Update on 3rd September 2022
These general terms and conditions are available at our office for your perusal and/or inspection, and you can also read them on the website. The conditions will be sent to you on your request. New versions of these terms and conditions shall automatically apply to current assignment agreements.
A. Execution of assignment
1. The activities to be performed by me in connection with the assignment are intended to advise you, to provide you with legal assistance or, if applicable, to lead to the result as described in my letter of confirmation.
2. I will endeavor to achieve this result but do not guarantee that it will be possible.
3. I am the owner of Julien Luscuere Advocatuur B.V. (hereafter: JLA) and conduct my legal practice under this company. The provision of services is confirmed in a best-efforts agreement between JLA and the client. You do not enter into an agreement with me as a natural (private) person.
4. I will personally carry out the assignment under JLA. In carrying out my work, I will be guided solely by your interests, taking into account the applicable regulations, including the rules of conduct for lawyers, regulations and guidelines of the Netherlands Bar Association. I will act in a manner that may be expected from a reasonably competent and reasonably acting lawyer. If I consider it responsible and/or desirable for me to be assisted by others (with the exception of a bailiff) in the performance of my work, I will not do so without your permission.
5. I will keep you informed of developments, progress and changes in the case.
B. Cancellation of the assignment
1. You can cancel the order at any time
2. I cannot terminate the contract, except for serious reasons or if I am not prepared, on reasonable grounds, to carry out the assignment according to your wishes. Such circumstances may arise, for instance, if we disagree on the approach to the case to such an extent that it is no longer sensible for me to continue the work.
3. In both cases, I will send you a final invoice based on the hours spent.
C. Financial agreements
1. The confirmation letter will confirm the financial arrangements with you. The agreements below are additional, unless we have explicitly made other written agreements. Reasons for deviating are, for example, that special expertise is required, the urgency or complexity of the case.
2. I have drawn your attention to the possibilities of financed legal aid. For more information I have referred you to the website of the Legal Aid Board: www.rechtsbijstand.nl and www.juridischloket.nl.
3. If you are not eligible for financed legal aid, if you have decided not to apply for it, or if I am unable or unwilling to assist you on that basis, my fee, unless otherwise agreed, will be €345 per hour, exclusive of VAT, for legal entities and other professional/business assignments, and exclusive of taxed and untaxed disbursements, and €345 including VAT for consumers, and exclusive of taxed and untaxed disbursements. Disbursements are the expenses incurred by me on your behalf, such as court fees, bailiff fees, travel and accommodation costs.
4. Time is written in units of (at least) five minutes for all activities that are focused on or related to the assignment. Work is also understood to include necessary and non-necessary communication with the client, including telephone calls, e-mails and WhatsApp. Communication about rates, conditions or complaints will not be charged for.
5. In the case of a fixed fee agreement, a fair use policy applies. This means that only the work and communication directly related to the case, as described in the order confirmation, is covered by the price agreement, based on correct information and documents provided by or on behalf of you. Legal advice on other issues, necessary adjustments and extra work as a result of incorrect or missing information, or extensive communication that has no substantive meaning, are not covered. If there is no fair use, I will point this out to you so that we can make additional arrangements, such as charging an hourly rate for this extra work.
6. I will warn you as early as possible if my work exceeds the time budgeted in advance. In that case, you can contact me about the continuation or an interim termination of the assignment. Without any notification from you, I will assume that you agree to the continuation of the assignment.
7. You will receive a statement from me periodically for the work I have done, including the expenses I have incurred on your behalf.
8. The invoices must be paid within 14 days, without deduction, discount or settlement.
9. If you, as a legal entity and/or professional/commercial client, do not pay the invoice(s) (on time), you will owe an amount of 10% of the outstanding invoice(s) after a reminder and demand, without prejudice to the indebtedness of the invoice and the claim for fulfilment of that payment obligation by the lawyer. Furthermore, all judicial and extrajudicial (collection) costs reasonably incurred will be at your expense. The amount of the extrajudicial (collection) costs due is set at a minimum of 20% of the outstanding invoice(s) with a minimum amount of €100 per outstanding invoice. These amounts are exclusive of VAT.
D. Liability
1. My liability for any professional errors is always limited in its entirety to the amount paid out in the relevant case under the (professional-) liability insurance, including the amount of the excess.
2. If, for whatever reason, no payment is made under the insurance referred to in the first paragraph of this article, any liability shall be limited to five times the amount charged by me in the relevant case in the relevant year, excluding disbursements and turnover tax, up to a maximum of € 10,000,-.
3. All rights of action or other powers for whatever reason against the lawyer, or the partnership or the employees, in respect of activities performed by him, will expire one year after the moment the person involved became aware or could reasonably have become aware of the existence of these rights or powers, without prejudice to the obligation to complain within a reasonable time as stipulated in Article 6:89 of the Dutch Civil Code.
E. Issuing and archiving the file
1. After the case is closed, the file is physically stored for two months. After that, the file is digitally archived. I am not liable for the loss of documents.
2. You can request the physical (paper) file and/or original documents to be handed over up to two months after closure. If you wish to collect specific documents, you must make an appointment yourself. After this period, only a digital copy can be provided until at least seven years after closure of the file.
3. In all cases, I reserve the right to issue the file, or a copy thereof, only after all outstanding and undisputed invoices have been paid to my office.
F. Complaints and disputes procedure for the legal profession
1. The complaints procedure is available for inspection at the office, or can be requested by e-mail, and describes the internal complaints procedure. This procedure implies that you first make your complaints known to me. If this does not lead to a satisfactory result, you can contact the external complaints officer of my office, M.C. de Jong, a lawyer working at Inigo Advocaten. If my office does not succeed in resolving your complaints, you may submit them to the Dean of the Supervisory Council of the Rotterdam district.
G. Applicable law
1. This agreement is governed by Dutch law.
2. If I am acting as the plaintiff, I shall be entitled, in deviation from this, to bring the dispute before the foreign court eligible for hearing.