General terms and conditions
1. scope
1.1 The Terms and Conditions for Contracts shall apply to all activities and judicial/official as well as extrajudicial acts of representation performed in the course of a contractual relationship existing between the lawyer/law firm (hereinafter simplified "lawyer") and the client (hereinafter also referred to as "mandate").
1.2 The Terms and Conditions of Assignment shall also apply to new mandates, unless otherwise agreed in writing.
2. order and power of attorney
2.1 The lawyer shall be entitled and obliged to represent the client to the extent necessary and expedient for the performance of the mandate. If the legal situation changes after the end of the mandate, the lawyer shall not be obliged to inform the client about changes or consequences resulting therefrom.
2.2 The client shall sign a written power of attorney vis-à-vis the lawyer upon request. This power of attorney may be directed to the performance of individual, precisely defined or all possible legal transactions or legal acts.
3. principles of representation
3.1 The lawyer shall conduct the representation entrusted to him/her in accordance with the law and represent the rights and interests of the client towards everyone with zeal, fidelity and conscientiousness.
3.2 In principle, the lawyer shall be entitled to perform his services at his 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, his conscience or the law.
3.3. If the client issues an instruction to the lawyer, compliance with which is incompatible with the law or other professional law (e.g. the "Guidelines for the Practice of the Legal Profession" [Richtlinien für die Ausübung des Rechtsanwaltsberufes, RL-BA 2015] or the practice of the Supreme Disciplinary and Appeals Commission for Lawyers and Trainee Lawyers [Oberste Berufungs- und Disziplinarkommission für Rechtsanwälte und Rechtsanwaltsanwärter, OBDK], now the Appellate and Disciplinary Tribunal for Lawyers and Trainee Lawyers at the Supreme Court), the lawyer shall reject the instruction. If, from the lawyer's point of view, instructions are inexpedient or even disadvantageous for the client, the lawyer shall inform the client of the possibly disadvantageous consequences before carrying them out.
3.4 In the event of imminent danger, the lawyer shall also be entitled to perform a task not expressly covered by the mandate given or to perform a task that is subject to a
The client shall be obliged to take or refrain from any action contrary to the instructions given if this appears to be urgently required in the interest of the client.
4. information and cooperation obligations of the client
4.1 After the mandate has been granted, the client shall be obliged to inform the lawyer without delay of all information and facts that might be of importance in connection with the execution of the mandate, and to make available all necessary documents and means of evidence. The lawyer shall be entitled to assume the accuracy of the information, facts, documents, records and evidence, unless their incorrectness is obvious.
The lawyer shall work towards the completeness and correctness of the facts by specifically questioning the client and/or by 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 shall be obliged to inform the lawyer of any changed or newly arising circumstances that may occur in the course of the mandate.
The Supplier shall inform the Purchaser immediately upon becoming aware of any circumstances that could be of significance in connection with the execution of the order.
4.3 If the lawyer acts as the contracting party, the client shall be obliged to provide the lawyer with all information necessary for the self-calculation of the real estate transfer tax, registration fee and real estate income tax. If the lawyer performs the self-calculation on the basis of the information provided by the client, he shall be exempt from any liability towards the client in any case. On the other hand, the client shall be obliged to indemnify and hold the lawyer harmless in the event of pecuniary disadvantages, should the incorrectness of the client's information become apparent.
5. confidentiality obligation, conflict of interest
5.1 The lawyer shall be bound to secrecy with regard to all matters entrusted to him and which are otherwise known to him in his professional capacity.
The attorney shall be obliged to disclose to the client any facts that have become known to him, the confidentiality of which is in the interest of his client.
5.2 The attorney shall be entitled to assign all employees within the scope of applicable laws and directives to the processing of
The Company shall be entitled to instruct employees in the conduct of its business, provided that such employees have demonstrably been instructed in the obligation to maintain secrecy.
