Legal costs: cost of a trial

Costs

Definition

We're calling costs all costs directly linked to the legal proceedings.

Part of the costs are connected with the filing of the application in court.

Litigation is often free of charge, but sometimes the demand pays.

There may also be a Commissioner of Justice fee to inform your opponent of his/her summons to court.

Another part of the costs relates to the conduct of the procedure.

These are:

• Expenses of acts carried out to enable the judge to have all the elements to judge the case (expert opinions, translation of documents in French, statement of the Commissioner of Justice, hearing with minors with a specialist, summoning of all parties concerned by the dispute, even abroad etc...)
• Costs of actions taken to avoid a deterioration of the situation before judgment (e.g. preservation)
• Witness Allowance
• Fixed procedural right paid by the convicted person in criminal matters
• Right of Argument Paid by Counsel
• Fees, taxes or fees collected by the tax administration or by civil court registries
• Costs of notification of judgments to parties, even abroad

Who is to bear the costs?

The judge decides who is to bear the costs. In general, the judge pays the costs to the person who loses the trial, but not always.

Irreproducible charges

Definition

The non-repetitive costs are all expenses incurred by the trial, but not included in the costs. These are mainly lawyers' fees, but also other expenses related to the trial, such as travel and accommodation expenses.

Who should take care of them?

In principle, everyone should bear the costs incurred for the trial. But you can ask the judge to charge your opponent some or all of your unrepetitive costs. The judge will decide based on the circumstances of the case.

Costs of the trial

The costs costs of the civil trial include:

• Duties, taxes, fees or emoluments collected by the tax administration or civil court registries
• Translation costs of documents
• Allowances for the appearance of witnesses (travel, stay, etc.)
• Remuneration of technicians (experts, consultants, etc.)
• Remuneration of public and ministerial officials, including Commissioners of Justice (summons, service of judgment, seizures, etc.)
• Lawyer's remuneration excluding fees (trial fees, emoluments and various fees or charges at the regulated rate)
• Compensation paid by the State to the lawyer of the party entitled to legal aid
• Costs incurred by the notification of an act abroad
• Interpreting and translation costs relating to foreign training
• Costs of social inquiries ordered by the family judge or guardianship judge
• Remuneration of the person appointed by the judge to hear the minor in proceedings concerning him or her
• Costs related to measures, investigations and examinations required in relation to the illicit international movement of children

The judge must necessarily say who must pay the costs. It is usually the losing party who has to pay for these costs. This is called order to pay the costs.

In civil matters, the non-repetitive costs This includes, but is not limited to, lawyers' fees, travel and accommodation for the purposes of the trial.

If the winning party pays its lawyer via legal aid, the court may order the losing party to pay additional fees to the lawyer of the winning party.

In all cases, the judge takes into account the fairness or economic situation of the sentenced party.

Lawyer fees

Fees are free. Except in cases of urgency, force majeure or where the litigant benefits from total legal aid, the lawyer's remuneration must be the subject of a written agreement between him and his client.

Several criteria are used to determine the lawyer's remuneration:

• Customer's financial situation
• Difficulty of the case
• Expenses incurred
• Notoriety of the lawyer
• Time and availability devoted to the case

A lawyer can be paid in two ways:

• Settlement of time spent on the basis of an hourly rate linked in particular to the complexity of the case
• Lump sum payment for simple procedures (the amount of the lump sum is paid as total and final remuneration)

An additional fee may also be fixed according to the result obtained or the service rendered.

Operating costs are added (file opening, telephone, photocopies, travel, etc.).

Support of costs

Legal costs and all costs relating to a trial may be borne by legal aid. This support can be partial or total.

Costs of the trial

The submission of an application to the labor council is free.

The costs to the Conseil de prud'hommes include, in particular, the remuneration of the Commissioners of Justice, the lawyer without fees or the compensation paid by the State to the lawyer of the party entitled to legal aid.

The judge must necessarily say who must pay the costs. It is usually the losing party who has to pay for these costs. This is called order to pay the costs.

The non-repetitive costs the labor council includes in particular lawyers' fees, travel and accommodation expenses for the purposes of the trial.

If the winning party pays its lawyer via legal aid, the court may order the losing party to pay additional fees to the lawyer of the winning party.

In all cases, the judge takes into account the fairness or economic situation of the sentenced party.

Lawyer fees

Fees are free. Except in cases of urgency, force majeure or where the litigant benefits from total legal aid, the lawyer's remuneration must be the subject of a written agreement between him and his client.

Several criteria are used to determine the lawyer's remuneration:

• Customer's financial situation
• Difficulty of the case
• Expenses incurred
• Notoriety of the lawyer
• Time and availability devoted to the case

A lawyer can be paid in two ways:

• Settlement of time spent on the basis of an hourly rate linked in particular to the complexity of the case
• Lump sum payment for simple procedures (the amount of the lump sum is paid as total and final remuneration)

An additional fee may also be fixed according to the result obtained or the service rendered.

Operating costs are added (file opening, telephone, photocopies, travel, etc.).

Support of costs

Legal costs and all costs relating to a trial may be borne by legal aid. This support can be partial or total.

Costs of the trial

The State is responsible for the costs of the criminal trial (experts, investigation, calling of witnesses, etc.).

