Question 1

Who will process my file?

Accepted Answer

A specialized lawyer. All legal issues as well as your personal data will be handled by the lawyer in charge of your file. KIKLEGAL is in charge of ensuring the smooth functioning of the platform, of the communication to inform a maximum of citizens.

Question 2

How much does it cost ?

Accepted Answer

Much less than if you took a lawyer alone for the same action!  The economic model of our platform is based on the mutualization of the costs of the procedure between the claimants of the collective action (attorney’s fees, bailiff’s fees, prices of expert reports, etc.). In other words, the participants of a collective action share the costs which is a real advantage!  https://www.kiklegal.com/participants

Question 3

What is a collective action?

Accepted Answer

The collective action allows you to gather behind the same lawyer to challenge illegal or abusive practices and seek redress or compensation for damages suffered.  Unlike class actions, collective actions have the advantage and allow litigants to retain their freedom of action and to obtain damages on an individualized basis.  This is possible because collective actions bring together a number of similar individual actions.

Question 4

What are the differences between "collective action" and "class action"?

Accepted Answer

THE COLLECTIVE ACTION:  A collective action is a group defence. There are as many individual applications as there are applicants, but the same lawyer manages these different procedures. Interest: in the amicable phase, collective action increases the chances of obtaining damages and interests.  During the litigation phase, since disputes concern similar issues, the research and drafting of arguments is reduced for each file (since it is mutualized). Another environmental interest, for example, may be to mutualize the cost of the expertise needed to demonstrate the harmful event or the harm or causal link between these two elements.  Ex: I have lung disease because of a malfunctioning incinerator near me. My neighbours have lung disease. I can request an analytical report attesting to the causal link between this pathology and the inhalation of toxic dust resulting from waste incineration.  This report may be used by each applicant to demonstrate the responsibility of the incinerator operator.  The collective action is possible in terms of liability, before the civil court (when it is a company that is at the origin of the damage) but also before the administrative court (when it is a public person who is at the origin of the damage), or before the criminal court (when the fact at the origin of your damage is a crime or a felony).   THE CLASS ACTION:  The class action, is a specific procedure provided by law, which allows an association or trade union to exercise on behalf of several persons a legal action against the authors of a damage Attention, it is not just any association: the law provides that only certain associations can carry such actions (approved or existing for more than 5 years in particular). These actions carried out by associations or unions are only possible in certain areas, in particular consumption, the environment and health.  The disadvantage: it involves going through a third party (strictly defined) who centralizes the appeals. Moreover, it does not always make it possible to individualize the damage. It also deprives the plaintiffs of their autonomy (if the association bringing the action decides to accept the amicable agreement or not to appeal the judgment, the plaintiffs are obliged to comply with this decision).

Question 5

What actions can I take via this platform?

Accepted Answer

You can take actions in all areas (environment, health, consumption, discrimination, personal data, etc.), provided that they meet 2 conditions: they must be able to become collective This will not be the case, for example, with a request for divorce or a dispute with a neighbor. The person who harms you must have caused other victims. they must be admissible in court Unlike petitions, for example, you must have a very personal interest in acting, you must be on time, and your action must have a legal basis.

Question 6

Can a legal protection insurance cover the costs?

Accepted Answer

In some insurance contracts, you benefit from a "legal protection" guarantee, which allows you to be defended and represented in certain cases.  You may also have a specific legal protection contract.  In this case, your insurer can reimburse you for the costs of the action. More info here.  Please note that the guarantee generally covers limited areas of intervention (for example road accidents, joint ownership claims, etc.). Be aware that everything depends on the insurance contract and the company. Do not hesitate to call the legal assistance service of your insurance in order to see with them directly, with regard to the subject of the action, if the costs can be covered.  If this is the case, most of the time you just need to send them the invoice, possibly accompanied by the fee agreement, to be reimbursed.

Question 7

What happens if the collective action does not start?

Accepted Answer

Rare but not impossible. If your collective action does not start, KIKLEGAL reimburses all costs to all participants.  The reasons why a collective action cannot start are: it is deemed inadmissible and therefore cannot be accepted. There are not enough participants.

Question 8

Is KIKLEGAL a law firm?

Accepted Answer

No. KIKLEGAL is a startup that focuses on the resolution of disputes and collective disputes, in particular on extra-legal logistical aspects and on communication. File and communication procedures are facilitated through KIKLEGAL. The legal management of the file is ensured by a lawyer who retains his professional independence.   Lawyers are also responsible for examining the legal admissibility (and merits) of proposed actions. They are also the ones who bring legal actions, in particular by providing the legal arguments adapted to each action, by being in contact with you directly, by representing you in court.  Advisory and representation missions are reserved for lawyers.

Question 9

Is the processing of my file confidential?

Accepted Answer

KIKLEGAL undertakes to keep strictly confidential the personal data provided by its users during their registration on the platform. Its data is limited to the use of the communication service. KIKLEGAL does not have access to the data of the participants in a collective action and/or the content thereof, nor to exchanges between the lawyer representing the collective action and its clients.  Lawyers are strictly bound by confidentiality in the context of professional secrecy (ethical obligation).  We invite you to read our privacy policy.

Question 10

How long will my legal action take?

Accepted Answer

It depends on each action.  While it is impossible to tell you at the outset how long the procedure will take, we can nevertheless give you the following information:  As of the filing of the action, KIKLEGAL will study the request for maximum 3 weeks. Then the incubation period begins: a deadline is set to bring together the minimum number of applicants (depending on the actions, this deadline will be 1 to 4 months). At the end of this period, the action is validated and the procedure starts. Your lawyer then takes over and undertakes to make his best efforts to organize the amicable phase as quickly as possible and to obtain a hearing of the case as quickly as possible if a litigation phase is planned in the action.  It is therefore not possible to give a deadline because everything will depend on the action (its complexity, the number of claimants, etc.) and the jurisdiction seized. But our commitment and that of the lawyers is to speed up the procedure as much as possible.  The automation of administrative tasks, and the digitization of certain exchanges between the plaintiffs and the lawyer allow us to save precious time.

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