GTC
General Terms and Conditions of the Law Firm OC Kanzlei Oberndörfer (hereinafter: "Lawyer").
I. Fee information
Pursuant to Section 49 (5) BRAO, it is pointed out that the lawyer's fees incurred are calculated according to the value in dispute, unless a remuneration agreement has been made pursuant to Section 4 RVG.
If a fee calculated on the basis of time spent is agreed, this will not be offset against statutory fees incurred in the same matter. Likewise, the remuneration for pre-litigation work in civil matters calculated on the basis of time spent will not be offset against the procedural fee no. 3100 VV RVG and comparable fees. In court matters, the statutory fee in accordance with the German Lawyers' Fees Act (RVG) shall apply as the agreed minimum fee.
The client is advised that, even in the event of a successful outcome, the amount of remuneration due under such an agreement may not be covered by a legal expenses insurer or opponent, but may only be reimbursed to the extent of the statutory standard fees.
If such a remuneration agreement exists, the payment of the individual invoice claims is independent of the delivery of any expert opinion to be prepared.
The client is advised that in labor court disputes out of court and in the first instance there is no entitlement to reimbursement of lawyers' fees or other costs. In such proceedings, each party shall bear its own costs regardless of the outcome. This also applies in principle to costs in voluntary jurisdiction proceedings.
II Subject matter of legal advice and representation
The lawyer's advice and representation in legal matters relates exclusively to the law of the Federal Republic of Germany. Tax advice and/or representation is not owed. If the legal matter involves foreign law, the lawyer shall point this out in good time. The client shall have the tax implications of civil law arrangements examined by a competent third party (e.g. specialist tax lawyer, tax consultant, auditor).
The lawyer shall be entitled to call in expert third parties to handle the mandate. Any additional costs arising from this must be agreed with the client in good time.
III Duties of the lawyer
1. legal examination
The lawyer shall be obliged to conduct the mandate with due care. He shall inform the client appropriately about the result of his work to the extent instructed in each case.
2. confidentiality
Under professional law, the lawyer is obliged to maintain confidentiality. This obligation relates to everything that is disclosed to him within the scope of the mandate by
is entrusted to the client or otherwise becomes known. In this respect, the lawyer shall have the right to refuse to give evidence. The lawyer may only disclose the existence of a mandate and information in connection with the mandate to third parties, in particular authorities, if the client has previously released him from his duty of confidentiality.
3. custody of funds
The lawyer shall hold monies received for the client in trust and - subject to Clause 7 of these Terms and Conditions - pay them out to the office designated by the client immediately upon the client's written request.
4. data protection
The lawyer shall take all proportionate and reasonable precautions against loss and access by unauthorized third parties to the client's data and shall continuously adapt them to the current state of the art.
IV. Liability/Limitation
The lawyer's liability for simple negligence is limited to the amount of EUR 250,000.00 covered by the insurance.
The limitation of liability does not apply to damages caused intentionally or by gross negligence, or to damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the lawyer.
A breach of duty by the lawyer is equivalent to a breach of duty by a legal representative or vicarious agent.
The limitation of liability applies to the past, present and future
If further liability is desired, individual liability insurance can be taken out at a higher liability sum at the express instruction of the client and at the client's expense.
V. Obligations of the client
In order to ensure the proper and successful handling of the mandate, the client has the following obligations:
1. provision of information
The client shall inform the lawyer comprehensively and truthfully about all facts related to the mandate and provide them with all documents and data related to the mandate in an orderly manner. During the term of the mandate, the client shall only contact courts, authorities, the opposing party or other parties in consultation with the lawyer.
The client shall inform the lawyer immediately of any changes to his address, telephone and fax number, e-mail address, etc. and also of any longer-term absence or other circumstances that make him temporarily unavailable.
2. careful examination of letters from lawyers
The client shall immediately and carefully check the lawyer's letters and pleadings sent to him by the law firm, which have been sent to him in advance as a draft, to ensure that the information contained therein on the facts of the case is truthful and complete. He shall then immediately inform the lawyer whether the letters and pleadings can be sent to third parties in the version submitted to him.
3. legal expenses insurance
If the lawyer is also instructed to conduct correspondence with the legal expenses insurance company, the lawyer is expressly released from the obligation of confidentiality in relation to the legal expenses insurance company. In this case, the client assures that the insurance contract with the legal expenses insurance company continues to exist, that there are no premium arrears and that no other lawyers have been instructed in the same matter.
4. storage and processing of client data
The lawyer shall be entitled to record, store and process the client's data entrusted to him within the scope of the mandate using data processing equipment.
5. informing the client by fax
If the client provides the lawyer with a fax connection, the client agrees, until revoked or expressly instructed otherwise, that the lawyer may send him client-related information via this fax connection without restriction. The client assures that only he or persons authorized by him have access to the fax machine and that he regularly checks incoming faxes. The client shall be obliged to inform the lawyer if restrictions exist, for example if the fax machine is only checked irregularly for incoming faxes or if fax transmissions are only desired after prior notification.
6. informing the client by e-mail
Insofar as the client provides the lawyer with an e-mail address, the client revocably agrees at any time that the lawyer may send him client-related information by e-mail without any restrictions. Otherwise, Section 5 of these Terms and Conditions shall apply accordingly. The client is aware that only limited confidentiality is guaranteed for unencrypted e-mails. If the client has the technical prerequisites for the use of signature procedures and encryption procedures and wishes to use them, he shall inform the lawyer accordingly.
7 Obligation of the client to pay; assignment
The client is obliged to pay reasonable advance payments upon the lawyer's request and the lawyer's full remuneration at the latest upon completion of the mandate. This shall also apply if there are claims for reimbursement of costs against legal expenses insurance, the opposing party or third parties. The Client assigns to the Lawyer all claims for reimbursement of costs by the opposing party, legal expenses insurance or other third parties in the amount of the Lawyer's fee claim. The latter shall accept the assignment. The lawyer shall be entitled to offset incoming payments against outstanding fee claims, including those from other matters.
8. file storage and destruction
The client is advised that the lawyer's files, with the exception of the costs file and any titles, will be destroyed five years after termination of the mandate (Section 50 (2) sentence 1 BRAO), unless the client collects these files from the lawyer's office beforehand. Otherwise, Section 50 (2) sentence 2 BRAO applies.
VI Validity of this agreement for future mandates
The above Terms of Engagement shall also apply to future mandates, unless otherwise agreed in writing.
VII Final provisions
German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. Only the German-language version of the GTC is legally valid. All other language versions are for translation purposes only. Verbal collateral agreements to these Terms and Conditions of Mandate are not permitted and do not exist. Amendments and supplements to these provisions must be made in writing. The same applies to changes to this written form requirement.
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- Maximillianstrasse 7B
- D-82319 Starnberg
- T +49 8151 55 66 480
- office@oc-legal.de