General Terms and Conditions
General Terms and Conditions of Langmeier & Co.,advokátní
kancelář s.r.o. (hereinafter referred to as „Law Firm“),
within the meaning of Section 1751 of the Civil Code.
I. Establishment of the Legal Services Agreement
1.1 The legal client relationship between the Client and the Law Firm is
established by the conclusion of a Legal Services Agreement in the form of a
Client Form and a Power of Attorney, both duly completed and signed by the
Client.
1.2 The legal relationship between the Client and the Law Firm may also be
established by verbal agreement between the Client and the Law Firm or an
authorized attorney.
1.3 When providing legal services on a larger scale, especially in the area of
long-term provision of legal services (lump sum) or implementation of projects,
a special contractual document containing the specifics of the client
relationship and specific payment terms for legal services is usually concluded
upon agreement with the client.
1.4 The client relationship within the framework of a minor legal service is
established at the moment of receipt of the client by an authorised lawyer for
personal discussion or communication by technical means (telephone, fax,
electronic mail, written communication).
1.5 At the commencement of the client relationship and during the course of the
client relationship, each law clerk of the Law Firm has a general authorized and
legal position within the meaning of Section 26(2) of the Advocacy Act to act
towards the client to the extent of the legal position of the authorized lawyer,
unless otherwise provided in these General Terms and Conditions.
1.6 The legal client relationship between the Law Firm and the Client is agreed
with a condition precedent to the establishment of such legal relationship from
the time of payment of the agreed advance by the Client to the Law Firm.
II. Remuneration for the provision of legal services
2.1 The Law Firm provides legal services for a fee in accordance with Decree
No. 177/1996 Coll., as amended (the Lawyer's Tariff).
2.2 The entitlement to a fee for the provision of legal services is identical
to the establishment of a client relationship.
2.3 Legal services may be provided free of charge or at a reduced rate only
upon the express consent of the Law Firm, made in writing on the Client Form.
2.4 Unless an express written agreement between the Law Firm and the Client
provides otherwise or the Client concludes a Legal Service Agreement with the
Law Firm in the form of a Client Form, where the Client expressly acknowledges
the Law Firm's non-contractual fee according to the Law Firm's Tariff, the
legal service is provided in accordance with the provisions of Section 4(1) of
the Law Firm's Tariff at an hourly rate, according to the Law Firm's current
price list, for each quarter of an hour.
2.5 The provisions of Sections 8 and 10 of the Advocate's Tariff shall apply
mutatis mutandis to the specification of legal terms for determining the hourly
rate under the preceding paragraph.
2.6 The hourly fee of the Law Firm shall be supplemented by an overhead fee of
CZK 300 + VAT for each hour of legal services pursuant to Section 13(3) of the
Advocate's Tariff.
2.7.
2.8 In the case of the Law Firm's contractual fee within the meaning of
Section 4, Paragraph 3a of the Lawyer's Fee Schedule, the Law Firm's fee shall
always be increased by any costs awarded to the client in any proceedings
against the opposing party where the Law Firm has a separate claim against the
opposing party. The Client authorises the Law Firm to receive all such payments
on its behalf.
III. Client funds
3.1 An authorised lawyer handles client funds in the course of providing
legal services. Client funds shall be understood as monetary benefits, which the
authorised lawyer accepts into his custody (lawyer's depository) on the basis
of the client's disposition, or the counterparty with the client's consent,
in order to pay them out based on the fulfilment of the contractual
conditions.
3.2 An attorney's deposit by letter of credit or collection means the receipt
or release of client funds upon presentation of a document or documents with
specified contents, at the disposition of the client based on a specific
contractual arrangement during the client relationship. The authorised solicitor
is bound by the disposition of the client and the specific contractual
arrangement even if the client relationship is terminated and is obliged to
provide or accept and provide the benefits as per the contractual
arrangement.
3.3 The provisions of the Civil Code regarding letter of credit and collection
agreements shall apply mutatis mutandis to the lawyer's letter of credit or
collection deposit regime.
3.4 For the legal service pursuant to paragraphs 3.2 and 3.3, the Law Firm
shall be entitled to a fee, unless otherwise stipulated by the price list or
agreement, of 1% of the volume of client funds received and disbursed, unless a
specific agreement between the client and the Law Firm provides otherwise.
3.5 All additions to the client funds in the lawyer's deposit shall be due to
the Law Firm as a lump sum reimbursement of legal expenses for the provision of
legal services within the meaning of the first sentence of Section 13(2) of the
Advocate's Tariff.
3.6 Attorney's custodial deposit means the taking over of client funds in
the name and on behalf of the Law Firm and the continuous handling thereof
according to the client's disposition, in particular for the purpose of
optimising the return or securing client payments.
3.7 For the legal service pursuant to paragraph 3.6, the Law Firm shall be
entitled to a fee of 10% of the client funds' income in the case of optimisation
of income and 1% of the client funds' income on
the account of the authorised lawyer, in case of arranging payments. In the
event of a combination of both basic purposes, the Law Firm's fee shall be
pro-rated.