5.3 Only to the extent that this is necessary for the prosecution of the lawyer's claims (in particular claims for the lawyer's fee) or for the defense against claims against the lawyer (in particular claims for damages by the client or third parties against the lawyer).
is required, the lawyer shall be released from the duty of confidentiality.
5.4 The client is aware that in some cases the lawyer is obliged by law to provide information or reports to authorities without having to obtain the client's consent; in particular, reference is made to the provisions on money laundering and financing of terrorism as well as to the provisions of tax law (e.g. Account Register and Account Inspection Act, GMSG, etc.).
5.5 The client may release the lawyer from the obligation of confidentiality at any time. The release from the obligation of confidentiality by the client shall not relieve the lawyer of the obligation to verify whether his statement is in the interest of the client.
corresponds. If the lawyer acts as a mediator, he shall, despite his release from the duty of confidentiality, retain his right to
To claim confidentiality.
6. obligation of the lawyer to report
The lawyer shall inform the client of the actions taken by him in connection with the mandate to a reasonable extent orally or in writing.
7. sub-authorization and substitution
8.2 Even if a lump-sum or time-based fee has been agreed upon, the lawyer shall be entitled to at least the amount of costs recovered from the opposing party in excess of this fee, insofar as this amount can be recovered, otherwise the agreed upon lump-sum or time-based fee.
8.3 If an e-mail is sent to the lawyer by the client or the client's sphere of influence, the lawyer shall not be obliged to read this e-mail without an explicit order to do so. If the lawyer reads the e-mail sent, he shall be entitled to a fee for this in accordance with an express agreement for comparable services or in accordance with RATG or AHK.
8.4 Value added tax at the statutory rate, necessary and reasonable expenses (e.g. for travel expenses, telephone, fax, copies) as well as cash expenses and court fees paid on behalf of the client shall be added to the fee due to/agreed with the lawyer.
8.5 The client acknowledges that an estimate made by the lawyer, which is not expressly designated as binding, regarding the amount of the fee likely to be incurred shall be non-binding and shall not be regarded as a binding cost estimate (within the meaning of Section 5 (2) of the Austrian Consumer Protection Act), because the extent of the services to be rendered by the lawyer cannot, by its nature, be reliably assessed in advance.
8.6 The Client shall not be invoiced for the expenses incurred for the billing and preparation of the fee notes. This does not apply, however, to the expenses incurred by the translation of service specifications into a language other than German at the client's request. Unless otherwise agreed, the time and effort required for letters to the client's auditor at the client's request, 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, shall be charged.
8.7 The lawyer shall be entitled at any time, but in any case on a quarterly basis, to issue fee notes and to make advance payments of fees.
to require.
8.8 If the client is in default of payment of all or part of the fee, the client shall pay interest on arrears to the lawyer at the statutory rate of 4% per annum. If the client is responsible for the delay in payment, he shall compensate the lawyer for the actual damage exceeding this amount. Any further legal claims (e.g. § 1333 ABGB) shall remain unaffected.
8.9 All court and official costs (cash expenses) and expenses (e.g. due to purchased external services) arising in the course of the performance of the mandate may - at the discretion of the lawyer - be transferred to the client for direct payment.
8.10. In case of placing an order by several clients in one legal matter, they shall be jointly and severally liable for all resulting claims of the lawyer, unless the lawyer's services under the mandate are divisible and have clearly been rendered for one client only.
9. liability of the lawyer
9.1 The liability of the lawyer for faulty advice or representation shall be limited to the insurance sum available for the specific case of damage in the event of slightly negligent infliction of damage, but shall be at least in the amount of the insurance sum specified in § 21a RAO as amended. This is currently EUR 400,000 (in words: four hundred thousand euros) and in the case of law firms in the form of a limited liability company EUR 2,400,000 (in words: two million four hundred thousand euros).
