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GENERAL TERMS AND CONDITIONS OF CONTRACT

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1. Scope

The terms and conditions of the contract apply to all activities and judicial/official as well as extrajudicial acts of representation that are carried out in the course of a contractual relationship between the lawyer (hereinafter referred to as “lawyer”) and the client (hereinafter also referred to as “mandate”).
The terms and conditions of the order also apply to new mandates, unless otherwise agreed in writing.

2. Order and power of attorney

The lawyer is entitled and obliged to represent the client to the extent necessary and expedient for the fulfilment of the mandate. If the legal situation changes after the end of the mandate, the lawyer is not obliged to inform the client of changes or resulting consequences.
Upon request, the client must sign a written power of attorney vis-à-vis the lawyer. This power of attorney may be directed to the carrying out of individual, precisely defined or all possible legal transactions or legal acts.

3. Principles of representation

The lawyer must conduct the representation entrusted to him in accordance with the law and represent the rights and interests of the client vis-à-vis everyone with zeal, loyalty and conscientiousness.
In principle, the lawyer is entitled to perform his services at his own discretion and to take all steps, in particular to use means of attack and defence in any way, as long as this does not contradict the client’s mandate, his conscience or the law.
If the client gives the lawyer an instruction, compliance with which is based on the law or other professional law (e.g. the “Guidelines for the Exercise of the Legal Profession” [RL-BA 2015] or the adjusing practice of the Appeal and Disciplinary Senates for Lawyers and Associates at the Supreme Court and the former Supreme Appeal and Disciplinary Commission for Lawyers and Trainee Lawyers [OBDK]) is incompatible with the principles of proper practice of the profession of the lawyer, the lawyer must reject the instruction. If, from the lawyer’s point of view, instructions are inappropriate or even disadvantageous for the client, the lawyer must inform the client of the potentially adverse consequences before they are carried out.
In the event of imminent danger, the lawyer is entitled to take or refrain from taking an action not expressly covered by the order placed or contrary to an instruction given, if this appears urgently necessary in the interest of the client.

4. Information and cooperation obligations of the client

After the mandate has been issued, the client is obliged to inform the lawyer immediately of all information and facts that could be of importance in connection with the execution of the mandate and to make all necessary documents and evidence accessible. The lawyer is entitled to accept the accuracy of the information, facts, documents, documents and evidence, provided that their inaccuracy is not obvious. The lawyer must work towards the completeness and correctness of the facts by means of targeted questioning of the client and/or other appropriate means. With regard to the accuracy of supplementary information, the second sentence of clause 4.1 shall apply.
During an upright mandate, the client is obliged to inform the lawyer immediately after becoming aware of any changed or newly occurring circumstances that could be of importance in connection with the execution of the order.
If the lawyer acts as a contract builder, the client is obliged to provide the lawyer with all the necessary information necessary for the self-calculation of the real estate transfer tax, registration fee and real estate income tax. If the lawyer makes the self-calculations on the basis of the information provided by the client, he is in any case released from any liability towards the client. The client, on the other hand, is obliged to indemnify and hold the lawyer harmless in the event of financial disadvantages if the client’s information is found to be incorrect.

5. Obligation of confidentiality, conflict of interests

The lawyer is obliged to maintain secrecy about all matters entrusted to him and the facts otherwise known to him in his professional capacity, the secrecy of which is in the interest of his client.
The lawyer is entitled to instruct all employees within the framework of the applicable laws and guidelines with the processing of matters, provided that these employees have been demonstrably informed of the obligation of secrecy.
Only insofar as this is necessary for the prosecution of claims of the lawyer (in particular claims for the lawyer’s fee) or for the defence of claims against the lawyer (in particular claims for damages of the client or third parties against the lawyer), the lawyer is released from the duty of confidentiality.
The client is aware that, due to legal orders, the lawyer is in some cases obliged 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 terrorist financing as well as to provisions of tax law (e.g. Account Register and Account Inspection Act, GMSG, etc.).
The client may release the lawyer from the obligation of confidentiality at any time. The release from secrecy by his client does not relieve the lawyer of the obligation to check whether his statement corresponds to the interest of his client. If the lawyer acts as a mediator, he has to claim his right to secrecy despite his release from the duty of confidentiality.
The lawyer must check whether the execution of a mandate poses a risk of a conflict of interest within the meaning of the provisions of the Lawyers’ Code.

6. Reporting obligation of the lawyer

The lawyer must inform the client orally or in writing of the actions he has taken in connection with the mandate to an appropriate extent.

