LIVA FISCALE ADVOCATEN BV – GENERAL TERMS AND CONDITIONS – VERSION MARCH 2021

 

 

 

Article 1. Definitions

 

 

In these general terms and conditions, the following definitions shall apply:

 

Liva Fiscale Advocaten: the civil-law partnership under Belgian law that has adopted the legal form of a private limited liability company (Besloten Vennootschap), with the purpose of practising the profession of lawyer and lawyer before the Court of Cassation, having its registered office and place of business at 9300 Aalst, Stationsstraat 6 box 11, registered with the Crossroads Bank for Enterprises under number 0757.679.569 and with VAT number BE0757.679.569.

 

Telephone: +32 53 89 35 97

Website: www.liva-advocaten.be

E-mail: info@liva-advocaten.be

 

Client or Clients: the natural person(s), legal entity(ies) or organisation(s) making use of the services of Liva, as well as any affiliated or associated companies or companies with which a participation relationship exists.

 

Party or Parties: Liva and/or the Client.

 

 

 

Article 2. Applicability

 

 

These general terms and conditions apply to every service provided by Liva to the Client and therefore form an integral part of the contractual relationship between Liva and the Client.

 

As a framework agreement, these general terms and conditions apply not only to the Client’s initial assignment to Liva, but also to all subsequent assignments, unless different arrangements are expressly agreed upon in writing for a specific assignment.

 

Agreements deviating from one or more provisions of these general terms and conditions shall only replace the provision(s) from which they deviate. All other provisions shall remain fully applicable.

 

 

 

Article 3. Contracting Party of the Client

 

 

The lawyers affiliated with Liva perform their services in the name and for the account of Liva. Liva is the sole contracting party of the Client for all services performed by its partner-lawyers, associate lawyers, trainee lawyers and employees.

 

Exceptionally, a lawyer affiliated with Liva may handle a case in his or her own name. In such case, the agreement with and any correspondence from the lawyer handling the case in his or her own name shall explicitly state this (for example: “This case is a personal case of Mr. […] and not a case of Liva” and/or by using personal letterhead or a personal e-mail address).

 

When a lawyer affiliated with Liva handles a case in his or her own name, that lawyer alone shall be the contracting party of the client.

 

The Client can always consult on Liva’s website the bar association with which the lawyers affiliated with Liva are registered, the professional (deontological) rules to which they are subject, and where those rules may be consulted.

 

 

 

Article 4. Scope of Services

 

 

The services provided by Liva may include, among other things, the provision of advice, assistance in mediation, assistance in negotiations, assistance in legal proceedings, or acting as an agent.

 

The Parties shall agree on the precise scope of Liva’s services at the commencement of the work and, where necessary or useful, adapt or extend it during the further execution thereof.

 

The Client agrees that the determination of the precise scope of the services and any adaptation or extension thereof may take place without any formal requirements and may, inter alia, result from correspondence, the (even tacit) acceptance of services rendered, or the payment of invoices.

 

Unless it is beyond any reasonable doubt apparent from the nature of the assignment that it concerns an obligation of result, or unless expressly agreed upon in writing, Liva’s obligations are obligations of best efforts and not obligations of result.

 

The place of performance of Liva’s obligations is its registered office.

 

Unless otherwise expressly agreed in writing, Liva does not provide advice regarding the financial or accounting treatment of any transaction or operation decided upon by the Client and arising from the services provided by Liva, its agents and employees. Liva shall not be obliged to handle any legal or statutory matter not included in the engagement letter concluded between Liva and the Client.

 

In the context of its services, Liva may orally discuss certain ideas with the Client or submit draft advice. Liva shall bear no liability if the Client or any other party decides to rely on, act upon, or refrain from acting upon such oral advice or draft advice.

 

 

 

Article 5. Internal Allocation of Tasks

 

 

Unless the Client expressly and in writing objects thereto, Liva may, at its own discretion, internally allocate or reallocate cases or certain aspects thereof among its partner-lawyers, associate lawyers, trainee lawyers and employees.

 

This internal allocation shall, as far as possible, be based on the lawyers’ areas of preference and/or the Client’s wishes. Where necessary, work shall be carried out in teams.

 

The dominus litis shall at all times retain supervision over the case.

 

The Client shall be informed of the details of the lawyer handling his or her case.

 

 

 

Article 6. Loyal Cooperation – Exchange of Information – Processing of Personal Data – Presumption of Mutual Representation in Case of Multiple Clients

 

 

The Client shall provide Liva, both at the commencement of the agreement and during its term, promptly and, where applicable at Liva’s request, with all information required to enable the optimal performance of its services.

 

Liva shall not be liable for any damage resulting from incorrect or incomplete information provided by the Client, or from the late provision of information by the Client.

 

The Client expressly authorises Liva, and by extension Liva’s partner-lawyers, associate lawyers, trainee lawyers and employees, to process the personal data necessary or useful for the execution of the Assignment (as defined, where applicable, in the engagement letter), in accordance with Liva’s Privacy Policy. The Privacy Policy can always be consulted on Liva’s website (https://liva-advocaten.be/) and may also be obtained free of charge by sending an e-mail to info@liva-advocaten.be.

 

Liva shall keep the Client duly informed of the execution of its services and of the progress of the handling of the case.

 

Liva reminds the Client that legal proceedings involve risks and costs (in addition to the Client’s own lawyers’ fees). In particular, Liva reminds the Client of the rules regarding legal costs as set out in Articles 1017 to 1024 of the Belgian Judicial Code and their implementing decrees. On the basis of these statutory provisions:

(A) in civil proceedings, the unsuccessful party is in principle ordered to bear the costs;

(B) such costs include, inter alia, a procedural indemnity, i.e. “a lump-sum contribution to the costs and fees of the lawyer of the successful party”; and

(C) the amount of this procedural indemnity is determined according to complex rules and (periodically indexed) tariff scales.

Different, possibly similar, rules apply to other proceedings, such as criminal or administrative proceedings.

 

If Liva represents the interests of several Clients in one case, it may assume that these Clients mutually represent each other, in particular with regard to the exchange of information, approval of draft documents and approval of certain actions.

 

This applies in particular where the Clients concerned are spouses, cohabitants, family members, business partners, parties to the same agreement, members of the same (corporate) body, affiliated or associated companies, companies with a participation relationship, or a company and its principal.