The absence of a prior signature of an agreement shall not deprive the lawyer of his fees. This is what the Court of Cassation ruled in its decision of June 14, 2018.
A lawyer had asked the president of the bar to fix his fees following consultation with a client about condominium problems that had not been paid. On appeal, the first president denies him any remuneration, citing the non-signing of a convention, imposed by law.
This argument is not accepted. For the Court of Cassation, the fees are due, as long as there have been
diligences
i.e. acts carried out by the lawyer in the interest of his client (e.g. file review, mail, telephone interview, travel, etc.). The fees are then fixed, according to custom, according to the client's situation of fortune, the difficulty of the case, the costs incurred, the reputation of the lawyer, and the diligence of the latter.
