Terms & Conditions
1. Lige Advocaten is a limited liability partnership (CVBA) organised and existing under Belgian law, with registered office at Cockerillkaai 18, 2000 Antwerp (hereinafter referred to as ‘Lige Advocaten’). All partners of Lige Advocaten are members of the Antwerp Bar.
2. These general terms and conditions apply to all services rendered by Lige Advocaten, its partners, associates and personnel. Any deviations from these general terms and conditions require a formal written agreement between Lige Advocaten and the client.
3. The client undertakes to provide all relevant information and data, as the case may be, substantiated with documentary evidence. The client is responsible for the accuracy, completeness and reliability of the information and data provided, even if verifiable.
4. The services rendered by Lige Advocaten are for the benefit of the client only. Third parties cannot derive any rights whatsoever from (the results of) the work performed.
5. The client and/or Lige Advocaten can at all times terminate the agreement, without any right to compensation, without prejudice to the client’s obligation to compensate Lige Advocaten for the services rendered and expenses incurred. Lige Advocaten cannot terminate the agreement in untimely manner, or in a manner which jeopardises the interests of the client, unless the client has neglected to pay fees, provisions or cost which are due and payable.
6. The liability of Lige Advocaten, its partners, and its associates, is limited to the amount effectively recovered under the professional liability insurance policy of the Order of Flemish Bar Associations (standard and supplementary policy). The client can receive a transcript of these policies upon first request. Upon written request of the client, an additional insurance policy can be taken out for a specific assignment. If, for any reason whatsoever, no effective recovery is obtained under the professional liability insurances, the liability of Lige Advocaten shall be capped at the amount of fees invoiced to and paid by the client for the relevant assignment, but with an absolute maximum of 500,000 euros. Unless otherwise agreed, Lige Advocaten shall not be liable for any work performed by third parties which Lige Advocaten would involve.
7. Lige Advocaten draws up its fee notes based upon the services rendered. In principle, fees are determined based upon the duration of the services rendered and the applicable hourly rates. An overview of the applicable hourly rates can be obtained upon simple request. From time to time, Lige Advocaten may reassess the hourly rates, meaning that the rates may change generally, or that the rate of a specific lawyer may change. Lige Advocaten applies a 7% surcharge on the fees due for general office expenses (e.g. administrative and secretarial support, copies, telephone charges and mail charges). Specific costs (e.g. courier costs, fees and costs owed to bailiffs and translators, and court costs) shall be billed separately to the client. Lige Advocaten periodically bills its services, in principle on a monthly basis. Lige Advocaten can request provisions.
8. Fees, provisions and expenses are payable in cash at the registered office of Lige Advocaten. As from the 21st day after payment being due, interest at a rate of 10% shall apply by law and without notice of default. When a payment is overdue, the client will also be obliged to pay a one-off compensation for collection charges, equal to 10% of the principal amount. If the client neglects to pay, Lige Advocaten can suspend its services until full payment has taken place.
9. The agreement between Lige Advocaten and the client (and any non-contractual obligations arising out of or in connection with it) is governed by Belgian law and the applicable deontological rules. All disputes (including any disputes relating to any non-contractual obligations arising out of or in connection with the agreement) shall be settled by the courts of the registered office of Lige Advocaten (courts of Antwerp, department Antwerp, Peace Court of the 5th district). Lige Advocaten reserves the right to take legal action before the courts of the jurisdiction of the client.
OUT OF COURT SETTLEMENT OF DISPUTES
10. Lawyers are bound by the regulations regarding out of court settlement of disputes as set out in book XVI of the Code of Economic Law. Clients can file a complaint or obtain information regarding an existing agreement via [email protected]. Complaints need to be addressed to a partner. Clients can also file a complaint with the “Ombudsdienst Consumentengeschillen Advocatuur” (OCA), the certified entity for out of court settlement of disputes between lawyers and clients regarding services rendered by a lawyer. The OCA is located at Staatsbladsstraat 8, 1000 Brussels. Complaints are preferably filed online by using the electronic complaint form at http://oca.ligeca.be/en/. Please also consult this link for additional information regarding the OCA.