GENERAL TERMS AND CONDITIONS FOR A LEGAL SERVICE CONTRACT
Law Office LEXPERTS ®
Concerning the legal service contract the following definitions are valid:
- Law Office – Law Office Lexperts, Lidia Siwik PhD and Law Office Marcin Podleś PhD LLM, branch in Wroclaw 51-171, ul. Czajkowskiego 63/1; head office in Trzebnica, 55-100 Trzebnica, ul. Rynek 12/1;
- Client – Contractual partner for whom the Law Office shall provide legal services;
- Jurist – graduate of legal studies, e.g. legal adviser, lawyer, lawyer from abroad or German lawyer;
- General Standard Terms and Conditions – available general Standard terms and conditions for the legal service contract;
- Legal service– all legal services, that has to be served by the Law Office, including: provision of legal advice, writing of legal expertise, writing of draft of a contract or legal act, legal representation or representation in-front of an administrative body, translation of legal texts;
- subject matter of the contract – subject matter of the contract, that is connected to the providing of legal services and that may be defined among other things by the scope of the legal aid, that has to be served, the scope of task of the Law Office, the provided tasks and the real legal circumstances;
- Contract – contract between the Law Office and the Client, because of that the Law Office is obliged to provide services, if the contract is valid;
- Ethics-Code –Ethics-Code of legal advisers, annex to the decision no. 8/VIII/2010 of the Prezydium Krajowej Rady Radców Prawnych [polish Committee of the National Council of Legal Advisers] from 28th of December 2010;
- Legal Adviser Act – Act from the 6th of July 1982 about legal advisers (Journal of Law 2002, no. 123, item. 1059 with changes – pol.: ustawa o radcach prawnych).
II. PRINCIPLES ABOUT THE PROVIDING OF LEGAL SERVICES BY THE LAW OFFICE
- The Law Office provides legal services obeying the necessary care, observing the rules given by the Ethics-Code and the Legal Adviser Act and in harmony with the standards for professional legal aid.
- The way of providing the legal aid service concerning the commission, especially the needed time for every action, is resulting from the kind of commission and the current agreement with the client.
- The legal services served by the Law Office are based on the legal understanding of the relevant legal acts, judicial decisions and specialist literature that are actual in the moment of the provided legal services. Changes in legal acts, court ruling or in practice could influence the legal service’s actuality. The Law Office is not obliged to update the made legal advice concerning later made changes in legal acts, court ruling and interpretation.
- Legal services shall be provided exclusively on the basis of facts connected to the case that are depicted by the client and on bases of the disclosed documents. Just the client is liable for the accuracy and completeness of the disclosed documents or statements.
- The client’s legal representation in proceedings in front of ordinary courts, arbitration tribunals or in front of government agencies, as well as in front of natural and judicial persons or organizational units needs a written document about the power of attorney, that is declared for the Law Office and the legal advisers and lawyers working in it. The Law Office reserves for itself to stop the providing of legal services until the signature of the power of attorney was made and passed to the Law Office.
- Legal services shall be provided just in the area of the valid Polish and European law in the territory of the Republic of Poland. The legal service will be provided as well in the area of German law, if this was mentioned explicitly in the agreement between the Law Office and the Client. If the legal service is partly or completely under another law system than the Polish one, the Law Office is not liable for the provided service.
- The legal service shall take places in the Law Office’s seat, unless the legal service requires another place to be provided because of its kind.
- The Law Office shall be obliged to treat the disclosed or received information about the Client’s firm or other of his financial aspects confidentially. Above-mentioned shall not apply to information that is accessible for general public.
- The Law Office shall be legitimated to disclose the legal service and to mention it in its list of references.
- The Law Office is neither liable for the result of the case nor for the achieving of a certain aim. The Law Office is strictly liable for a factual willful detriment damage, the maximum oft he to paid damages is the by the obligatory liability insurance determined amount
- The legal service is provided in Polish language. It will be possible to provide the service in English or in German language, too, if this is agreed with the Client.
