Terms & Conditions
General terms and conditions of legal consultation and representation
1. SCOPE, INCLUSION
1.1 These General Terms and Conditions of Legal Consultation and Representation (hereinafter “AMBs”) apply to all contracts relating to the giving of advice and/or information including business activity conducted on instruction and litigation by ljh Lindlbauer Rechtsanwälte PartmbB (hereinafter the law firm) to/for the client.
1.2 The scope of application also extends to all future legal relations between the law firm and the client.
1.3 The client’s terms and conditions of business do not apply unless explicitly agreed in writing between the parties.
2. SUBJECT OF THE CONTRACT
2.1 The brief is invariably the agreed activity, not the achievement of a specific successful economic and/or legal outcome. The brief is given to the law firm unless agreed otherwise in a separate written agreement or this is prescribed by law (e.g. criminal cases). The law firm is invariably entitled exclusively to the fee. The activity is allocated among the law firm staff by the law firm in accordance with the law firm’s in-house distribution of business by field of law. Any indications of responsibility from the law firm are of a purely informative nature and without obligation.
2.2 Information, advice and explanations given by the law firm over the telephone are not binding unless confirmed in writing.
2.3 The law firm carries out every brief with the utmost diligence in conformity with the rules of professional conduct and professional guidelines applicable to it and always focusing on the client’s individual situation and requirements.
3.1 The remuneration of the law firm is determined by the current version of the Lawyers’ Fees Act (RVG) applicable to it, unless in an individual case a different written agreement is entered into (consultancy agreement or remuneration agreement). Unless agreed otherwise, besides the fee payable the law firm is entitled to reimbursement of its expenses and statutory Value Added Tax. Details of the method of payment are contained in the provisions of the RVG or the individually concluded agreement.
3.2 Under no. 7000 VV RVG the client is also required to reimburse the costs of pertinent duplicates and photocopies even if they are not additional duplicates and photocopies as defined in law.
3.3 The client’s attention is drawn to the fact that billing is based on the value of the matter in dispute, unless agreed otherwise in writing.
3.4 All fees payable become due when invoiced and are payable immediately without deductions.
3.5 Multiple clients (individuals and/or legal entities) are jointly and severally liable for payment of the law firm’s statutory or agreed remuneration.
3.6 The law firm is entitled to bill monthly or quarterly.
4. CORRESPONDENCE, DUTY OF NON-DISCLOSURE, DATA PROTECTION
4.1 If the client communicates a fax number, the law firm is entitled to transmit information relating to the brief by fax without restriction, unless the client expressly objects to this.
4.2 The law firm is also entitled to communicate with the client and/or third parties by e-mail. The law firm wishes to point out that when communicating by e-mail or comparable means of communication the confidentiality of the content of the correspondence cannot be guaranteed in a way comparable with correspondence by post. When data are sent by e-mail over the Internet this may result in losses of data, computer viruses can be transferred unnoticed, or other Internet users may become privy to the content of the e-mails. Therefore, should the client not wish to have any communication by e-mail for security considerations, the law firm must be notified to this effect in text form (in writing, by e-mail, by fax).
4.3 The law firm and its staff are obliged with no time limit not to disclose any of the client’s information to which it becomes privy in connection with the brief. The client declares that he agrees to the law firm communicating the client’s information in the performance of the brief to third parties bound by professional practice and ethics to non-disclosure (e.g. chartered accountants, tax consultants, foreign solicitors) provided the law firm regards this as necessary in the performance of the brief. Above and beyond that the client’s information must not be passed on to other third parties that are not engaged in performing the brief without the client’s consent.
4.4 The law firm is authorised to collect, store and process the client’s personal data entrusted to it for the specific purpose of the brief in compliance with the provisions of data protection legislation. Insofar as legally required by the nature of the brief, the law firm is authorised to ascertain the name, date of birth, place of birth, address and type, number and issuing authority of the identity card or passport of the client, to put them down in writing and keep these records for six years.
5.1 Before and during the handling of any matter the client will inform the law firm of all the circumstances of which he is aware that could be relevant to the amount of any loss or damage.
5.2 Should a matter present a recognisable risk of loss or damage exceeding the amount of EUR 5 Million, the parties shall come to an agreement on whether separate third party liability insurance is to be taken out for this matter in the amount of the risk of loss or damage. In such a case the client bears the cost of the increased insurance premium.
5.3 The law firm does not give advice on legal questions pertaining to a foreign legal system. By way of precaution, liability for legal questions in matters of foreign law or the advice of third parties is excluded.
5.4 If the law firm brings in third parties the law firm is liable only for gross negligence and wilful intent in selecting the third parties.
6. CANCELLATION OF THE CONTRACTUAL RELATIONSHIP
6.1 The contractual relationship can be cancelled by the client at any time in writing with effect from the time the communication is received.
6.2 The law firm is also entitled to the right of cancellation, although the brief cannot be terminated at an inopportune moment unless the relationship of trust required for the brief to be handled is permanently destroyed. The law firm’s duty to keep all documents with which the client or a third party has furnished the solicitors for the purpose of carrying out the brief ends 5 years after the termination of the brief. If documents are posted this can be to the last address notified. The risk of sending by post is borne by the client, unless he objected to the dispatch and bindingly undertakes to collect the documents promptly.
7. ASSIGNMENT BY WAY OF SECURITY
7.1 The client assigns by way of security to the law firm in the amount of the fee payable all claims for reimbursement and other pecuniary claims to which the client is entitled arising from the contractual relationship against the opposing party or the treasury. The law firm will not collect the claim for reimbursement or pecuniary claim provided the client fulfils his payment obligations, in particular does not refuse payment or default on payment, and no application is made to institute insolvency proceedings for his assets.
7.2 The law firm is authorised to offset incoming reimbursements and other payments to which the client is entitled that it receives against outstanding fees or services still to be billed.
8.1 Set-off against the law firm’s receivables is admissible only with uncontested claims, claims established in law or claims ready for decision. The client is not permitted to assign rights arising from the contractual relationship with the law firm without prior consent in writing.
8.2 All contractual relations between the parties are subject solely to German law excluding principles on conflicts of private international law.
8.3 The sole place of jurisdiction for all disputes arising from the contractual relationship is Munich.
8.4 Amendments and supplements to these terms and conditions as well as an amendment to this provision require the statutory written form and must also be expressly marked as such.
8.5 Should the AMB be partially invalid this shall not affect the validity of the rest of the AMB.