photographie Milena Moncheva
Radu Alain DUTA
Barrister at the Luxemburg Bar
Barrister at the Paris Bar (european directive 98/5/CE)
Registered at the Luxemburg Bar since July 8th 2004
LL. M German Law –Humboldt University Berlin
Professional Master in Community Litigations – Robert Schuman University Strasbourg
Master in Business Law – Paris II Pantheon ASSAS
Having court experience, I emphasize being a pleading lawyer, even though the search for negotiated solutions remains my priority task.
I am aware that my clients entrust me with sensitive, high-stake cases. I am vested with their trust and I do everything to deserve it.
My goal is to obtain the best possible result for my client... within the shortest timeline... and at the best possible rate.
This efficiency mission can only be put to work within a powerful and custom lawyer – client relationship in the spirit of ethics and humanity.
In trans-border affairs requiring the intervention of a peer – member of a foreign Bar, whether to ask for a legal opinion, to draft a procedural document or to act before local jurisdictions, I work with peers for whom I can avouch both professional and human qualities. They are lawyers obeying to the rules of good practice with a constant concern for effectiveness.
Mr. Sorin MARGULIS
Attorney at law registered at Paris Bar
Mr. Engin DOYDUK
Attorney at law registered at Metz Bar
Mr. Ionel OLTEANU
Attorney at law registered at the Bucharest Bar
In compliance with article 184.108.40.206 of Lawyers’ Order internal regulations from January 9th 2013, the lawyer’s fees are freely determined by taking into account “the different elements of the case such as the importance and the difficulty of the business at stake, the amount of work supplied by the lawyer himself / herself or by other lawyers from his / her practice, his/her notoriety and his / her professional experience, the result obtained and the client’s financial standing.”
At the beginning of the case, the lawyer is compelled to inform “any new client on the method he/she applies to determine fees and expenses. He/she will constantly inform his/her clients about any change of calculation method. The lawyer will give his / her clients all the useful pieces of information about the application of the retained method.”
I can propose three different types of invoicing to you:
Fee “on a time-spent basis”
Such fee is determined on case closing by simply multiplying the time spent with the hourly rate that will have been agreed from the very beginning. As far as possible, I will indicate the number of expected hours needed to work on the case. I may as well be asked at any time to specify the number of hours actually spent on the subjct case.
In this case, we shall agree on a flat fee which will cannot be subject to modification. In practice, this type of invoicing is preferred for the procedures which are unlikely to present risks (e.g. divorces by joint consent, company formation)
In Luxemburg, contrary to what the practice might be in other countries, such as the US, the convention whereby the lawyer and the client agree that fees are due only if the dispute is won (otherwise called “pactum de quota litis”) is forbidden.
Nevertheless it is possible to agree upon a “minimum” fee (generally a flat fee) to which an “additional” fee is added if a certain result is obtained. This so-called ‘success’ fee may be flat or pro rata the result obtained.
I prefer to agree upon a competitive hourly rate accompanied in most cases by a success fee. This type of invoicing helps establish a reasonable base fee and also encourages the lawyer to act as the client’s partner.
The signing of a detailed fee agreement adapted to the requested services and the optimization of the time spent will spare you of unpleasant surprises.
Tips to lower the rates
When you choose invoicing on a time-spent basis, visits and phone calls will be timed and included in the final invoice. Therefore:
•Call only if you want to provide information which is crucial to your case
•Establish a list of questions or observations in advance
• As far as possible, try to send concise letters and emails: the time spent to read the correspondence will also be taken into account for invoicing;
• Send only the documents needed to manage your case. The time spent to read and sort out documents will be invoiced at full rate.
I remain at your disposal should you have any questions. Send us an e-mail message with a description of your case and your request, along with your contact data (name, first name, email address and telephone number)
Consultations only by appointment