3.8 Client funds shall be managed by the Authorised Lawyer in an account in a
bank or similar institution, separate from the other funds of the Law Firm.
3.9 The Authorised Advocate is authorised to dispose of client funds
exclusively in accordance with the client's written disposition, marked in
ascending numerical order, containing the designation of the disposition, which
is its number, the subject of the disposition, the date, hour and signature of
the client, the date, hour and signature of the delivery of the disposition to
the Authorised Advocate; Unless the client stipulates otherwise, the Authorised
Advocate is obliged to execute the disposition within three days of its
receipt.
3.10 The Authorized Attorney is authorized to use a third party to perform
administrative and accounting functions in the disposition of client funds.
However, he/she shall be liable for any damage caused by this person to the
client.
3.11. The authorised lawyer processes personal data of the client and third
parties for the purpose of fulfilling the obligations arising from Act No. 2 5 3
/ 2 0 0 8 Coll., on certain measures against the legalization of proceeds of
crime and terrorist financing, as amended. The lawyer deposit regime is governed
by the relevant provisions of the aforementioned Act, as well as by Resolution
of the Board of Directors of the Czech Bar Association No. 2 of 11 September
2008 and Resolution of the Board of Directors of the Czech Bar Association No.
7 of 28 June 2004.
IV. Terms of payment
4.1 All payments between the Client and the Law Firm, or the authorized
attorney, exceeding the amount of CZK 100,000, – in one lump sum, are made in
principle in a non-cash form to a bank account.
4.2 The fee of the Law Firm is payable on the basis of an invoice with the
details of a tax document issued to the client or in cash against the release of
the original submitted receipt.
4.3 In the event of the Client's default in payment of the fee under this
Agreement, the Law Firm shall be entitled to a contractual penalty of 0.5% of
the amount due for each day of default. By paying the invoice issued to the Law
Firm, the Client shall be deemed to have agreed to the invoice for the fees paid
to the Law Firm.
4.4 Payment to the Law Firm shall be deemed to have been made when the relevant
amount is credited to the Law Firm's account.
V. Obligations of the Advocate
5.1 The law firm is obliged to act with professional diligence in providing
legal services, to act honestly and conscientiously, to observe the duty of
confidentiality, to follow the client's instructions within the framework of
the law, to use all legal means consistently and to apply within their framework
everything that it considers beneficial for the client. In performing the
subject matter of the contract, the law firm is bound only by the law and other
generally binding legal regulations and, within their limits, the
client's instructions. The law firm shall not be bound by the
client's instructions insofar as they concern a legal opinion on a matter or
if the client's instructions are contrary to good morals.
5.2 The law firm undertakes to notify the client of circumstances which it has
discovered in the course of the performance of the subject matter of the
contract or which may have an effect on the change of the
client's instructions. If the Law Firm discovers that the
Client's instructions are inappropriate or impractical for the performance of
the subject matter of the contract, it is obliged to draw the
Client's attention to this. If the Law Firm has any doubt as to the
truthfulness or completeness of the information provided by the Client, the Law
Firm is obliged to inform the Client of the possible legal consequences of the
use of such information. The Law Firm's ability to withdraw from this contract
is not affected.
5.3 The authorised lawyer is entitled to be represented by another lawyer in
the provision of legal services. Unless precluded by law, an authorised advocate
is entitled to delegate individual acts to a law clerk or an employee of the Law
Firm when providing legal services.
5.4 Upon termination of the contract, the Law Firm is obliged to hand over to
the client, at the client's request, all documents that the client has handed
over to the Law Firm or that the Law Firm has obtained for the client from third
parties. The Law Firm shall be entitled to make copies of the documents handed
over to it by the Client as necessary for the documentation of its activities
for the Client.
VI. Obligations of the client
6.1 The Client is obliged to grant the Law Firm timely written powers of
attorney that are necessary for the fulfilment of the Law Firm's obligation in
accordance with these General Terms and Conditions.
6.2 The Client shall pay the Law Firm the fee in the amount and on the due date
in accordance with these General Terms and Conditions and the Law
Firm's current price list.
6.3 The Client shall provide the Law Firm with all necessary cooperation to
ensure that the Law Firm performs all acts related to the provision of legal
services in a particular case, in particular, the Client shall provide the Law
Firm with all supporting documents, documents and papers in a timely manner, as
well as provide complete and unbiased information and explanations necessary for
the provision of legal services.
6.4 The Client undertakes to attend hearings (in particular in court, before a
governmental authority or with an opposing party) whenever the Law Firm deems it
necessary. The Client further undertakes to follow the instructions of the Law
Firm in the matter which is the subject of the provision of legal services, as
well as not to interfere in the development of the matter in a manner not
previously agreed with the Law Firm. The Client undertakes to consult with the
Law Firm in advance and inform the Law Firm of the outcome of any independent
action taken by the Client in the matter which is the subject of the provision
of legal services.