- As long as nothing else is agreed with the Client, administrative actions connected to the legal service provided by the Law Office belong to the legal service’s providing.
III. CONCLUSION OF THE AGREEMENT
- The Law Office and the Client might close the agreement in any way, oral, written or via telecommunication, e.g. internet, phone, fax or email.
- This General Standard Terms and Conditions are component of the contract. In case of deviation of the general Standard Terms and Conditions and the agreement’s content, the contractual provisions take priority.
- The General Standard Terms and Conditions shall be binding the Law Office and the Client, under the condition, that: they are attached to the contract as annex or that they are mentioned in the contract and are delivered to the second party before closing the contract or that they will be mentioned in the contract’s content with reference to the publishing on the webpage of the Law Office, if the contractual partner is no consumer (www.lexperts.pl).
- All changes of these rules, that are given by the General Standard Terms and Conditions, shall be made in written form to be valid, under the provision that nothing else is explicitly allowed by the General Standard Terms and Conditions.
- If the Client is an undertaking, another legal entity or organizational unit, he shall be obliged to give his identification details, in particular the firm, the companies name, the legal form, address, tax number, NIP number, status as taxpayer of Polish VAT or corresponding foreign one, one or more persons, that are authorized to represent and the kind of representation and that he should present a corresponding commercial register extract. A Client, who is a natural Person who is not in business, is obliged to give among other things its name, surname, address, tax number, PESEL number (if allocated), identity card number.
IV. LAW OFFICE’S DOCUMENTS
- The Law Office might grant the Client a look at proposals of a document, that is prepared in the context of the legal service; e.g. advise, information, legal advice, pleadings, paper in the case or rapport, to give the possibility to remark something.
- Till the document is finished and signed, the Client might refer to the proposal. The proposal shall be regarded as not binding.
- Successor versions of the documents might be saved on different mediums.
- In case of differences the interpretation shall be made on base of the signed version of the document.
- The Law Office signs with a save, electronic signature that shall be verified by qualified certificate. A declaration of consent that is signed with this signature by the Law Office, is equal to a written signature under the declaration of consent.
- If the Client sends electronic versions of documents, that contain samples made by the Law Office, to third persons, he shall be obliged to provide the documents with a copyright note with the following wording:
© Law Office LEXPERTS ® Dr. Lidia Siwik, www.lexperts.pl
The name LEXPERTS is protected by trade mark law according to the Prawo własności przemysłowej (Industrial Property Law) made the 30th of June 2000 (Journal of Law 2003, no. 119, numeral 1117 with changes).
V. INVOLVED PERSONS
- Separate tasks and services in context of the contract might be done or provided by Jurists or in case of menial work by other persons, too.
- The Law Office decides by itself about entrusting completely or partly to Jurists separate tasks or services in concerning the contract. The decision shall be taken under consideration of the type of case or the action, dead line, the Jurist’s qualification, as well as the knowledge about the Client’s matter. Concerning the Client’s matter the organization of work on the Client’s case shall optimize the organization and costs concerning the legal service for the client. Separate actions might be entrusted to external specialists, if this will protect the Client’s interest and the Client did not explicitly contradict.
- The Law Office might – if necessary – place the Client with service providers, especially foreign Jurists, notaries, bookkeepers, debt collectors, debt collection companies, sworn translators, that are cooperating with the Law Office or with other third persons (service providers). The Client is obliged to close the contract with the service providers by its own or through the Law Office. The service provider is liable for by him provided services. The Law Office is neither liable for the reasonableness of its choice nor for the provided services.
- During the Legal Commission is valid and three years after its annulment, the Client is obliged to omit to employ the Law Office’s workers or Jurists and to omit to undertake unique or content cooperation in the area of every legal service.
VI. CIRCULATION OF INFORMATION AND DOCUMENTS
- The Client is obliged to cooperate with the Law Office concerning the legal services, which shall mean as well the immediate delivery of all information and documents that are necessary fort the implementation of the contract, as well as he has to ensure that competent representatives will be in direct contact and at the meetings.