However, the convicted person must pay a fixed fee for the proceedings.

• Trial before a police court: €31
• Trial before a criminal court: €127
• Trial before a criminal court: €527
• In the case of an appeal decision in correctional and police matters: €169
• In the event of a decision of the Court of Cassation in criminal, correctional or police matters: €211

Juvenile convicts do not pay a procedural fee.

In criminal matters, the non-repetitive costs This includes, but is not limited to, lawyers' fees, travel and accommodation for the purposes of the trial.

If the winning party pays its lawyer via legal aid, the court may order the losing party to pay additional fees to the lawyer of the winning party.

In all cases, the judge takes into account the fairness or economic situation of the sentenced party.

Lawyer fees

Fees are free. Except in cases of urgency, force majeure or where the litigant benefits from total legal aid, the lawyer's remuneration must be the subject of a written agreement between him and his client.

Several criteria are used to determine the lawyer's remuneration:

• Customer's financial situation
• Difficulty of the case
• Expenses incurred
• Notoriety of the lawyer
• Time and availability devoted to the case

A lawyer can be paid in two ways:

• Settlement of time spent on the basis of an hourly rate linked in particular to the complexity of the case
• Lump sum payment for simple procedures (the amount of the lump sum is paid as total and final remuneration).

An additional fee may also be fixed according to the result obtained or the service rendered.

Operating costs are added (file opening, telephone, photocopies, travel, etc.).

Support of costs

Legal costs and all costs relating to a trial may be borne by legal aid. This support can be partial or total.

Costs of the trial

The filing of an application before the Administrative Court is free.

In administrative matters, the costs include, in particular, the cost of expertise and investigations. It is the losing party who must pay these fees, with the exception of exceptions.

In the administrative trial, the non-repetitive costs This includes, but is not limited to, lawyers' fees, travel and accommodation for the purposes of the trial. The judge may order a party to bear the unavoidable costs of the opposing party.

If the winning party pays its lawyer via legal aid, the court may order the losing party to pay additional fees to the lawyer of the winning party.

In all cases, the judge takes into account the fairness or economic situation of the sentenced party.

Lawyer fees

Fees are free. Except in cases of urgency, force majeure or where the litigant benefits from total legal aid, the lawyer's remuneration must be the subject of a written agreement between him and his client.

Several criteria are used to determine the lawyer's remuneration:

• Customer's financial situation
• Difficulty of the case
• Expenses incurred
• Notoriety of the lawyer
• Time and availability devoted to the case

A lawyer can be paid in two ways:

• Settlement of time spent on the basis of an hourly rate linked in particular to the complexity of the case
• Lump sum payment for simple procedures (the amount of the lump sum is paid as total and final remuneration)

An additional fee may also be fixed according to the result obtained or the service rendered.

Operating costs are added (file opening, telephone, photocopies, travel, etc.).

Support of costs

Legal costs and all costs relating to a trial may be borne by legal aid. This support can be partial or total.

Costs of the trial

The cost of litigation in Canada commercial court varies depending on the method of filing the application and the type of dispute. You can find out more on the website of the court concerned.

The costs in commercial matters shall include the following costs:

• Duties, taxes, fees or emoluments received by the registries of commercial courts
• Translation costs of documents
• Allowances for the appearance of witnesses (travel, stay, etc.)
• Remuneration of technicians (experts, consultants, etc.)
• Remuneration of public and ministerial officials, including Commissioners of Justice (summons, service of judgment, seizures, etc.)
• Lawyer's remuneration excluding fees (trial fees, emoluments and various fees or charges at the regulated rate)
• Compensation paid by the State to the lawyer of the party entitled to legal aid
• Costs incurred by the notification of an act abroad
• Interpreting and translation costs relating to foreign training
• Costs of social inquiries ordered by the family judge or guardianship judge
• Remuneration of the person appointed by the judge to hear the minor in proceedings concerning him or her
• Costs related to measures, investigations and examinations required in relation to the illicit international movement of children

The judge must necessarily say who must pay the costs. It is usually the losing party who has to pay for these costs. This is called order to pay the costs.

The non-repetitive costs for the commercial trial include in particular lawyers' fees, travel and accommodation expenses for the purposes of the trial.

If the winning party pays its lawyer via legal aid, the court may order the losing party to pay additional fees to the lawyer of the winning party.

In all cases, the judge takes into account the fairness or economic situation of the sentenced party.

Lawyer fees

Fees are free. Except in cases of urgency, force majeure or where the litigant benefits from total legal aid, the lawyer's remuneration must be the subject of a written agreement between him and his client.

Several criteria are used to determine the lawyer's remuneration:

• Customer's financial situation
• Difficulty of the case
• Expenses incurred
• Notoriety of the lawyer
• Time and availability devoted to the case

A lawyer can be paid in two ways:

• Settlement of time spent on the basis of an hourly rate linked in particular to the complexity of the case
• Lump sum payment for simple procedures (the amount of the lump sum is paid as total and final remuneration)

An additional fee may also be fixed according to the result obtained or the service rendered.

Operating costs are added (file opening, telephone, photocopies, travel, etc.).

Support of costs

Legal costs and all costs relating to a trial may be borne by legal aid. This support can be partial or total.