Choosing the right lawyer in Monaco
Check your insurance policy as sometimes legal protection is included to cover lawyers' fees - © Étude Régis Bergonzi
If you are not entitled to a free lawyer, and you need legal representation, here is what you should consider when choosing one.
As a first priority, we advise you to find out if you may are entitled, depending on your financial situation, to representation that is paid for by the State in the form of a court-appointed lawyer or legal aid. If the Palais de Justice informs you that this is not the case, or if you would like to choose your own lawyer and pay for the legal costs yourself, here is some advice from Régis Bergonzi, a defence lawyer at the Monaco Appeals Court.
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Who can retain a Monegasque lawyer?
Monegasques, residents, employees, but that’s not all. Many clients, who are not based in Monaco and who have no links with the Principality, hire lawyers in Monaco. This is perfectly acceptable provided that the issue at stake relates to Monegasque law or that the dispute falls within the jurisdiction of Monegasque courts.
How to choose the right lawyer for me?
Being a lawyer is not a commercial profession, so there is very little advertising. It is a field where word of mouth and reputation play a very important role. This can be an advantage or a disadvantage in Monaco. Because the ‘market’ is small, a good reputation can be built up very quickly, but a bad reputation will spread in the same way.
How can I find out each lawyer’s fees?
It is important to find out in advance how much lawyers charge, by asking them clearly what their hourly rate is, and to start off with a consultation. You can also propose a flat fee, which the lawyer may or may not accept. For example, “I want to file for divorce, and pay €5,000.” Depending on their caseload, they may or may not accept, but these are things that can be negotiated at the beginning of the relationship before – this is important- you entrust them with the case. Hourly rates will vary according to the lawyer’s experience, the number of years he or she has been in practice, and even his or her speciality, if he or she has a particularly good command of a certain subject compared to other lawyers.
How much should I budget for?
The budget can vary hugely and does not necessarily reflect the amount at stake. I’ve managed to release over €10 million from a bank account just with a letter. The time spent was negligible compared to the result. It’s important to consider whether it is a dispute that will drag on, or whether it’s a very targeted operation. A water leak in your neighbour’s flat that is staining the paint in your living room is a typical example of the kind of dispute that is extremely long, costly and completely disproportionate to the issue at stake. Because it requires experts’ reports, which also take time and are costly.
Is there a difference between litigation and legal advice?
Yes, people who are involved in litigation will want to choose the lawyer who they think will best argue their case and win their dispute, and the same goes for companies. The advisory side is different, particularly for institutions that need to modify procedures and forms, or that need help to comply with Monegasque law when launching new products on the market. A recent example is a luxury company that manufactures perfumes and needs to know the legislation in force on the alcohol content of perfumes, as this is specific to Monaco.
Can a lawyer refuse a case?
Absolutely, I’ve already turned down a number of cases. It’s important to get a feel for the person, and to want to defend them. It’s human nature to be more interested in one cause than another. You might even make an exception in terms of your fees because the cause is of particular interest or concern to you. For example, as part of a charter set up with the Association d’Aide aux Victimes d’Infractions (AVIP – victim support charity), several lawyers from the Monaco Bar, including myself, have voluntarily offered to assist victims of domestic violence for a reduced fee.
Practical info:
The list of Monegasque lawyers is available online. There are 34 defence lawyers, barristers and trainee lawyers in Monaco. Here is the full list.