Clause de Non-Responsabilité
FELTEN & ASSOCIES, hereinafter called « the Association », is an association of lawyers regulated by the Laws of Luxembourg. Its partners and associates are admitted to the Luxembourg Bar.
The cases are exclusively entrusted to the Association which is the sole appointed entity in charge of those cases and which will ensure the follow-up. The Association commits itself to supplying the best service and carrying this out with diligence. The Association gives advice and suggests both useful and necessary action to be taken in order to preserve the Clients’ interests. The Association commits itself to informing its Clients on a regular basis about the progress made in their specific cases.
The Association can freely appoint the partner and/or the associate in charge of the case and may call on outside lawyers on its own liability. The name of the partner and/or associate in charge of the case will be communicated to the Client.
If there is no specific agreement between the Association and the Client, the fees will be calculated according to the usual criteria as the time spent on the case, the amount at stake, the complexity of the case and the outcome thereof.
The Associations invoices are immediately due for payment. Except if otherwise agreed, instalments might be required. The Association might, with the client’s prior consent, opt for periodic invoicing instead of retainer fees.
The Association freely appoints the bailiffs on behalf of the client. After consulting the client, the Association appoints any other third parties whose assistance might prove necessary. In no circumstance can such a choice give rise to liability on the part of the Association. The client is the sole co-contracting party and debtor of those third parties, with the exclusion of the Association.
Unless otherwise agreed, the Association handles the filing which consists in keeping the whole file (correspondence, court records, documents) for a five-year period from the date of its closing. It is also possible for the client to consult or have a copy of all or part of the file during the five-year period. Once the period has ended, the file might be entirely destroyed, unless otherwise requested by the client.
In no circumstance can the liability of the Association exceed the amount of EUR 1,250,000.- corresponding to the maximum amount of the professional civil liability insurance.If and insofar as no compensation can be paid in accordance with the afore-mentioned insurrance, the liability of FELTEN & ASSOCIES is restricted to the maximum amount of EUR 25,000.
The contractual relationship between the Association and the client is governed by the laws of Luxembourg with regard to their validity, interpretation, enforcement and termination. The Luxembourg courts shall have sole jurisdiction over any dispute arising from or in connection with this contract except for the possible Bar Association Jurisdictions in regard to disciplinary, ethical matters or fee dispute.
The information transmitted from the Client to the Association is subject to the lawyer’s professional secrecy. However, the Client is informed that according to the Law dated November 12th, 2004 preventing money laundering and the financing of terrorism, the Association has to disclose any suspected transaction connected to money laundering and the financing of terrorism. The disclosure need not be done when the Association is in charge of a litigation case.