9.2 The maximum amount applicable pursuant to Clause 9.1 shall include all claims against the lawyer due to incorrect advice and/or representation, such as, in particular, claims for damages and price reduction. This maximum amount shall not include claims of the client to reclaim the fee paid to the lawyer. Any deductibles shall not reduce the liability. The maximum amount applicable according to item 9.1. refers to one insured event. If there are two or more competing injured parties (clients), the maximum amount for each individual injured party shall be reduced in proportion to the amount of the claims.
9.3 In the event that a law firm is commissioned, the limitations of liability pursuant to Sections 9.1. and 9.2. shall also apply in favor of all lawyers working for the firm (as its shareholders, managing directors, employed lawyers or in any other capacity).
9.4 The lawyer shall only be liable for third parties (in particular external experts), who are neither employees nor partners and who have been commissioned with the client's knowledge to provide individual partial services, in the event that they are at fault for their selection.
9.5 The lawyer shall be liable only to his/her client, not to third parties. The client shall be obliged to expressly draw the attention of third parties who come into contact with the lawyer's services due to the client's involvement to this fact.
9.6 The lawyer shall be liable for the knowledge of foreign law only in case of a written agreement or if he has undertaken to examine foreign law. EU law is never considered foreign law, but the law of the Member States is.
10. legal protection insurance of the client
10.1 If the client has legal expenses insurance, he/she shall inform the lawyer thereof without delay and submit the required documents (if available). Irrespective of this, the lawyer shall be obliged to obtain information on his/her own initiative as to whether and to what extent legal expenses insurance exists and to apply for legal expenses coverage.
10.2 The client's notification of a legal expenses insurance and the lawyer's obtaining legal expenses coverage shall not affect the lawyer's fee claim against the client and shall not be deemed to be the lawyer's consent.
to be satisfied with the fee paid by the legal expenses insurance.
10.3 The lawyer shall not be obliged to claim the fee directly from the legal expenses insurance, but may claim the entire fee from the client.
1.1 The Terms and Conditions for Contracts shall apply to all activities and judicial/official as well as extrajudicial acts of representation performed in the course of a contractual relationship existing between the lawyer/law firm (hereinafter simplified "lawyer") and the client (hereinafter also referred to as "mandate").
1.2 The Terms and Conditions of Assignment shall also apply to new mandates, unless otherwise agreed in writing.
2. order and power of attorney
2.1 The lawyer shall be entitled and obliged to represent the client to the extent necessary and expedient for the performance of the mandate. If the legal situation changes after the end of the mandate, the lawyer shall not be obliged to inform the client about changes or consequences resulting therefrom.
2.2 The client shall sign a written power of attorney vis-à-vis the lawyer upon request. This power of attorney may be directed to the performance of individual, precisely defined or all possible legal transactions or legal acts.
3. principles of representation
3.1 The lawyer shall conduct the representation entrusted to him/her in accordance with the law and represent the rights and interests of the client towards everyone with zeal, fidelity and conscientiousness.
3.2 In principle, the lawyer shall be entitled to perform his services at his 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, his conscience or the law.
3.3. If the client issues an instruction to the lawyer, compliance with which is incompatible with the law or other professional law (e.g. the "Guidelines for the Practice of the Legal Profession" [Richtlinien für die Ausübung des Rechtsanwaltsberufes, RL-BA 2015] or the practice of the Supreme Disciplinary and Appeals Commission for Lawyers and Trainee Lawyers [Oberste Berufungs- und Disziplinarkommission für Rechtsanwälte und Rechtsanwaltsanwärter, OBDK], now the Appellate and Disciplinary Tribunal for Lawyers and Trainee Lawyers at the Supreme Court), the lawyer shall reject the instruction. If, from the lawyer's point of view, instructions are inexpedient or even disadvantageous for the client, the lawyer shall inform the client of the possibly disadvantageous consequences before carrying them out.
3.4 In the event of imminent danger, the lawyer shall also be entitled to perform a task not expressly covered by the mandate given or to perform a task that is subject to a
The client shall be obliged to take or refrain from any action contrary to the instructions given if this appears to be urgently required in the interest of the client.