7. Under-empowerment and substitution

The lawyer may be represented by a trainee lawyer or another lawyer or his authorised trainee lawyer (sub-authorisation). In the event of prevention, the lawyer may pass on the order or individual partial actions to another lawyer (substitution).

8. Fee

Unless otherwise agreed, the lawyer is entitled to a reasonable fee.
Even if a lump sum or time fee is agreed, the lawyer shall at least be entitled to the amount of reimbursement of costs claimed by the opponent in addition to this fee, insofar as this can be made collectible, otherwise the agreed lump sum or time fee.
If the lawyer is sent an e-mail by the client or his sphere for information, the lawyer is not obliged to read this mail without an express order. If the lawyer reads the e-mail sent, he is entitled to a remuneration in accordance with an express agreement for comparable services or according to RATG or AHK.
To the fee due to the lawyer/agreed with him, the value added tax to the legal extent, the necessary and reasonable expenses (e.g. for travel expenses, telephone, fax, copies) as well as the cash expenses paid on behalf of the client (e.g. court fees) are to be added.
The client acknowledges that an estimate made by the lawyer, which is not expressly designated as binding, about the amount of the fee that is expected to be incurred is non-binding and not to be regarded as a binding cost estimate (within the meaning of § 5 para 2 KSchG), because the extent of the services to be provided by the lawyer cannot, by its very nature, be reliably assessed in advance.
The expenses for the billing and creation of the fee notes will not be invoiced to the client. However, this does not apply to the effort caused by the translation of specifications into a language other than German carried out at the request of the client. Unless otherwise agreed, the expenses for letters to the client’s auditor written at the client’s request, in which, for example, the status of pending cases, a risk assessment for the accrtion formation and/or the status of the outstanding fees at the balance sheet date are cited, are offset.
The lawyer is entitled at any time, but in any case monthly, to place fee notes and to demand fee advances.
A fee note sent to the client and duly broken down shall be deemed to have been approved if and to the extent that the client does not object in writing within one month (receipt by the lawyer is decisive) from receipt.
If the client is in arrears with the payment of all or part of the fee, he must in any case pay the lawyer default interest in the amount of 1.5% p.M. If the client is responsible for the delay in payment, he must also compensate the lawyer for any additional damage actually incurred. Any further statutory claims (e.g. § 1333 ABGB) remain unaffected.
All judicial and official costs (cash expenses) and expenses (e.g. due to purchased third-party services) incurred in the fulfilment of the mandate may – at the discretion of the lawyer – be transmitted to the client for direct payment.
If an order is issued by several clients in a case, they are jointly and severally liable for all resulting claims of the lawyer.
Cost compensation claims of the client against the opponent are hereby assigned to the lawyer in the amount of the lawyer’s fee claim with their emergence. The lawyer is entitled to inform the opponent of the assignment at any time.
In order to enforce outstanding fee claims, the lawyer is entitled to carry out personal queries in the land register within the meaning of § 6 (2) of the Land Register Conversion Act or to have them carried out on his behalf within the meaning of § 42c RL-BA. This authorization shall also apply without the existence of an enforceable pecuniary claim. Any higher reimbursement of costs by third parties is in any case due to the lawyer. The lawyer is authorized to book incoming third-party funds on open fee components. In any case, foreign money payments will only be made after coverage of open fee components.

9. Liability of the lawyer

The liability of the lawyer for incorrect advice or representation is limited to the sum insured available for the specific case of damage, but consists at least in the amount of the sum insured specified in § 21a RAO idgF. These are currently € 400,000,– (in words: Euro four hundred thousand) and in the case of law firms in the form of a limited liability company € 2,400,000,– (in words: Euro two million four hundred thousand).
The according to section 9.1. applicable maximum amount includes all claims against the lawyer due to incorrect advice and/or representation, such as in particular for damages and price reduction. This maximum amount does not include claims by the client to recover the fee paid to the lawyer. Any deductibles do not reduce liability. The according to section 9.1. applicable maximum amount refers to an insured event. In the presence of two or more competing injured parties (clients), the maximum amount for each individual injured party shall be reduced according to the ratio of the amount of the claims.
If a law firm is commissioned, the limitations of liability in accordance with Section 9.1 shall apply. and 9.2. also for the benefit of all lawyers working for the company (as its shareholders, managing directors, employed lawyers or in any other function).
The lawyer is liable for third parties commissioned with individual partial services with the knowledge of the client in the context of the provision of services (in particular external experts), who are neither employees nor shareholders, only in the event of selection fault.
The lawyer is only liable to his client, not to third parties. The client is obliged to expressly inform third parties who come into contact with the services of the lawyer due to the client’s actions to this circumstance.
The lawyer is liable for the knowledge of foreign law only in the case of a written agreement or if he has made himself entitled to examine foreign law. EU law is never considered foreign law, but it is the law of the Member States.

