GENERAL TERMS OF ENGAGEMENT OF Attorney Patrick Onyemaechi Kainz
1.1. The terms of engagement apply to all activities and judicial/official as well as extrajudicial acts of representation that are carried out in the course of a contractual relationship between Kainz Kamp Rechtsanwält:innen OG (hereinafter “law firm”) and the client (hereinafter also “mandate”) .
1.2.The order conditions also apply to new mandates, unless otherwise agreed in writing.
2. ORDER AND AUTHORITY
2.1. The law firm is entitled and obliged to represent the client to the extent that this is necessary and expedient to fulfill the mandate. If the legal situation changes after the end of the mandate, the law firm is not obliged to inform the client of changes or the consequences resulting therefrom.
2.2. The client must sign a written power of attorney for the law firm upon request. This power of attorney can be aimed at carrying out individual, precisely defined or all possible legal transactions or legal acts.
3. PRINCIPLES OF REPRESENTATION
3.1. The Law Firm shall carry out the representation entrusted to it in accordance with the law and represent the rights and interests of the client towards everyone with zeal, faithfulness and conscientiousness.
3.2. The law firm is generally entitled to perform its services at its own discretion and to take all steps, in particular to use means of attack and defense in any way, as long as this does not contradict the client’s order, conscience or the law.
3.3. If the client gives the law firm an instruction, compliance with which is based on the law or other professional regulations (e.g. the “Guidelines for the Practice of Lawyers”[RL-BA] or the case law of the Supreme Appeal and Disciplinary Commission for Attorneys and Associates[OBDK] ) based principles of proper professional practice of the lawyer is incompatible, the office has to reject the instruction. If instructions are inappropriate or even disadvantageous for the client from the point of view of the law firm, the law firm must inform the client of the possibly disadvantageous consequences before they are carried out.
3.4. In the event of imminent danger, the law firm is entitled to take or refrain from taking any action that is not expressly covered by the commissioned order or an action that conflicts with a given instruction if this appears urgently necessary in the interests of the client.
4. CLIENT’S OBLIGATIONS TO INFORMATION AND TO COOPERATE
4.1. After the mandate has been granted, the client is obliged to immediately inform the law firm of all information and facts that could be of importance in connection with the execution of the mandate and to make all necessary documents and evidence accessible. The office is entitled to assume the correctness of the information, facts, deeds, papers and evidence provided that their inaccuracy is not obvious. The law firm must work towards the completeness of the facts through targeted questioning of the client and/or other suitable means. Regarding the correctness of additional information, the second sentence of point 4.1 applies.
4.2.During the term of the mandate, the client is obliged to inform the law firm of all changed or newly occurring circumstances that could be of importance in connection with the execution of the order immediately after they become known.
5. CONFIDENTIALITY OBLIGATION, CONFLICT OF INTERESTS
5.1. The law firm is obliged to maintain secrecy about all matters entrusted to it and other facts that have become known to it in its professional capacity, the confidentiality of which is in the interest of the client.
5.2. The law firm is entitled to commission all employees to process matters within the framework of the applicable laws and guidelines, insofar as these employees have been demonstrably instructed about the obligation to maintain confidentiality.
5.3. The law firm is only released from the duty of confidentiality to the extent that this is necessary to pursue claims of the law firm (in particular claims for fees from the law firm) or to defend against claims against the law firm (in particular claims for damages by the client or third parties against the law firm).
5.4.The client can release the law firm from the confidentiality obligation at any time. A client’s release from confidentiality does not release the law firm from the obligation to check whether its statement is in the interests of its client.
5.5. The law firm must check whether the execution of a mandate poses a risk of a conflict of interest within the meaning of the provisions of the Lawyers’ Act.
6. ATTORNEY REPORTING REQUIREMENTS
The law firm shall inform the client to a reasonable extent, verbally or in writing, of the actions it has taken in connection with the mandate.
7. SUB-AUTHORIZATION AND SUBSTITUTION
The law firm can be represented by trainee lawyers or other lawyers or their authorized trainee lawyers (sub-authorisation). If the law firm is prevented from doing so, it may pass on the assignment or individual sub-acts to another lawyer (substitution).
