The budget for a lawsuit and its overruns.

In France, the budget for a lawsuit starts with the fee agreement, which has had to be in writing since the Act of 6 August 2015 Source [1]. It states the fees, or how they are calculated, for the lawyer’s foreseeable work, along with the costs and disbursements expected Source [1]. The National Bar Council’s fixed‑fee model agreement, adopted on 10 April 2026, provides for additional fees if a procedural incident or an expert report arises Source [3]. It also calls for an amendment if there is an appeal Source [3].

What a litigation budget contains.

Fees are negotiated with the lawyer. Duties, regulated charges and the deposit for an expert depend on a statute or on the court.

Above €10,000 claimed, a lawyer is in principle compulsory before the tribunal judiciaire, the ordinary civil court, and before the commercial court, outside the matters the rules exempt Source [2] Source [9]. The practical guide of the National Bar Council (CNB) notes that no scale applies to lawyers’ fees, apart from legal aid Source [10]. Each lawyer sets them by agreement with the client Source [4]. Across the cases Hello Justice reviews, high‑stakes proceedings absorb €30,000 to more than €300,000 in fees and costs.

The written fee agreement.

Article 10 of Act no. 71-1130 of 31 December 1971 requires the lawyer to enter into a written fee agreement with the client Source [1]. Only urgency, force majeure and certain work under the legal aid scheme exempt the lawyer Source [1]. The CNB’s practical guide describes the agreement as compulsory in every area and for every type of work Source [10]. It therefore applies to a business client as it does to an individual.

For the rest of the engagement, the profession’s national bar rules, in their version consolidated on 7 July 2026, impose two duties of disclosure. From the outset, the lawyer explains how the fees are determined, then keeps the client regularly informed of how their amount changes Source [11]. The second duty concerns the costs, disbursements and regulated charges the engagement may involve Source [11].

The lawyer may ask for a deposit, limited to a reasonable estimate of the likely fees and disbursements Source [11]. If it is not paid, they may decline the case or withdraw from it Source [11]. Before any final settlement, the lawyer provides a detailed account that separates costs and disbursements, regulated charges and fees Source [11]. A client who disputes the amount refers it to the bâtonnier, the head of the lawyer’s bar, under the fee assessment procedure Source [4].

Time spent, fixed fees and success fees.

On a time basis, the lawyer multiplies an hourly rate by the number of hours spent on the case Source [4]. A fixed fee is a set amount covering the whole proceedings, and Service-public.fr, the French government’s information site, describes it as more often used for simple proceedings Source [4]. According to the CNB’s practical guide, the fixed fee, adjusted or not for procedural incidents or attendance at expert meetings, is the most common arrangement Source [10].

In the CNB’s fixed‑fee model, the fee is set according to the foreseeable difficulty of the case and applies to the services listed at signing Source [3]. Work not covered gives rise to additional fees, either fixed or charged at the hourly rate Source [3].

The time‑based model asks for an expected number of hours, a range, a minimum or a cap on fees Source [12]. On 12 January 2023, the Court of Justice of the European Union ruled on an hourly‑rate term signed by a consumer client (C-395/21) Source [13]. Without prior information on its economic consequences, such a term is not drafted in plain intelligible language Source [13]. The Court mentions “an estimate of the expected number or minimum number of hours” or periodic bills showing the hours worked Source [13].

French law prohibits any fee set solely according to the outcome of the case Source [1]. This pactum de quota litis differs from a success fee, which is lawful when it adds to the payment for the work performed Source [1]. The CNB models calculate it on the gains obtained or the savings achieved, with a scale by bands Source [3] Source [12].

Third‑party costs and the deposit for an expert.

The CNB models list separately the costs paid to third parties: judicial officer, court registry, pleading fee, expert chosen by the parties Source [3] Source [12]. The client advances them, and they are passed on, where applicable, to the losing party as part of the court costs Source [3].

When the court orders an expert report, it sets a deposit as close as possible to the expert’s foreseeable final fee (article 269 of the Code of Civil Procedure) Source [2]. It designates the party that pays it into the court registry. If the deposit is not paid within the time allowed, the expert’s appointment lapses, unless the court extends the time or lifts the lapse (article 271). If the deposit proves clearly insufficient, the expert reports to the court, which may order a further deposit (article 280). If that is not paid, the expert lodges the report as it stands. The court finally sets the expert’s fee, then orders a further payment or the return of any surplus (article 284) Source [2].