4. information and cooperation obligations of the client
4.1 After the mandate has been granted, the client shall be obliged to inform the lawyer without delay of all information and facts that might be of importance in connection with the execution of the mandate, and to make available all necessary documents and means of evidence. The lawyer shall be entitled to assume the accuracy of the information, facts, documents, records and evidence, unless their incorrectness is obvious.
The lawyer shall work towards the completeness and correctness of the facts by specifically questioning the client and/or by 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 shall be obliged to inform the lawyer of any changed or newly arising circumstances that may occur in the course of the mandate.
The Supplier shall inform the Purchaser immediately upon becoming aware of any circumstances that could be of significance in connection with the execution of the order.
4.3 If the lawyer acts as the contracting party, the client shall be obliged to provide the lawyer with all information necessary for the self-calculation of the real estate transfer tax, registration fee and real estate income tax. If the lawyer performs the self-calculation on the basis of the information provided by the client, he shall be exempt from any liability towards the client in any case. On the other hand, the client shall be obliged to indemnify and hold the lawyer harmless in the event of pecuniary disadvantages, should the incorrectness of the client's information become apparent.
5. confidentiality obligation, conflict of interest
5.1 The lawyer shall be bound to secrecy with regard to all matters entrusted to him and which are otherwise known to him in his professional capacity.
The attorney shall be obliged to disclose to the client any facts that have become known to him, the confidentiality of which is in the interest of his client.
5.2 The attorney shall be entitled to assign all employees within the scope of applicable laws and directives to the processing of
The Company shall be entitled to instruct employees in the conduct of its business, provided that such employees have demonstrably been instructed in the obligation to maintain secrecy.
5.3 Only to the extent that this is necessary for the prosecution of the lawyer's claims (in particular claims for the lawyer's fee) or for the defense against claims against the lawyer (in particular claims for damages by the client or third parties against the lawyer).
is required, the lawyer shall be released from the duty of confidentiality.
5.4 The client is aware that in some cases the lawyer is obliged by law to provide information or reports to authorities without having to obtain the client's consent; in particular, reference is made to the provisions on money laundering and financing of terrorism as well as to the provisions of tax law (e.g. Account Register and Account Inspection Act, GMSG, etc.).
5.5 The client may release the lawyer from the obligation of confidentiality at any time. The release from the obligation of confidentiality by the client shall not relieve the lawyer of the obligation to verify whether his statement is in the interest of the client.
corresponds. If the lawyer acts as a mediator, he shall, despite his release from the duty of confidentiality, retain his right to
To claim confidentiality.
6. obligation of the lawyer to report
The lawyer shall inform the client of the actions taken by him in connection with the mandate to a reasonable extent orally or in writing.
7. sub-authorization and substitution
The lawyer may be represented by a trainee lawyer employed by him or by another lawyer or his authorized trainee lawyer (sub-authorization). In case of being prevented, the lawyer may pass on the mandate or individual partial acts to another lawyer (substitution).
8. fee
8.1 Unless otherwise agreed, the Lawyer shall be entitled to a reasonable fee.8.2 Even if a lump-sum or time-based fee has been agreed upon, the lawyer shall be entitled to at least the amount of costs recovered from the opposing party in excess of this fee, insofar as this amount can be recovered, otherwise the agreed upon lump-sum or time-based fee.
8.3 If an e-mail is sent to the lawyer by the client or the client's sphere of influence, the lawyer shall not be obliged to read this e-mail without an explicit order to do so. If the lawyer reads the e-mail sent, he shall be entitled to a fee for this in accordance with an express agreement for comparable services or in accordance with RATG or AHK.
8.4 Value added tax at the statutory rate, necessary and reasonable expenses (e.g. for travel expenses, telephone, fax, copies) as well as cash expenses and court fees paid on behalf of the client shall be added to the fee due to/agreed with the lawyer.