6.5 The Client acknowledges the instruction on the consequences arising from §
347a para. „(1) Whoever, for the purpose of instituting proceedings before a
court, an international judicial body or criminal proceedings or in such
proceedings, produces material or documentary evidence which is essential to the
decision and which he knows to be false or altered, with the intention that it
be used as genuine, or falsifies or alters such evidence with the intention that
it be used as genuine, shall be liable to imprisonment for a term not exceeding
two years.“
VII. Termination of the client relationship
7.1 The Client is entitled to terminate the Agreement for the provision of
legal services at any time, even without giving any reason. The termination is
effective from the moment the Law Firm becomes aware of it.
7.2 The Law Firm is entitled to terminate the Legal Services Agreement in
writing. The termination shall be effective upon the expiry of the one-month
notice period, which ends on the last day of the calendar month following the
delivery of the notice to the client.
7.3 The Law Firm shall be entitled to terminate the Legal Services Agreement if
the necessary trust between the Law Firm and the Client has been breached or if
the Client has grossly breached its obligations under these General Terms and
Conditions, in particular if the Client has failed to provide the Law Firm with
the necessary cooperation or has failed to make a reasonable deposit for the
legal services fee, although the Law Firm has been requested to do so. The Law
Firm shall also be entitled to withdraw from the contract if any of the
conditions under which it is obliged to withdraw from the contract pursuant to
Act No. 85/1996 Coll., on Advocacy, as amended, or pursuant to other legal
regulations, occur. Withdrawal from the contract is effective upon delivery of
the written notice of withdrawal to the client.
7.4 Unless the Law Firm agrees otherwise with the client or the client takes
other measures, the Law Firm is obliged to take all urgent actions and take
reasonable measures for a period of 15 days from the date on which it has
withdrawn from the contract in accordance with the preceding paragraphs, so that
the client does not suffer any damage to its rights or legitimate interests.
This shall not apply if the client informs the Law Firm that he does not insist
on the fulfilment of this obligation. If the Legal Services Contract has been
terminated or the Law Firm has withdrawn from the contract, the Law Firm shall
be entitled to a corresponding part of the agreed fee for the performance of the
subject matter of the contract and
reimbursement of the costs for the activities carried out to date.
VIII. Liability for damages
8.1 The law firm shall be liable to the client for damage to items taken
over from the client or from third parties for the client, unless the damage
could not have been prevented even with the exercise of all professional
care.
8.2 The law firm shall be liable to the client for any damage caused by the law
firm in connection with the provision of legal services to the client by breach
of its obligations under these General Terms and Conditions. The law firm may be
exempted from its liability for damages if it proves that the damage could not
have been prevented even with the exercise of all reasonable efforts.
8.3 The client is responsible for the accuracy of all documents and information
submitted to the Law Firm. The Law Firm shall not be liable for damages
resulting from a breach of the Client's obligations, in particular by failing
to submit the necessary documents or by submitting factually incorrect,
incomplete or false documents and information. The Law Firm is not liable for
business or other economic risk arising from the client's business, the
consequences of which are manifested in connection with the provision of legal
services.
8.4 The Law Firm declares that it is insured against liability for damage
caused by the provision of legal services in the amount of at least CZK
50,000,000. The Client declares that, unless the Client notifies the Law Firm
otherwise in a particular case, the foreseeable damages caused by the provision
of legal services to the Client shall not exceed the aforementioned amount.
IX. GDPR
9.1 The Client acknowledges that the Law Firm will process his/her personal
data on the basis of the legal title, which is usually the conclusion and
performance of a contract. The processing of the Client's data is necessary for
the purpose of performing legal obligations arising from the regulations
governing the practice of law. This primarily involves the processing of contact
and identification data (including birth number) and data provided by the client
for the purpose of taking over his legal representation by the Law Firm. It may
also include data disclosed by third parties, in particular data provided by the
opposing party or other persons in the course of conducting a specific client
case.
9.2 The Law Firm declares that it will use the data processed pursuant to
paragraph 9.1 exclusively for the performance of the agenda associated with the
legal representation of the client, in particular for the proper performance of
all legal obligations and for communication with the various entities in the
proceedings.
9.3 The Client may request the Law Firm to access his/her personal data and ask
the Law Firm for an explanation if he/she suspects unauthorized processing. The
Law Firm may charge the Client for such access to personal data in accordance
with its costs. The Client may also request the rectification or completion of
inaccurate personal data or its destruction, object to the processing and
request rectification of the defective situation, lodge a complaint against such
processing with the Data Protection Authority, request free access from the Law
Firm, provided that the request is not repetitive or disproportionate, request
the transfer, erasure and restriction of processing. The individual
authorisations of the client shall always correspond to the nature of the data
processed.
9.4 Client data will be processed by the Law Firm for the duration of the legal
representation and will be archived after its termination in accordance with
generally binding legal regulations, as a rule for a period of 5 years.
9.5 The Client agrees that the Law Firm will send him/her regular newsletters
to keep him/her informed.
X. Effectiveness
10.1 These General Terms and Conditions are issued with effect from
20.03.2023 for an indefinite period of time.
10.2 These General Terms and Conditions have been amended to take account of
the GDPR, AML legislation and the amendment to the Criminal Code as regards the
offence of obstruction of justice as of 1 February 2019.
