed; they decide on the fees due, and their decision is binding.

Court opinion: the dispute can be brought before the courts, which, according to practice, will request an "opinion on fees" from the Bar Council. The parties can present their views, and the court makes the final decision.