Lawyers Van Der Steichel
1. The law firm Guy Van Der Steichel, hereafter referred to as “law firm”, renders her services via her lawyers and appointees under the current general conditions. Deviations can only be agreed upon in writing. Any general conditions mentioned on the letterhead of the client or a third party cannot be qualified as tacitly assumed and are subordinate to the present conditions that apply exclusively on all activities of the law firm Guy Van Der Steichel.
2. All assignments are exclusively accepted and executed by the law firm, even if it is the explicit or tacit intention of the client to consign the assignment to one of the individual lawyers. The law firm assigns a lawyer under her exclusive responsibility.
3. Every assignment, consigned to the law firm, implies for the last mentioned to appeal to the services of third parties or to call in other experts and to agree to any liability restrictions from/of this third party or other experts on behalf of the client. The law firm is not liable for the acts of these third parties or other experts, regardless if their intervention has been imputed separately or otherwise to the client and regardless if the consulted third party or other experts charge their costs and fees to the law firm or to the client.
4. The client commits himself to supply all facts and information, if necessary substantiated with documents. The client guarantees the correctness, completeness and reliability of the information, provided by or on behalf of him to the law firm.
5. The execution of the provided assignment takes exclusively place on behalf of the client. Third parties cannot derive rights from the executed activities and its results.
6. It has been decided in accordance with the law and deontology that the law firm can determine how the net fee is calculated, unless otherwise decided by means of a preceding agreement in writing inter partes. The fee can thus be calculated on a fixed basis, in terms of percentage or in accordance with hourly rates. A survey of the hourly rates can be retrieved free of charge. The following elements can account for a fee deviating from the normal hourly rates : the importance of the case, the result, the urgency or the specificity of the assignment.
Next to the fee, general administrative costs will be charged. These costs will also be determined either on a fixed basis or specified on the basis of concrete elements from the file. A survey of the applied administrative expenses can be retrieved free of charge. Specific supplementary costs or exceptional administrative costs will be charged separately.
The fees of bailiffs as well as their due rights and incurred expenses, as well as the fees of legal experts, as well as legal costs will be charged separately to the client.
7. The law firm is authorized to ask advances in the form of commissions. Unless otherwise decided by means of an agreement in writing with the client, the fact that the advances are possibly linked to hourly rates and the fact that advances are possibly deducted in the administrative costs in terms of percentage is no reason to demand that also the final payment in accordance with hourly rates and/or fixed costs is charged. Bills, provisions and final statements of costs and fees are payable in cash. In case of non-payment, the law firm can suspend her services until the full amount has been paid.
In the absence of payment of provisional expenditure statements or final statements of costs and fees, a penalty interest of 10 % per year will be claimed on all outstanding amounts as from the day a reminder has been sent.
If the payment doesn’t take place voluntarily and either statutory procedures or arbitral procedures are necessary for the encashment, a supplementary compensation clause of 10 % will be claimed while taking the resulting supplementary costs into consideration.
8. At all times, the client and the law firm can terminate the agreement without compensation. However, this does not mean that the rendered services and incurred expenses does not have to be compensated for.
9. A professional liability is limited to the amount that will be paid out in the relevant case under the professional liability insurance of the law firm. The law firm is the subscriber of the base policy of the professional liability insurance of the “Orde van Vlaamse Balies”.
If, for any reason whatsoever, there is no payment concerning the professional liability insurance, any liability is limited to the fee, paid to the law firm with regard to the assignment.
10. All outgoing electronic communication from the law firm is sheer indicative and can in no way compromise the liability of the law firm.
The law firm makes reasonable efforts to protect e-mails and attachments from viruses or other failures that could damage a computer or information systems. It remains the responsibility of the client to take the necessary measures in order to protect his own computer or information system.
The law firm cannot be held liable for any loss or damage that could be the result of receiving or using electronic documents of the law firm.
11.If one or more stipulations are invalid or null and void, it will not affect the validity and the enforcement of the other stipulations of these general conditions.
The legal relationship to which these general conditions apply is controlled by the intern Belgian law and the applicable deontology. Disputes will exclusively be settled by the courthouse of the judicial district of Antwerp and/or the justice of the peace court of Antwerp to the exclusion of all arbitral lawcourts.
Information provided in accordance with art. 7 of the Belgian law of March 11th, 2003 with regard to certain legal aspects of the services of the information society. Lawyers VAN DER STEICHEL is a company in the form of an EBVBA (private limited liability company – one-man business) with a view to practising the Bar. The address of the headquarters and the office is Amerikalei 37 – 2000 Antwerp, Belgium, TVA no. 0464.888.633.