DUBOIS, VERLINDEN, WAUMAN
VAT BE 0888.627.985
General terms and conditions for the services of the partnership, forming part of the agreement with the client
The attorney informs the client promptly of the execution of his assignment and the progress in handling his case. The client gives any useful information to the attorney promptly throughout the duration of the assignment, on request of the attorney if necessary.
2. Enlistment of third parties
If it is necessary in executing the assignment that a bailiff or translator be enlisted, the client leaves the choice of these to the attorney. The attorney calls on other third parties, such as attorneys specialised in matters other than fiscal law, notaries, experts or accountants, only with the express consent of the client.
3. Fixed-sum fee
If the fee is paid as a fixed sum, the related agreement is listed in Appendix 1F (Agreement on determination of fixed-sum fees) added to the terms of reference.
4. Fee at hourly rate
If the fee is determined at an hourly rate, the related agreement is listed in Appendix 1U (Agreement on determination of fees by hourly rate) added to the terms of reference. This hourly rate depends on the particular attorney, the effort required in the case, the complexity, the experience of the attorney, the urgent nature of the case, the specialised knowledge, and similar factors.
5. Common provisions for calculation of the fee
All amounts listed in the agreements on determination of fees (Appendix 1F or 1U) are exclusive of VAT. Before the final statement, commissions shall be charged that correspond to the tasks already performed or to be performed. These advances are deducted from the final statement.
6. Reimbursement of expenses
Court costs and bailiff’s fees are passed on to the client without surcharge.
Secretarial costs are always charged separately as follows:
- Typing per letter: 12,00 EUR
- Copies and printouts (per page): 0,75 EUR
- Registered letter: 20,00 EUR
Travel costs are charged per instance if possible (high-speed train, airplane). If this is not possible, market-based rates are charged. At the end of the assignment a filing cost of 50 EUR per dossier is charged.
7. Terms of payment
The client is to pay the commissions and the final statement of expenses and fees within the month after the date sent. If urgency requires it, the attorney can claim faster payment. In all cases, initiation or continuation of the assignment can be made dependent on settlement of the commissions or fees as requested by the attorney. If the client does not agree with the sum requested, he should object by registered letter within fourteen days. In the event of failure to pay by the due date, late interest of 9% per year is incurred by right and without notice of default, and damages of 10% shall also be owed on the outstanding balance.
8. Third-party funds
The attorney passes on to the client all amounts he receives for his client as soon as possible. However, the attorney may withhold from these amounts or from the procedural indemnity received sums to cover the commissions or the final statement. The attorney passes on all amounts he receives from the client for the account of third parties to these third parties immediately.
Every attorney in the partnership is insured with regard to professional liability for an amount of at least 1 250 000 EUR. If the client wishes, he can receive further information on the insurance of the individual attorneys. On request of the client, an additional increased insurance can be taken out for a specific assignment. The premium for this additional insurance is the responsibility of the client. In no case can the attorney be held liable for a higher amount than may be paid out by the insurer under professional liability.
10. Termination of the agreement
The client can terminate the agreement at any time by informing the attorney of this in writing. The attorney then sends a final statement of expenses and fees to the client, taking account of his services up to the termination of the agreement. The attorney cannot request damages. The attorney shall send the documents in the file (back) to the client or to the attorney who follows him at first request. The attorney can end the agreement at any time by informing the client of this in writing. In determining the time at which he ends his services, the attorney is to take account of the possibility for the client to obtain the necessary support from another attorney in a timely manner.
11. Applicable law and disputes
Belgian law is applicable and the courts of Antwerp have exclusive jurisdiction. It is preferable that the parties settle their differences amicably. As necessary, they call on the bodies of the Bar Association provided for this purpose. Signed by the client for agreement and signed by the attorney for confirmation in Antwerp.
 The general terms and conditions are available in Dutch, French and English.