Article 1 The Firm
Mohr Advocaat (“the Firm”) aims to operate a law firm specializing in criminal law, juvenile criminal law, inheritance law and real estate law. Mohr Advocaat is registered with the Dutch Bar Association, registration number A31353.
Article 2 Applicability
These Terms and Conditions are applicable to all assignments (including supplementary and follow-up assignments) given to the Firm and also apply to the persons involved in the Firm (both lawyers and other employees).
Article 3 Parties
Paragraph 1: All assignments entered into by persons affiliated with the Firm are deemed to be concluded on behalf of the Firm, even if it is the explicit or implicit intent that an assignment is to be performed by a specific attorney affiliated with the Firm. Sections 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code are declared inapplicable.
Paragraph 2: The services rendered by the Firm are exclusively for the benefit of the client (“the Client”). Third parties cannot derive any rights from the contents of services rendered.
Article 4 Use of third parties
The Firm is authorized to engage third parties to perform services on behalf and for the account of the Client. The Firm is (deemed to be) authorized by the Client to accept on its behalf any limitations or exclusions of liability. The Firm will not be liable for any shortcomings of these third parties.
Article 5 Finances
Paragraph 1: Prior to the execution of an assignment, (an attorney on behalf of) the Firm and the Client will discuss whether the Contractor is eligible under the Dutch Legal Aid Act (Wet op de Rechtsbijstand) for full or partial state-funded legal aid. According to Dutch law, an assigned person may have to pay a personal contribution to the Client. No rights can be derived from information given by a person associated with the Firm about the right to legal aid until the Dutch Legal Aid Board has rendered a final decision.
Paragraph 2: If the Client is liable to pay a contribution in connection with legal aid, the Firm will charge such contribution to the Client as a deposit before the legal aid is commenced.
Paragraph 3: In case the Client does not qualify for legal aid, or chooses not to qualify for legal aid, the services will be performed on the basis of an hourly rate agreed upon between the Firm and the Client. In case no hourly rate has been agreed upon, a customary hourly rate will apply. The Firm is authorized to index its hourly rates annually as per January 1 in accordance with the consumer price index of the Dutch Central Bureau of Statistics (CBS).
Paragraph 4: The Firm will regularly invoice the Client for hours worked and costs incurred. Invoices must be paid by the Client within fourteen days after invoice date. The Client is not authorized to suspend his/her payment obligations.
Article 6 Liability
Paragraph 1: Any liability of the Firm and its affiliated persons is limited to the maximum amount that will be paid out by its professional liability insurer in the matter concerned, to be increased with the amount of the deductible that will be for the account of the Firm under the applicable insurance policy. The Firm is in no event liable for any consequential, indirect or consequential loss, damage to business or any other damage whatsoever.
Paragraph 2: Without prejudice to the provisions of section 6:89 of the Dutch Civil Code, any right of action will lapse in any event twelve months after the date on which the occurrence of the liability should reasonably have been known.
Article 7 Personal data
The Firm will process personal data of the Client in order to perform the services provided by the Client. Pursuant to applicable laws and regulations, the Firm is obliged to ascertain the identity of the Client and to verify it in certain cases. By placing an order, the Client is deemed to consent to this.
Article 8 Complaints and Disputes
The Firm has an office complaints procedure in accordance with the provisions of Article 6.28 of the Ordinance on the Legal Profession. The Complaints Procedure is applicable to the services provided by the Firm. In case a complaint is not resolved by the Complaints Officer, the provisions of Article 9 of these Terms and Conditions will apply.
Article 9 Law and Forum
The legal relationship between the Firm and the Client is governed by Dutch law. Only the Court of Limburg, the Netherlands, is competent to hear any dispute between the Firm and the Client. Nevertheless, in case the Firm acts as a plaintiff, it is authorized to submit a dispute to the competent court of the domicile of the Client.