10. Statute of limitations/preclusion

Unless a shorter limitation or preclusive period applies by law, all claims against the lawyer shall lapse if they are not asserted in court by the client within six months from the time when the client becomes aware of the damage and the person of the injuring person or of the event otherwise giving cause to the claim, but no later than three years after the damage-causing (claim-giving) conduct (violation).

11. Legal expenses insurance of the client

If the client has legal expenses insurance, he must inform the lawyer immediately and submit the necessary documents (if available). Irrespective of this, however, the lawyer is also obliged to obtain information on whether and to what extent legal expenses insurance exists and to apply for legal expenses cover.
The disclosure of legal expenses insurance by the client and the obtaining of legal protection coverage by the lawyer does not affect the lawyer’s fee claim against the client and is not to be regarded as the lawyer’s consent to be satisfied with what the legal expenses insurance has provided as a fee.
The lawyer is not obliged to claim the fee directly from the legal expenses insurance, but can claim the entire fee from the client.

12. Termination of the mandate

The mandate can be terminated by the lawyer or the client at any time without observing a deadline and without giving reasons. The lawyer’s fee claim remains unaffected.
In the event of dissolution by the client or the lawyer, the client must still represent the client for a period of 14 days to the extent necessary to protect the client from legal disadvantages. This obligation does not exist if the client revokes the mandate and expresses that he does not want the lawyer to continue working.
The client relationship shall be deemed to have ended with the complete performance of the activities to be performed by the lawyer in accordance with the agreement. In the case of a permanent representation relationship, the client relationship ends if more than twelve months have passed since the lawyer was last expressly requested to act for the client or (if this is later) since the lawyer has last worked for the client. If the client re-engages the lawyer at a later date, the client relationship is revived under the original conditions.

13. Obligation to surrender

Upon request, the lawyer must return the original documents to the client upon termination of the contractual relationship. The lawyer is entitled to keep copies of these documents.
If, after the end of the mandate, the client again requests documents (copies of documents) that he has already received in the context of the mandate processing, the costs are to be borne by the client.
The lawyer is obliged to keep the files for a period of five years from the end of the mandate and to hand over copies to the client if necessary. Clause 13.2 shall apply to the bearing of costs. If longer statutory periods apply for the duration of the retention obligation, these must be complied with. The client agrees to the destruction of the files (including original documents) after expiry of the retention obligation.

14. Choice of law and place of jurisdiction

The terms and conditions of the contract and the client relationship regulated by them are subject to substantive Austrian law.
For legal disputes arising from or in connection with the contractual relationship regulated by the terms and conditions of the order, including disputes about its validity, the exclusive jurisdiction of the competent court at the registered office of the lawyer is agreed, unless this is contrary to mandatory law. However, the lawyer is also entitled to bring claims against the client before any other court in Germany or abroad in whose district the client has his registered office, domicile, branch or assets.

15. Final provisions

Changes or additions to these Terms and Conditions of Order must be made in writing in order to be valid.
Declarations by the lawyer to the client shall in any case be deemed to have been received if they are sent to the address notified by the client when the mandate was issued or the changed address subsequently communicated in writing. However, unless otherwise agreed, the lawyer may correspond with the client in any way he considers suitable, in particular also by e-mail with the e-mail address that the client discloses to the lawyer for the purpose of communication under one. If the client in turn sends emails to the lawyer from other email addresses, the lawyer may also communicate with the client via this email address. Unless otherwise specified, declarations to be made in writing in accordance with these Terms and Conditions of Order may also be made by fax or e-mail. Unless otherwise instructed by the client, the lawyer is entitled to handle e-mail correspondence with the client in an unencrypted form. The client declares to be informed about the associated risks (in particular access, secrecy, change of messages in the course of transmission) and about the possibility of using TrustNetz and, knowing these risks, agrees that the e-mail traffic is not carried out in encrypted form.
The client expressly agrees that the lawyer processes, transfers or transmits the personal data concerning the client and/or his company to the extent that this is necessary and appropriate for the fulfilment of the tasks assigned to the lawyer by the client or results from legal or professional obligations of the lawyer (e.g. participation in electronic legal transactions, etc.).
The invalidity of one or individual provisions of these Terms and Conditions of Order or of the contractual relationship regulated by the Terms of Order shall not affect the validity of the remaining agreement. The contracting parties undertake to replace the invalid provision(s) with a provision that is as close as possible to this in the economic result.

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