A pilot scheme that began on 1 January 2025 before twelve economic activity courts makes the claimant pay an economic justice contribution Source [8]. It applies to claims above €50,000, and if it is not paid, the court may declare the claim inadmissible Source [8]. An individual or a private‑law entity employing fewer than 250 people is exempt, as are the State and local authorities Source [8]. The Constitutional Council upheld the contribution on 6 March 2026, with one reservation Source [7]. When ruling, the court assesses whether the charge remains proportionate to the financial situation of the party liable for the costs Source [7].

Court costs and article 700.

Under article 695 of the Code of Civil Procedure, court costs (dépens) include duties collected by registries, the fees of court‑appointed experts and the charges of public officers Source [2]. The losing party bears them, unless the court, in a reasoned decision, puts all or part of them on another party (article 696) Source [2].

Freely agreed fees are not part of them: they are non‑recoverable costs that each party advances Source [5]. Under article 700, the court orders the losing party, or the party liable for the costs, to pay the other the sum it determines Source [2]. It takes fairness or the financial situation of the party ordered to pay into account, and may decide that no such order is warranted Source [2]. In 2020, the CNB noted that judges still assessed this award on a flat‑rate, intuitive basis Source [10].

Conversely, the losing party may owe the other side the court costs and a sum under article 700, on top of its own fees Source [2] Source [5].

The causes of overruns.

The CNB’s time‑based model lists the factors that may have significant consequences for the final number of hours Source [12]. It mentions in particular the complexity of the other side’s submissions, additional replies, procedural incidents and meetings with experts Source [12].

Before the court of appeal, a lawyer is compulsory, with exceptions, and judicial officer or expert costs may still be added Source [6]. The first‑instance judgment is, as a rule, provisionally enforceable during the appeal Source [6]. The party ordered to pay therefore pays without waiting for the appeal ruling, unless otherwise provided Source [6].

Duration sets the pace of payments. On a time basis, the lawyer sends an invoice with a statement of the work done and the time spent, at the agreed intervals Source [12]. Under a fixed fee, the base fee is paid in successive instalments Source [3]. The average durations published by the French Ministry of Justice appear in our article on how long civil cases take. A settlement can end the dispute at any stage, as our article on settlement explains.

The budget of a funded case.

In litigation funding, a third party pays the lawyer’s fees and is paid out of the sums recovered, only if the case succeeds. Before committing, Hello Justice compares the amount at stake with the cost of the proceedings, then examines the opposing party’s ability to pay and the likely length of the dispute.

Signed by the client, their lawyer and the funder, the tripartite agreement sets the lawyer’s fees and their schedule. Hello Justice pays them on the agreed dates, and the client does not advance them. The commission rate is set before any commitment and does not change afterwards. The agreement sets out what remains payable by the client, who reads it before committing.

The client thus exchanges an advance of cash for a share of what they recover. If the case succeeds, the commission reduces the sum the client receives. For a lawyer, a budget drawn up stage by stage prepares this part of the agreement, as our guide to presenting a client’s case to a funder explains.

Hello Justice, the first French company dedicated to mid‑market litigation funding, reviews civil and commercial disputes with at least €100,000 at stake. The online eligibility test and submitting a case are free of charge. Outside the Swiss franc loan programme, the case analysis that precedes any funding costs €1,500 excluding VAT (€1,800 including VAT), whatever the opinion. For an accepted case, Hello Justice pays the lawyer’s fees and receives a commission of 30% of the sums recovered (including VAT for an individual, excluding VAT for a business), only on success. If the case is lost, the client repays nothing, and the agreement settles how the procedural indemnity under article 700 is handled. A Swiss franc loan is checked free of charge, and the programme, in French, has its own terms.

Frequently asked questions.

Is a fee agreement compulsory for a business?

Yes. The Act of 31 December 1971 requires it of the lawyer whoever the client is, except in urgency, force majeure or work under the legal aid scheme Source [1]. Its absence does not deprive the lawyer of payment for the services provided, according to Service-public.fr Source [4].

Can a lawyer charge more than the amount agreed?

The agreement covers the foreseeable work Source [1]. The CNB’s fixed‑fee model provides for additional fees for work the agreement does not cover, and an amendment if there is an appeal Source [3]. The lawyer regularly informs the client of changes in the amount Source [11], and a disagreement goes to the bâtonnier Source [4].

Does the losing party pay the winner’s legal fees?

It bears the court costs in principle, and these do not include freely agreed fees Source [2] Source [5]. For those fees, the court awards the winner the sum it determines under article 700, and may award nothing Source [2].

Who pays for a court‑appointed expert?

The party the court designates pays the deposit into the court registry Source [2]. The expert’s fee forms part of the court costs, which the losing party bears in principle at the end of the case Source [2].