8.1 Unless otherwise agreed, the law firm is entitled to a reasonable fee.
8.2. Even if a lump sum or time fee is agreed, the law firm is entitled to at least the reimbursement amount won by the opponent in addition to this fee, insofar as this can be collected, otherwise the agreed lump sum or time fee.
8.3. To the fee due/agreed with the law firm, the legal amount of sales tax, the necessary and reasonable expenses (e.g. for travel expenses, telephone, fax, copies) as well as the cash expenses paid on behalf of the client (e.g. court fees) are to be added.
8.4. The client acknowledges that an estimate made by the law firm, which is not expressly designated as binding, of the amount of the expected fee is non-binding and not to be seen as a binding cost estimate (in the sense of §5 Para. 2 KSchG), because the extent of the The nature of the services to be provided by the law firm cannot be reliably assessed in advance.
8.5. The client will not be charged for the cost of billing and creating the fee notes. However, this does not apply to the effort that arises from the translation of service specifications into a language other than German, which is carried out at the request of the client. Unless otherwise agreed, the expenses for letters written at the request of the client to the auditor of the client are charged, in which, for example, the status of pending cases, a risk assessment for the formation of provisions and/or the status of outstanding fees as of the balance sheet date are stated.
8.6. The law firm is entitled at any time, but at least quarterly, to submit fee notes and to demand fee advances.
8.7.If the client is an entrepreneur, a properly itemized fee note sent to the client is deemed to have been approved if and to the extent that the client does not object in writing within one month (the receipt of the objection by the law firm is decisive) of receipt.
8.8. If the client is in arrears with the payment of all or part of the fee, the client must pay the law firm interest on arrears at the statutory rate, but at least 4% above the respective base interest rate. Any further legal claims (e.g. §1333 ABGB) remain unaffected.
8.9. All court and official costs (cash outlays) and expenses (e.g. due to purchased external services) can – at the discretion of the law firm – be passed on to the client for direct payment.
8.10. If an order is placed by several clients in a legal matter, they are jointly and severally liable for all claims of the law firm arising from this.
8.11. Claims for reimbursement of costs by the client against the opponent are hereby assigned to the attorney at the amount of the attorney’s fee claim as soon as they arise. The lawyer is entitled to inform the opponent of the assignment at any time.
9. ATTORNEY’S LIABILITY
9.1. The law firm’s liability for incorrect advice or representation is limited to the sum insured available for the specific case of damage, but is at least equal to the sum insured specified in §21a RAO as amended. This is currently €400,000.00 (in words: four hundred thousand euros) and for law firms in the form of a limited liability company €2,400,000.00 (in words: two million four hundred thousand euros). If the client is a consumer, this limitation of liability only applies in the event of slightly negligent infliction of damage.
9.2. According to point 9.1. The applicable maximum amount includes all claims against the law firm due to incorrect advice and/or representation, such as in particular claims for damages and price reduction. This maximum amount does not include the client’s claims for reimbursement of the fee paid to the law firm. Any deductibles do not reduce liability. According to point 9.1. applicable maximum amount relates to an insured event. If there are two or more competing injured parties (clients), the maximum amount for each individual injured party is to be reduced in proportion to the amount of the claims.
9.3. If a law firm is commissioned, the limitations of liability according to point 9.1 apply. and 9.2. also in favor of all lawyers working for the company (as its shareholders, managing directors, employed lawyers or in other functions).
9.4. The law firm is only liable for third parties (in particular external experts) commissioned with the knowledge of the client to provide individual partial services, who are neither employees nor shareholders, in the event of fault in selection.
9.5. The law firm is only liable to its client, not to third parties. The client is obliged to expressly inform third parties who come into contact with the services of the law firm due to the client’s actions.
9.6. The law firm is only liable for knowledge of foreign law in the event of a written agreement or if it has offered to examine foreign law. EU law is never considered foreign law, but the law of the member states is.