- The Law Office acts based on information that were disclosed by the Client and in all other aspects according to the parties’ agreement.
- As long as nothing divergent is agreed, the Law Office is neither obliged to certificate nor to verify information disclosed by the Client.
- The period for providing the contract starts with the needed information’s grant and the presentation of the needed documents.
- In case of missing cooperation on the part of the Client the Law Office might waive itself the obligation to provide the legal service, but shall keep the claim to payment, furthermore the Law Office is relieved from liability because of defective performance or non-performance of the contract. The Law Office might cancel the contract in this case without keeping the period of cancellation, but is keeping its right to compensation, that exists till the moment of cancellation. The Client shall censure currently and written all reservations concerning the Law Office’s procedure or results, otherwise he shall lose all claims or objections concerning this chapter, especially after conclusion of the legal service.
- If the Client wishes so explicitly, the Law Office will currently inform about progress and results of actions made within the context of the agreement and about beard costs.
- The Client shall be obliged to pay remuneration.
- The remuneration might be charged general, hourly, as a fixed amount, under mixed or individual system. Rates are paid for property matters or for proceedings in front of state institutions. In case of doubt:
A. the generalized system shall concern the constant legal service and shall mean monthly payment of remuneration of a certain amount for legal services of this month till a fixed limit of hours;
B. the system of hourly remuneration shall mean the payment of remuneration on the basis of the established effort of hours and factual time that was needed for the legal service;
C. the system of effort shall mean the payment of remuneration of an amount that was fixed before as a part of the agreement;
D. the mixed system establishes the possibility of a combination of the remuneration systems according to point A-C;
E. the individual system allows the remuneration’s adaption to characteristics of the legal service, the content of the agreement and the Client’s needs.
F. in cases of property matters that need a legal service concerning proceedings in front of a Court or of state institutions the remuneration shall depend on the value of the subject matter of the proceedings, the level of difficulty and the number of hearings.
3. The agreement might intend a bonus for the realization of a certain result apart from the remuneration according to the previous point.
4. If there was no system of remuneration explicitly agreed, it shall be assumed, that the remuneration will be charged according to the system of hourly remuneration and according to the general current rates for respective service.
5. In case of all-day deployment outside of the Law Office shall be assumed, that the required working time lasted 10 hours, except for the case that it lasted longer.
6. If the remuneration is charged according to the required working time, the Law Office shall be legitimated to document the working time. The documentation might be agreed with the Client, too. In case of working time’s documentation the Client is legitimated to raise objections or to comment the list within 7 days after receiving the report. The raise of objections or statements that is not in time would not be seen as contesting and the calculation of the bill shall be provided on basis of the mentioned positions in the report. A missing of objections and comments or the declaration not in time shall be seen as acceptance of the report.
7. If the legal service is based on participating in proceedings in front of a Court or in front of a state institution, the remuneration shall be raised by the awarded costs for the legal presentation, unless something else was agreed. The Law Office is legitimated to receive the awarded costs from the liable party and is legitimated to considerate them to the remuneration.
8. In case of providing other, organizational or commercial support connected to the service for the Client, that are not part of subject of the agreement, the remuneration shall be based on factual working time and on the Law Office’s general valid hourly rate for the certain service, unless the parties agreed a deviant hourly rate or other remuneration rules.
9. As long as nothing else was agreed, the Client is obliged to make an advance payment to the amount of 50 % of the contractual remuneration.
10. If the legal service is the Client’s representation in front of the Court or another state institution, the remuneration shall not be under the fixed minimal rate, that amount was established by the order of the Minister of Justice of the 28th of September about the Remuneration of Legal Services and Incurred Expenses by the State Treasury of legal aid provided by the court-appointed legal advisors (Journal of Laws, No. 163, item. 349).
11. The payment of remuneration shall neither depend on their amount nor on the fact, if the Client is imposed to cover the court fees or not.
