– LITIGATION FEE SCHEDULE –

LITIGATION FEE SCHEDULE

1. FEES AND EXPENSES

1.1 Mata Dona’s fees are charged on time spent and following the principles of the code of conduct of the Brussels Bar. This means that the fee is determined on the basis of a number of factors such as time spent working with the engagement, the complexity and value of the engagement, the skill and experience that the engagement has demanded, possible risks for Mata Dona, time constraints and achieved results. Normally time spent is the most important factor when deciding the fee. Mata Dona’s hourly fees are adjusted on 1 January of each year.

Basic rate:

  • 150 euros per hour for contentious proceedings (+ success fee)
  • 150 euros per hour for consulting services

1.2 Increase of the basic rate in case of emergency: the basic hour rate will be increased by 25% when a service must be rendered in a period shorter than eight working days.

1.3 Success fee: an additional charge payable over and above saved amounts in dispute will be bill in accordance with the following schedule:

  • 5% from 0 to 25.000 euros
  • 3% from 25.000 to 250.000 euros
  • 2% from 250.000 to 2.000.000 euros
  • 1% beyond 2.500.000 euros

1.4 If it is deemed possible Mata Dona can upon request provide an estimate of the total fee for a certain engagement. Such estimates are always based on the information available to Mata Dona at the time of the estimate and are not fixed quotes.

1.5 Agreements of fixed price or models of price other than as described in clauses 1.1 and 1.4 require a separate agreement, which shall have priority over this litigation & consultancy fee schedule if and to the extent the terms and conditions in the two documents are inconsistent.

2. COSTS

2.1 In addition to fees, Mata Dona will bill you for expenses and disbursements, e.g. for travelling, accommodation, courier, authority and database charges as well as other reasonable expenditures arising from the execution of the engagement. Additional expenses may be incurred if Mata Dona at your request engages other advisers, for example foreign lawyers, experts or other external consultants. Mata Dona generally asks such other advisers to invoice you directly for their fee and possible expenses and disbursements.

 

3. DEPOSITS

3.1 Mata Dona generally asks for advance payment of fees and expenses from every new client. Mata Dona may also in other cases request advance payment. Normally no work commences before agreed advance payment has been paid to Mata Dona. The amount paid in advance is used to settle future invoices and the total invoiced amount may be higher than the amount paid in advance.

4. TAXES

4.1 When Mata Dona gives information on fees, expenses or disbursements, the amounts are shown exclusive of value added tax unless otherwise stated. Accordingly, value added tax will be charged where appropriate.

5. INVOICING AND PAYMENT

5.1 Mata Dona normal practice is to invoice on a monthly basis for work carried out during the preceding month. Major disbursements, for example fees for foreign lawyers, may be invoiced separately. On the invoice Mata Dona will indicate which engagement/engagements the invoiced amount refers to with a statement of time spent.

5.2 All invoicing is made in euros. Payment shall, unless otherwise agreed upon, be made at the latest 15 days from the invoice date. Possible objections regarding the invoice are to be made at the latest 7 days from the invoice date.

5.3 In the case of non-payment, interest on the balance owing will be charged according to the Belgian legal interest rate from the due date until receipt of payment. In the event of non-payment Mata Dona also reserves the right to cease working on the engagement.