Without prejudice to the agreement concluded between the lawyer and the judge under Article 10 of Law no. 71-1130 of 31 December 1971 reforming certain judicial and legal professions, the State may enter into an agreement with the lawyer appointed or accepted by the claimant and, where applicable, with the claimant.
The agreement determines the amount of fees to be paid according to an hourly rate or a fixed fee, determined in particular according to the difficulties of the case. It sets out the terms and conditions under which other costs, disbursements and emoluments are covered. It regulates the case of sums awarded to the judge in respect of costs incurred but not included in the costs.
The State pays the judge directly.
The State pays the lawyer directly for the costs provided for in the agreement.
The agreement may provide for costs to be paid as and when they are incurred, by way of advances and on the basis of supporting documents.
The final payment is made at the end of the agreement.
The final settlement is made at the close of the case or proceedings on presentation of the detailed account provided for in article 12 of décret n° 2005-790 du 12 juillet 2005 relatif aux règles de déontologie de la profession d’avocat.