10.STATUTE OF LIMITATIONS/PRECLUSION
Unless a shorter limitation or preclusive period applies by law, all claims (if the client is not an entrepreneur within the meaning of the Consumer Protection Act, but not warranty claims) against the law firm lapse if they are not submitted by the client within six months (if the client is an entrepreneur within the meaning of the Consumer Protection Act) or be asserted in court within one year (if the client is not an entrepreneur) from the time at which the client became aware of the damage and the person responsible for the damage or of any other event giving rise to the claim, but no later than five years after the damage-causing ( claim-provoking) behavior (violation).
11. CLIENT’S LEGAL PROTECTION INSURANCE
11.1. If the client has legal protection insurance, he must inform the law firm immediately and submit the necessary documents (if available). Irrespective of this, the law firm is also obliged to obtain information on whether and to what extent legal protection insurance exists and to apply for legal protection cover.
11.2. The notification of legal protection insurance by the client and the obtaining of legal protection cover by the law firm does not affect the law firm’s fee claim against the client and is not to be regarded as consent of the law firm to be satisfied with the fee paid by the legal protection insurance. The law firm must inform the client of this.
11.3. The law firm is not obliged to claim the fee directly from the legal protection insurance, but can request the entire fee from the client.
12.TERMINATION OF MANDATE
12.1. The law firm or the client can terminate the mandate at any time without observing a deadline and without giving reasons. The fee claim of the law firm remains unaffected.
12.2. In the event of dissolution by the client or the law firm, the latter still has to represent the client for a period of 14 days to the extent that this is necessary to protect the client from legal disadvantages. This obligation does not exist if the client revokes the mandate and expresses that he does not wish the law firm to continue working.
13. RELEASE OBLIGATION
13.1. Upon termination of the contractual relationship, the law firm must return the original documents to the client upon request. The law firm is entitled to keep copies of these documents.
13.2. If the client requests documents (copies of documents) again after the end of the mandate, which he has already received as part of the mandate processing, the costs are to be borne by the client.
13.3. The law firm is obliged to keep the files for a period of five years from the end of the mandate and to hand over copies to the client during this time if required. Point 13.2 applies to bearing the costs. If longer legal periods apply for the duration of the retention obligation, these must be observed. The client agrees to the destruction of the files (including original documents) after the retention period has expired.
14. CHOICE OF LAW AND JURISDICTION
14.1. The terms of engagement and the client relationship regulated by them are subject to substantive Austrian law.
14.2. For legal disputes arising from or in connection with the contractual relationship regulated by the terms of the contract, including disputes about its validity, the exclusive jurisdiction of the competent court at the registered office of the law firm is agreed, unless this is opposed by mandatory law. However, the law firm is entitled to bring claims against the client at any other court in Germany or abroad in whose district the client has his registered office, place of residence, a branch or assets. For clients who are consumers within the meaning of the Consumer Protection Act, the place of jurisdiction regulation of Section 14 of the Consumer Protection Act applies.
15.1.Changes or additions to these terms and conditions must be made in writing to be valid, unless the client is a consumer within the meaning of the Consumer Protection Act.
15.2. Declarations by the law firm to the client are deemed to have been received if they are sent to the address given by the client when the mandate was given or to the changed address given in writing afterwards. Unless otherwise agreed, the law firm can correspond with the client in any way it deems appropriate. Statements to be made in writing under these terms and conditions can also be made by fax or e-mail unless otherwise agreed. Unless otherwise instructed in writing by the client, the law firm is entitled to handle e-mail traffic with the client in non-encrypted form. The client declares that he is aware of the associated risks (in particular access, confidentiality, changes to messages during transmission) and that he is aware of these risks and agrees that the e-mail traffic will not be carried out in encrypted form.
15.3. The client expressly agrees that the law firm processes, transfers or transmits the personal data relating to the client and/or his company (in the sense of the Data Protection Act) to the extent that this is necessary and expedient to fulfill the tasks assigned to the law firm by the client or itself resulting from legal or professional obligations of the law firm (e.g. participation in electronic legal transactions, etc.).
15.4. The invalidity of one or individual provisions of these order conditions or the contractual relationship regulated by the order conditions does not affect the validity of the remaining agreement. The contractual partners undertake to replace the ineffective provision(s) with a provision that comes as close as possible to the economic result.
Kainz Kamp Rechtsanwälte:innen OG