Terms and Conditions for Legal Services
§ 1 Scope of Standard Terms and Conditions for Legal Services
1. The following standard terms and conditions for legal services shall apply to all agreements the subject of which is the provision of advice and information by the Lawyers of BREUER LEHMANN RECHTSANWÄLTE PartmbB, Steinsdorfstrasse 19, 80538 München (hereinafter: „the Lawyers“), to the Client, including agency business and litigation.
2. Provided that the Client is an entrepreneur, these standard terms and conditions for legal services shall also apply to all future legal relationships. Any terms and conditions of the Client shall apply only upon express prior written agreement.
§ 2 Client-Lawyer Relationship, Subject Matter of the Assignment
1. The client-lawyer relationship shall come into existence upon confirmation of the accepted assignment being provided by the Lawyers. Discharge of the assignment by the Lawyers shall in this respect be treated as equivalent to an express confirmation of the assignment.
2. The scope of the client-lawyer relationship shall be limited by the Client’s specific assignment. Any collateral agreements shall require written form to become effective.
3. The Lawyers shall be obligated to apply for judicial remedy or lodge appeals only upon receipt and acceptance of a written assignment to this end.
4. The Lawyers shall guarantee compliance with the Rules and Regulations for the German Bar (Bundesrechtsanwaltsordnung (BRAO)) as well as with the Professional Code of Conduct for Lawyers (Berufsordnung (BORA)) and any other relevant legal provisions.
§ 4 Liability, Limitation of Liability
1. The Lawyers shall be liable to the Client for any damage caused by intent or gross negligence by themselves or their staff, regardless of the legal ground.
2. The Lawyers’ liability on the basis of the client-lawyer relationship for damages caused by slight negligence shall herewith be limited to Euro 10 million (10.000.000 €). This limitation shall not apply in the event of gross negligence or intentional causing of damage and, furthermore, neither to liability for personal injury.
3. The Lawyers have taken out third party liability insurance exceeding the legally required minimum. On the Client’s request and expense, additional further insurance may in particular cases be taken out.
§ 5 Client’s Duty to Cooperate
The Client shall inform the Lawyers completely and in detail on any facts and circumstances known to him/her the knowledge of which is indispensable to the Lawyers for handling the matter.
§ 6 Fees, Offsetting
1. The compensation to be paid to the Lawyers is based on the German Lawyers’ Compensation Act (Rechtsanwaltsvergütungsgesetz – RVG), unless a differing written agreement (consultancy contract, compensation agreement) is in a given case entered into. Hourly rates will be charged per 15-minute periods or part thereof.
2. In case settlement is in accordance with the RVG, the basis of accounting shall generally be the value of the matter in dispute.
3. The Lawyers shall be authorised to ask for reasonable advance payments.
4. All professional charges shall be due upon invoicing, payable immediately free of deductions. Money orders as well as checks and notes shall be accepted only with all collection and discount costs charged and will be deemed performance of the payment claim only if the amount is turned into cash available to the Lawyers without any restriction.
5. The Client shall be permitted to offset any counterclaims with claims by the Lawyers (fees and expenses) only in the case of undisputed claims or claims recognised by declaratory judgment.
§ 7 Assignment for Security, Offsetting with Unpaid Claims
1. The Client shall assign all claims to payment of his/her cost of the proceedings arising from the client-lawyer relationship to the Lawyers for security purposes, authorising them to inform the party liable for payment of such assignment on behalf of the Client. The Lawyers will not collect the claim to payment as long as the Client meets his/her payment obligations.
2. The Lawyers may offset any incoming reimbursement and other payment amounts due to the Client with any unpaid fees or services yet to be invoiced in so far as this is permitted by law.
§ 8 Professional Confidentiality, Data Protection
1. The Lawyers shall for an indefinite period of time be obligated not to disclose any information or business secrets of the Client coming to their knowledge in connection with the client-lawyer relationship. Any dissemination to third parties not involved in the performance of the assignment shall only be permitted with the Client’s consent.
2. The Lawyers shall be authorised to collect, record and process the Client’s personal data within the scope of the purpose of the assignment, taking account of data protection regulations.
3. The Lawyers refer to the fact that a loss of confidentiality and security is inherent in rapid and uncomplicated communication by facsimile and e-mail.
§ 9 Miscellaneous
1. The Client shall be allowed to assign any rights from the client-lawyer relationship only with the Lawyers’ prior written consent.
2. All contractual relationships between the parties shall be governed exclusively by the law of the Federal Republic of Germany.
3. The legal venue shall be 80538 Munich / Germany, provided that the Client is a merchant, a legal person under public law or separate funds under public law. The Lawyers shall in this respect be authorised to sue the Client even at the latter’s general place of jurisdiction.
MUNICH, September 22nd, 2017
BREUER LEHMANN RECHTSANWÄLTE