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José M.
José M., Attorney
Category: French Law
Satisfied Customers: 5683
Experience:  Spanish Attorney
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Is there an obligation for a french lawyer to tell you his

Customer Question

Is there an obligation for a french lawyer to tell you his terms of business and rates before he acts for you?

The circumstances of my question are that a friend's mother died while living in france and since he has been trying to sort out her estate with her widow (not his father). a compromise agreement has now been drafted which deals with the estate (I dont require any advice on this)

The widow of my friend's mother's lawyer (qualified as a paralegal in france) has drafted the agreement and is now asking my friend to pay a proportion of the fees for doing so. My friend was never asked or been advised he would be need to pay before the drafting commenced and never even asked the paralegal to do the drafting. Does my friend have to pay any of the fees? If not, what should the paralegal have done if he wanted my friend to pay? i.e said so first, provided details of his fees etc. If the paralegal continues to pursue this matter, is there a professional body he can complain to (i.e the equivalent to the legal ombudsman in the uk).

Please let me know if you have any further questions.

Thank you in advance.

Submitted: 3 years ago.
Category: French Law
Expert:  José M. replied 3 years ago.
Hi there. Its not compulsory forma the attorney to have a signed budget.
The prices are cree. Each attorney puy the value he wants to his time. So if the clientes do not así forma a previous budget he has to pay. The límit against the abuses becomes with the consumers protection law. TVE consume could put a claim un the consumers protection offices and they will check if the bills are right and without abuses.
Please let me know if you got more doubts. Thank you.
Customer: replied 3 years ago.



So it is the case that my friend can be asked to pay for work from someone he has never instructed (the widow instructed) and for work he never asked to be done?



Expert:  José M. replied 3 years ago.
As she ask for the service she owes that money. So the debt goes to the inheritors. So he has to pay. If he refuses the attorney could demand him in court and forces him to pay with expenses.
Customer: replied 3 years ago.

who do you mean when when you refer to 'she'


Do you mean that just because the widow asked for the agreement to be drafted then my friend as an inheritor has to pay despite not being consulted or advised of fees etc?

Expert:  José M. replied 3 years ago.
Sorry. I mean that the person who has to pay itd the one who contract him por his inheritors
Customer: replied 3 years ago.

surely that should mean that the widow has to pay as he instructed the paralegal for advice and then ultimately drafting the agreement. my friend never instructed him for anything so why should he have to pay?

Expert:  José M. replied 3 years ago.
The matter will be in the facts which the attorney could probe. If he can probe the fact of the ser vice contract he could demand in court the bill. If your friend thinks that the attorney could not probé the contract he could refuse to pay. So the matter will be what the attorney could probé.
Expert:  José M. replied 3 years ago.
Please ley me know if you got more doubts about it. Thank you