12. The Client shall not make the reimbursement of costs neither depending on being obliged by the Court to cover it, nor on the possibility of receiving reimbursement of costs from the other side.
VIII. FEES, COSTS AND EXPENSES
1. The Client is obliged to pay by himself all fees and other payments to Courts, state institutions, service providers and other persons, if it is necessary for providing the legal service.
2. The Client is obliged to reimburse the expenses, paid by the Law Office, amongst them fees and costs connected to the legal service, in particular:
- business trip expenses connected to the commission that takes place somewhere else than in the Law Office’s seat,
- costs for general / not authenticated and authenticated translations,
- department’s fees, stamp taxes and court fees that were paid in connection with the commission.
3. Costs for calls, copies and correspondence might just be charged, when they are substantially higher than costs are normally in comparable commissions.
4. The reimbursement of business trip expenses occurs as follows:
a) in case of car journey: petrol costs, road and parking fees;
b) in case of train journey: tickets for first class and cab journey to the place of the legal service (court, department, meeting place);
c) in case of plane journey: economy class ticket, if the flight time is under five hours, or a business class ticket, if the flight time is longer than five hours, cab journey to the place of the legal service
d) in case of overnight stay: costs for the overnight stay for every person in a single room, at least in a three-hotel.
5. The parties might agree about an advance amount for the Law Office to cover future foreseeable expenses and costs, in particular court and department fees that are connected to the legal service.
6. If timely payment of advances, remuneration or other payment amounts, the Client obliged him before, fail to come in, the Law Office is deliberated from every liability for the consequences of violated proceeding rule and for the consequences of non-performance or defective performance.
IX. PAYMENT DEAL
- As long as nothing divergent was agreed, all payments for the Law Office have to be transferred in Zlotys to the bank account no. PL16 1050 1575 1000 0090 6515 2887 or in Euro to the foreign currency account no. PL13 1050 1575 1000 0090 7003 1944, ING Bank Śląski (SWIFT: INGPBLPW).
- All payments to the Law Office will be raised to the amount of value-added taxes.
- The Client settles the bill based on the issued by the Law Office invoice with value-added taxes identification (polish Faktura VAT). The Law Office declares to be an active value-added taxpayer and that it is legitimated to issue VAT-invoices.
- The Client may authorize the Law Office to issue VAT-invoices without his signature and accepts the issuing of VAT-invoices with electronic signature.
- The Law Office guarantees an appropriate safekeeping of original texts that were received during the legal service in certain matters.
- The Law Office shall send to the Client, if he asks for it in a written form, all originals of all signed documents, that are at the Law Office’s seat and that were drawn up connected to the certain matter.
- The Client shall have the right to use and copy all documents that were issued by the Law Office connected to the subject of the contract.
- The Law Office transfers no exclusive or absolute rights to the subjects of those rights, which came into being in connection with the contract or by its circumstances (in particular the rights to the invention proposals, technology improvement designs, works, data bases, individual designations). The Law Office is entitled to those rights. The Client is obliged to keep confidentiality according to present rules regarding the ideas, conceptions, assumptions, sketches, projects, plans or other elements of the exclusive or absolute rights subjects, which aren’t protected by this kind of legal protection.
- As long as nothing else was agreed, the Law Office shall be legitimated to use all drew documents connected to the performance of the contract as a basis for the performance of a contract for other clients.
- The Law Office might use intellectual property as well as original ideas, that are developed connected to the contract, if it is providing legal services for others, and if they are not violating the duty to confidentiality towards the client.
- The Law Office shall hand over all documents that are connected to the fulfillment of the contract to the clients, if he demands for it.
- The Law Office is entitled to destroy all documents, that are in its opinion not needed anymore from the legal point of view, if the client refused its collection and it was not agreed to keep them for remuneration.
- The Law Office shall not destroy documents, that were given to it by the client for keeping them.
- The Law Office and the persons acting on its behalf might contact electronically the client, his personnel, advisers and other persons acting on his behalf or for.
