Can a lawyer demand money from a legal aid recipient?

Supplementary fees

When you get thepartial legal aid, the lawyer has the right to ask you for fees complementareas in addition to the legal aid contribution.

These additional fees are freely negotiated between you and the lawyer and they must be subject to written agreement prior to the intervention of the lawyer.

The Convention should set the amount and terms of payment additional fees, taking into account the following:

• Complexity of the case
• Due diligence and costs imposed by the nature of the case
• Your resources and heritage

The agreement must recall the amount of the State's contribution and indicate the means of appeal which you can exercise in case of dispute.

The lawyer must communicate the agreement within 15 days of its signature to the president of the bar association to which he belongs, so that the president controls his regularity and the upright additional fees.

Fees in case of withdrawal of legal aid

But if justice grants you important damages and that the legal aid office withdraw the aid granted, the lawyer can ask fees.

These fees are charged because of your increased revenues.

They are used to pay for services performed by counsel and do not constitute profit and loss fee.

The lawyer can charge you a fee if all of the following 4 conditions are met:

• The court ruling in your case has become definitive (no appeal has been lodged and the time limit for appeal has expired)
• The court decision granted you important damages
• These damages make you exceed revenue limits taken into account for the granting of legal aid
• The legal aid office already has you withdrawn the aid tuned

The lawyer can tell you propose to sign a prior agreement which fixes the amount and terms of payment fees that he can claim if legal aid is withdrawn from you.

If you have signed such an agreement, the lawyer can claim the fees from the moment legal aid is withdrawn.

If you have not signed this type of agreement, the lawyer must apply to the judge after the legal aid has been withdrawn to ask him to fix the amount of his fees.

In the event of a fee dispute, you can refer the matter to the ombudsman for consumer affairs or the president of the bar on which the lawyer depends.

When you get help total jurisdiction, the lawyer is not entitled to to claim other remuneration in addition of the contribution to be paid to it by the State.

But if justice grants you important damages and that the legal aid office withdraw the aid granted, the lawyer can ask fees.

These fees are charged because of your increased revenues.

They are used to pay for services performed by counsel and do not constitute profit and loss fee.

The lawyer can charge you a fee if all of the following 4 conditions are met:

• The court ruling in your case has become definitive (no appeal has been lodged and the time limit for appeal has expired)
• The court decision granted you important damages
• These damages make you exceed revenue limits taken into account for the granting of legal aid
• The legal aid office already has you withdrawn the aid tuned

The lawyer can tell you propose to sign a prior agreement which fixes the amount and terms of payment fees that he can claim if legal aid is withdrawn from you.

If you have signed such an agreement, the lawyer can claim the fees from the moment legal aid is withdrawn.

If you have not signed this type of agreement, the lawyer must apply to the judge after the legal aid has been withdrawn to ask him to fix the amount of his fees.

In the event of a fee dispute, you can refer the matter to the ombudsman for consumer affairs or the president of the bar on which the lawyer depends.