Should the lawyer's fees be paid even in the event of non-compliance?

In the first case, the client ends her lawyer's mission. The lawyer refers the matter to the president of the bar to determine the amount of the fees remaining to him. The president of the bar agreed with him and fixed on €10,360 the amount to be paid. The sums are due even if there is a lack of details of the formalities completed by the lawyer, when these details are later provided in another document.

The first President of the Court of Appeal, hearing the appeal, reduced to €919 the amount outstanding. In his view, the lack of precision in the invoices as to the nature of the acts performed did not allow the full payment of the fees.

In the second case, the amount of the lawyer's fees is reduced by the President and then, on appeal by the first President. They consider that the lawyer had not informed his client of the foreseeable evolution of the fees and had therefore breached his obligation to provide information.

The Court of Cassation hearing both cases quashed and annulled the two decisions.

In the first case, the fees have to be paid, as the procedure for challenging fees does not allow for possible infringements to be penalized.

In the second case, the Court of Cassation points out that only the lawyer can know his responsibility in this specific procedure. Neither the president nor the president can speak.