2. The client is responsible for risks, that could result of this way of communication (among this: delay, phishing, unauthorized access to these correspondences, or the risk of viruses), unless the damage is a result of gross negligence or intent of the Law Office or one of the persons acting on its behalf.
3. The Law Office and the client agree to stay responsible for the protection and security of their systems on their own.
XII. CONFLICT OF INTERESTS
1. The parties are obliged to inform immediately about all facts that could bring the Law Office into a conflict of interests in the meaning of the Ethics-Code (conflict of interests).
2. In the moment of considerable probability of a conflict of interests the Law Office shall undertake all necessary measures according to the Ethics-Code to avoid the conflict of interests.
3. The Law Office shall undertake all measures with the highest effort, that the client’s interests will not be touched by the conflict of interests.
4. If it doesn’t come out of the code of conduct from the Ethics- Code, providing the legal services to the client based on the contract should not restrict providing the legal services by the Law Office to other persons using services.
5. In case of a conflict of interests between the client and another person that enlists the Law Office’s services, the Law Office shall be obliged to ensure the providing of the legal service for the client and other persons, to protect the client’s legal interest completely, in particular by Law Office intern proceedings concerning confidentiality. The Law Office reserves the right to end the providing of the legal service for both parties.
XIII. PROFESSIONAL AND BUSINESS CONFIDENTIALITY
1. The Law Office shall be obliged to maintain silence about all information reserved during providing the contract. All information disclosed by the client that is not in public shall be treated confidentially. In particular the commission conditions shall be strictly confidential and shall not be disclosed without written consent of both parties subject to below mentioned exceptions.
2. If the Law Office, its employees or other persons acting on its behalf are obliged to disclose towards the competent authority information concerning the client, the Law Office shall inform the client about the possible request and the obligation to disclose in the way it shall be allowed and executable.
3. The Law Office shall and will neither use for its own purpose confidential information received from the client nor confidential information received from third persons for the client’s purpose.
4. All information inaccessible for public that the Law Office or the persons acting on its behalf received by the client or by persons acting on his behalf shall be seen as confidential. This covers particular proposals, offers, specifications, sketches, drafts, documents, rules, technologies, methods, plans or scenarios on plots, procedures, ideas, concepts or performances, guidelines, advice, recommendations, interpretations as well as subjects of sole or absolute rights. Above written terms affect information, too, that the Client or one of the persons acting on his behalf received from the Law Office or from persons acting on its behalf in the context to negotiation, completion of the contract (in particular in form of announcement, invitation ad offerendum or negotiation with invitation) as well as such information, the client received without paying remuneration.
5. The client shall not use the information he received from the Law Office or from the persons acting on its behalf for the purpose of third persons, in particular the client shall not use information in the Law Office favour, also by influence the competitions offers.
XIV. CANCELLATON OF CONTRACT
1. The client might cancel the contract within a two weeks lasting period of cancellation with a written announcement. The parties might agree about a divergent period of cancellation.
2. The Law Office might decide about cancellation of contract and omission of following legal services because of reasonable reasons. This shall be made by written announcement to the client and according to valid law rules and the Ethics-Code within a statutory period of cancellation.
3. In case of cancellation the client pays remuneration to the Law Office as well as expenses connected to the contract, that were paid till the moment of omission of legal services by the Law Office.
4. The available General Standard Terms and Conditions shall be valid after cancellation of contract.
XV. FINAL PROVISIONS
1. The Law Office and the client engage each other mutually to end up amicably by means of negotiation all disputes or claims, that could be a result of this contract or be at least connected to the contract.
2. If the entered negotiations stay unsuccessful, all disputes that are a result of this contract or are concerning it, in particular connected to the validity and effectiveness, shall be decided by the Court that has jurisdiction over the case in the place where the Law Office’s seat is, unless the parties agreed on something else.
3. The available General Standard Terms and Conditions shall be subject to Polish law and shall be interpreted according to Polish law.