CONDITIONS GENERALES 2019
TERMS AND CONDITIONS 2019
Une version en langue française est disponible sur demande ; les présentes conditions générales sont présumées acceptées à défaut de demande de version française dans les 48 heures de leur communication.
The present Terms and Conditions applies to all services rendered by all attorneys of the law firms Lexial and Ruchat Lexial and is the basis on which the firm bases its relationships with its Clients. Unless the latter request to have these terms and conditions provided in another language, this English version is presumed to be accepted by the Client as from the day he requests one of our lawyers to deal with a case.
In compliance with Article III.74 of the Belgian Code of economic law and French law, here is some legal information with regards to Lexial:Lexial operates as a company of limited liability under French law, which head office is at 26 avenue de Messine, 75008 Paris, France, devoted to the exercise of the legal profession and having its Belgian office Chaussée de Louvain, 1030 Brussels. In Belgium, the Company is registered at the commerce register under the registration number 839.932.544. In Geneva, the name of the company is Ruchat Lexial, located 22 rue du Général Dufour, 1211 Genève.The professional title is attorney, as is recognized by French, Swiss and Belgian States.You can contact the lawyers at Lexial by phone at the numbers mentioned on www.lexial.eu or via e-mail (firstname.lastname@example.org).
- Broad framework
When a client makes a request for legal advice, information, or legal defence Lexial will send the client a draft of the service contract with regard to what they have requested.Once the client expressly accepts the contract the services can be performed. Payment of the first retainer or the absence of a written protest in the two days following the signing of the contract implies acceptance of these general terms.
- Information obligation and deadlines
If the client is aware of a deadline or an important date they are obligated to inform and to transmit any document(s) or information to their lawyer.The client must agree to send their lawyer all useful and necessary information of their on volition and or at the request of their lawyer.The client is responsible for any damage or inconvenience resulting from the sending of incorrect, incomplete, or invalid documents, objects or information.
- Liability and insurance
Lexial is only liable to the extent by which is covered by the terms of insurance program in professional liability to which Lexial prescribes.Lexial cannot be held accountable beyond the guarantees and the amount covered by the insurance policy.
All cases require a retainer upon the opening of the file and prior to the completion of the case. Administrative costs (such as court fees, bailiff fees, translation fees, etc.) are charged at a price generally equal to 10% of the fees. A new retainer may be required during the case, except in case of flat rate. Unless otherwise agreed upon in writing flat rates and professional fees are calculated based on the number of hours worked multiplied by the hourly rate established by Lexial. Flat rates are not related to the estimated hours worked and as such, are not refundable in any case, including the cancellation by the client. Hourly rate is provided to the Client prior to opening the file. Any activity is charged a minimum of 15 mn. The client agrees that in the event of a positive outcome with regards to their case Lexial will be allowed to add success fees. Under the latest Belgian budget retainers in force since January 2014, all attorney’s services are subject to a VAT rate of 21% in Belgium, which implies that all fees (including success fees) and costs charged to the client are automatically increased by 21%. VAT rate in France is 20%. All invoices issued by Lexial are payable immediately, unless differently agreed, and are presumed accepted within 2 days from their reception as well. Bank costs, transfer costs, payment costs are the responsibility of the client and must be compensated as administrative costs. In case of non-payment by the due date a default interest rate of 8% per year will be payable without prior notice, as well as a penalty (“clause pénale”) of 9% and 50 EUR as reminder costs. Lexial is also entitled, after the client has been informed to that effect, to suspend or cease its work for the client. The client expressly agrees that Lexial will under no circumstances be liable for any damage or loss suffered by the client and or any third party as a result of the cessation of work. Reactivation of a file suspended or terminated is charged 375 EUR.
- Professional secrecy and confidentiality
Each lawyer is bound by professional secrecy. The office staff is also subject to a confidentiality obligation.
Information forwarded or obtained in the course of managing the case are confidential. The parties undertake to respect confidentiality and to never disclose such information without express written permission of the other party and to never disclose such information without express written permission of the other party. Each party specifically agrees never to record,even for purely private purposes, the conversations with the other party. However they are allowed to take and keep notes on conversations without ever communicating it to third parties.
The agreement (if any – this agreement can arise from correspondences) between Lexial and its Clients and the present Terms and Conditions are exclusively governed by the law of the invoicing office.The partners and associates at Lexial exercise a regulated profession subject to the ethical standards set by the Association of Francophone and German Speaking Bars, the French Order of the Brussels Bar of lawyers, the Paris Bar Association and the Bar Commission of Geneva. Additional information on applicable professional rules can be obtained from these websites. Any issues with regard to the enforcement of ethical rules can result in a complaint to the president of the Bar. Other disputes are within the jurisdiction of the Bar are brought exclusively to the jurisdiction of the courts of Brussels, Geneva or Paris, depending on the location of the case.