8.5 The client acknowledges that an estimate made by the lawyer, which is not expressly designated as binding, regarding the amount of the fee likely to be incurred shall be non-binding and shall not be regarded as a binding cost estimate (within the meaning of Section 5 (2) of the Austrian Consumer Protection Act), because the extent of the services to be rendered by the lawyer cannot, by its nature, be reliably assessed in advance.
8.6 The Client shall not be invoiced for the expenses incurred for the billing and preparation of the fee notes. This does not apply, however, to the expenses incurred by the translation of service specifications into a language other than German at the client's request. Unless otherwise agreed, the time and effort required for letters to the client's auditor at the client's request, 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, shall be charged.
8.7 The lawyer shall be entitled at any time, but in any case on a quarterly basis, to issue fee notes and to make advance payments of fees.
to require.
8.8 If the client is in default of payment of all or part of the fee, the client shall pay interest on arrears to the lawyer at the statutory rate of 4% per annum. If the client is responsible for the delay in payment, he shall compensate the lawyer for the actual damage exceeding this amount. Any further legal claims (e.g. § 1333 ABGB) shall remain unaffected.
8.9 All court and official costs (cash expenses) and expenses (e.g. due to purchased external services) arising in the course of the performance of the mandate may - at the discretion of the lawyer - be transferred to the client for direct payment.
8.10. In case of placing an order by several clients in one legal matter, they shall be jointly and severally liable for all resulting claims of the lawyer, unless the lawyer's services under the mandate are divisible and have clearly been rendered for one client only.
9. liability of the lawyer
9.1 The liability of the lawyer for faulty advice or representation shall be limited to the insurance sum available for the specific case of damage in the event of slightly negligent infliction of damage, but shall be at least in the amount of the insurance sum specified in § 21a RAO as amended. This is currently EUR 400,000 (in words: four hundred thousand euros) and in the case of law firms in the form of a limited liability company EUR 2,400,000 (in words: two million four hundred thousand euros).
9.2 The maximum amount applicable pursuant to Clause 9.1 shall include all claims against the lawyer due to incorrect advice and/or representation, such as, in particular, claims for damages and price reduction. This maximum amount shall not include claims of the client to reclaim the fee paid to the lawyer. Any deductibles shall not reduce the liability. The maximum amount applicable according to item 9.1. refers to one insured event. If there are two or more competing injured parties (clients), the maximum amount for each individual injured party shall be reduced in proportion to the amount of the claims.
9.3 In the event that a law firm is commissioned, the limitations of liability pursuant to Sections 9.1. and 9.2. shall also apply in favor of all lawyers working for the firm (as its shareholders, managing directors, employed lawyers or in any other capacity).
9.4 The lawyer shall only be liable for third parties (in particular external experts), who are neither employees nor partners and who have been commissioned with the client's knowledge to provide individual partial services, in the event that they are at fault for their selection.
9.5 The lawyer shall be liable only to his/her client, not to third parties. The client shall be obliged to expressly draw the attention of third parties who come into contact with the lawyer's services due to the client's involvement to this fact.
9.6 The lawyer shall be liable for the knowledge of foreign law only in case of a written agreement or if he has undertaken to examine foreign law. EU law is never considered foreign law, but the law of the Member States is.
10. legal protection insurance of the client
10.1 If the client has legal expenses insurance, he/she shall inform the lawyer thereof without delay and submit the required documents (if available). Irrespective of this, the lawyer shall be obliged to obtain information on his/her own initiative as to whether and to what extent legal expenses insurance exists and to apply for legal expenses coverage.
10.2 The client's notification of a legal expenses insurance and the lawyer's obtaining legal expenses coverage shall not affect the lawyer's fee claim against the client and shall not be deemed to be the lawyer's consent.
to be satisfied with the fee paid by the legal expenses insurance.
10.3 The lawyer shall not be obliged to claim the fee directly from the legal expenses insurance, but may claim the entire fee from the client.