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Terms of use

GENERAL CONDITIONS OF THE FIRM'S INTERVENTION

These general conditions of intervention of the firm determine the general framework for the execution of legal services performed by this Firm for its clients.

The lawyers of the firm are subject to the National Internal Regulations of the lawyer's profession and the regulatory provisions specific to the Bar to which they are registered, including in particular the ethical rules applicable in the exercise of their profession.

Their interventions on behalf of the Firm's clients are governed by these General Conditions, except for express and written particular agreements.

 

However, none of these agreements may derogate from the provisions of the National Internal Regulations of the lawyer's profession and the provisions of these GCI relating to the management of difficulties related to settlements

  1. FIRM'S MISSIONS

1.1 Assistance/Representation in Justice

1.1.1. The lawyers of the Firm represent or assist the client who makes the written request before all jurisdictions. The diligences performed in this respect are remunerated according to the rules defined in Article 2.

1.1.2. Except in cases of emergency or particular case, the acts and writings dealing with the substance of the case are transmitted to the client as a draft for opinion and discussion.

1.1.3. Depending on the type of litigation, the intervention of pleading lawyers or other legal auxiliaries may be desirable or required to perform certain procedural acts and/or formalities, it being specified that the lawyers of the Firm retain, except for special procedures, the power to develop a strategy, produce writings, and plead the case.

1.2 Legal advice

1.2.1 The lawyers of the Firm provide all legal advice in the form of written consultations or drafting of legal acts (contracts, agreements, letters, etc.) having previously been the subject of a written request from the client specifying the question asked or the object of the act and indicating the relevant factual context. This request is accompanied by all useful documents. Advisory missions may also consist of assistance during negotiations or a written mandate for negotiation, talks, or transaction, or in oral advice. These diligences are remunerated according to the rules defined in Article 2.

1.2.2 If the required advice concerns foreign law, the opinion of local correspondents may be sought.

Without prejudice to the application of national rules governing the exercise of the lawyer's profession, the intervention of the Firm's offices located abroad takes place under the conditions and limits resulting from the mandatory rules of the legislation of the countries concerned. The concerned office will inform the Client if necessary.

1.3 Formalism of missions

At the beginning or at any appropriate time of the relationship between the Client and the Firm, they may establish a Fee Agreement applicable to all missions or files treated.

A Mission Letter is established for any mission or intervention, in accordance with the provisions of the law 71-1130 of December 31, 1971.

The contractual link exists as soon as the parties agree on the acceptance of the Mission and the price. The firm is not required to start the Mission until the client has expressly agreed to the mission letter.

The Mission Letter describes the mission entrusted, the modalities of its execution, the procedure(s) that the firm will implement or the acts it may be led to establish alone or with one or several other colleagues.

In the absence of a previously established Fee Agreement, this Mission Letter serving as a fee agreement specifies the amount or method of determining the fees covering the foreseeable diligences as well as the various expenses and outlays envisaged.

The client accepts these general conditions by entrusting a Mission to the firm and signing the Fee Agreement or the Mission Letter.

The Fee Agreement and the Mission Letter may be established in electronic form or on paper support. The Client and the Firm Rodolphe ROUS recognize using email communication as a valid proof mode (with or without acknowledgment of receipt).

2. FEES

2.1 Amount or method of determining fees

2.1.1 Unless otherwise agreed, the missions described in article 1 are subject to remuneration for time spent according to the ex-tax hourly rates of the lawyers of the Firm which vary according to their status (partners or associates), their area of intervention and their experience, as well as the nature and degree of complexity of the case. For certain cases, it may be agreed with the client the payment of an additional success fee, the cause, base, and method of calculation of which are previously fixed by an agreement.

2.1.2 An indicative fee proposal may be sent to any potential client making the request. The lawyer guarantees the predictability and transparency of the fees. He informs his client as soon as he is seized and then regularly of the modalities of determination of the fees and of the foreseeable evolution of their amount. If necessary, this information appears in the Mission Letter.

2.1.3 Depending on the nature of the file, a provision on fees may be requested from the client before any diligence.

2.1.4 Unless otherwise agreed, the fees do not include the expenses incurred by the Firm to carry out its mission (travel expenses, catering, etc.) which will be reimbursed by the client, nor the outlays that it will pay directly. The fees of the interveners referred to in articles 1.1.3 and 1.2.2 are recovered by them directly from the client.

2.1.5 The duration and modalities of revision of the hourly rates or other fee scales provided for in the Fee Agreement are specified by this same Agreement.

2.2 Billing and payment methods

2.2.1 The fees relating to the diligences performed by the lawyers of the Firm are invoiced by monthly periods by the partner responsible for the file, unless he decides to postpone the billing given the particularities of the file or specific agreement.

2.2.2 The fee invoice details the diligences accomplished, if necessary the time spent on the realization of essential services, the total time spent, and recalls the hourly rates retained for its establishment.

2.2.3 Fee invoices are payable upon receipt of the invoice. In accordance with article L 441-6 of the commercial code, any payment occurring beyond the due date renders the client liable, without a prior reminder being necessary, to a late payment penalty calculated at the rate of 1% per month of delay, as well as a fixed recovery indemnity of 40 €.

2.2.4 Management of difficulties related to payments

In addition to the legal sanctions applicable as of right in the absence of payment of the invoices at the due date, it is specified that in case of late payment at the due date or in case of non-payment of the fee and expense invoices, the Lawyer reserves the right to suspend the execution of his mission until the perfect payment of the due invoices or to terminate it, which he will inform his client while drawing his attention to the possible consequences.

3. DISPUTE

Any dispute with a client that cannot find an amicable settlement will be submitted to the Bâtonnier of the Order of Lawyers at the Lyon Bar in accordance with articles 174 and following of the decree n° 91- 1197 of November 27, 1991 organizing the profession of lawyer.

4. GENERAL PROVISIONS

These General Conditions of Intervention are sent to the Client prior to or at the time of the establishment of the fee agreement or the first mission letter. They are consultable on the firm's website at the address http://www.rous-avocat.com/Legal-notice.html

The fact that Mr. ROUS does not take advantage at a given moment of any of these CGI cannot be interpreted as a waiver to take advantage of them later.

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