These general terms and conditions (hereinafter referred to as the " General Terms and Conditions ") apply to the services provided by Mirabile Avocat (hereinafter referred to as the " Avocat ") on behalf of its client (hereinafter referred to as the " CLIENT ") and prevail over any general terms and conditions of purchase of the CLIENT. In the event of contradiction between these General Conditions and any special conditions and agreements agreed between the CLIENT and the Lawyer, the special conditions or agreements shall prevail. For the purposes hereof, the Lawyer and the CLIENT are collectively referred to as the " Parties " and individually as the " Party ".
The following terms in this document have the following meanings:
The Mission and its scope are defined in the Agreement. Each Service must be the subject of an Agreement between the Parties. Therefore, if the LAWYER performs Services with the CLIENT's consent, the CLIENT is deemed to have accepted an Agreement and the present General Conditions.
The Mission's services are provided on the basis of the regulations (including case law) in force at the time they are given. Any subsequent change in the law (including case law) may therefore subsequently affect their conclusions. Unless the Parties have expressly agreed otherwise, the LAWYER is not obliged to update his advice in the light of subsequent changes in the law.
To carry out the Mission, the LAWYER decides what resources to devote.
If, for the purposes of the Engagement, the CLIENT has instructed, or has asked to instruct, any service provider other than the LAWYER for any services (other than the Services related to the Engagement), the CLIENT will be solely responsible for the payment of any sums due to such service provider (such as fees, expenses, disbursements, VAT and interest for late payment), it being specified that the LAWYER hereby expressly excludes any undertaking to del credere to the benefit of service providers or subcontractors commissioned for the CLIENT's needs. The LAWYER shall not be liable for the acts, errors or omissions of any third-party service provider.
In the absence of an agreement to the contrary, the LAWYER's fees are invoiced on the basis of the time required at the rates in force on the date of the Engagement.
If a consultation lasts more than one hour and no service is concluded following these exchanges, the LAWYER is entitled to demand payment for this consultation at his hourly rate.
Unless otherwise stipulated in the Agreement, the fees charged by the LAWYER as indicated in any Agreement are expressed in euros and exclusive of tax.
The LAWYER draws up memorandums of services and statements of the CLIENT's account, preferably on a monthly basis or on any other contractually defined basis. These may be communicated to the CLIENT at any time on request.
VAT is applied to the pre-tax fees due for the Engagement and is invoiced in addition to the CLIENT whenever the LAWYER is legally obliged to do so.
In the course of their work, the CLIENT's statutory auditors may send the LAWYER written requests for information about the matters we are assisting them with. The time spent by the LAWYER in responding to such requests for information (either directly to the CLIENT, or to the statutory auditors, depending on the situation) will be invoiced on a time-spent basis, when the cases concerned by these requests require developments going beyond the simple provision of unpaid invoices and current fees.
Any estimate or budget of fees communicated to the CLIENT for the purposes of the Mission is only an estimate, based on our knowledge of the conditions and scope of the Mission and our assessment of the amount of work required to complete the Mission at the date on which the estimate is proposed. Unless otherwise agreed in the special conditions, such an estimate or budget should never be considered as definitive, nor as constituting a ceiling on our fees.
Lawyer's invoices are payable on receipt. Any delay in payment may give rise ipso jure and without prior formal notice to the payment of interest equal to three times the legal interest rate in force, increased for professional customers by a fixed indemnity for collection costs of at least 40 euros.
Invoices are payable in the currency in which they are denominated.
In the event of late payment, the LAWYER reserves the right to suspend, without further formality, the performance of Services relating to the Assignment for which the unpaid invoice has been issued and, more generally, any service in progress.
Invoices are payable net of any withholding or deduction of duties or taxes. Whenever the CLIENT is legally required to withhold or deduct the corresponding tax, the amount of each invoice will then be deemed "increased in due proportion", so that after any withholding or deduction, the LAWYER receives a net sum equal to the amount of the invoice.
In the event that the LAWYER accepts that all or part of the fees, costs, disbursements and other charges (including VAT), which would normally be payable by the CLIENT, be borne and paid by another person, the CLIENT remains liable to the LAWYER for the payment of such fees, costs and disbursements (including VAT), and the LAWYER is entitled to demand immediate payment from the CLIENT if such other person fails to pay within the contractually defined period.
Lorsque l’AVOCAT est amené à détenir une somme d’argent pour le compte du CLIENT, quelle qu’en soit la raison, cette somme sera selon la réglementation applicable, soit (i) déposée sur un compte ouvert auprès de tout organisme tiers réglementairement autorisé à recevoir de tels fonds (ex. CARPA for lawyer's services), in which case the LAWYER assumes no liability for any loss resulting from such deposit, for whatever reason, including in the event of default by the depositary, or (ii) in an account opened at the Notary's Office for Notary Services.
In the event that time (devoted to the Mission by our professionals), expenses and disbursements are recorded in our information systems subsequent to the period in which they were spent or incurred, they will then be accounted for in the invoice relating to the following period or will be the subject of a separate invoice. Whenever costs or disbursements are of such an amount that it seems appropriate to the LAWYER that they be reimbursed prior to the issuance of the invoice or fee agreement, the LAWYER is authorized to issue a separate invoice for such costs and disbursements incurred on behalf of the CLIENT.
In the absence of agreement between the Parties, any dispute relating to the amount and recovery of invoiced fees, costs and/or disbursements may only be settled by proceedings brought before the authorized representative of the relevant professional body. It is expressly agreed between the Parties that, in the event of a dispute, the sums subject to dispute corresponding to the fees, costs and disbursements due to the LAWYER, calculated in accordance with the Agreement, must be paid to the said representative of the professional order or to any person designated by him, concomitantly with the lodging of the dispute, and will be retained by the latter pending a final decision concerning the said dispute.
The LAWYER is authorized to rely on the information provided by the CUSTOMER or by the persons indicated by the CUSTOMER, without having to carry out any verification whatsoever, and to consider this information to be accurate. The CLIENT warrants to the LAWYER that the information made available to him has been regularly obtained and regularly communicated.
The LAWYER is authorized to communicate with the CUSTOMER by any means of electronic communication, it being understood that the CUSTOMER accepts the entire risk (including, but not limited to, the risk of security, interception or unauthorized access relating to such communications, as well as the risk of viruses).
The LAWYER uses filtering software to reduce the receipt of unwanted electronic communications and the introduction of viruses into its systems. Where there is thus a risk of filtering of professional correspondence, the CLIENT is responsible for verifying receipt by the LAWYER of all electronic communications, and for systematically confirming important communications by telephone, mail or any other means of communication.
L'AVOCAT collects and processes the personal data of its contacts (clients, prospects, partners, candidates, etc.) in order to carry out the assignments they entrust to it, to monitor our relationship with them, to distribute professional information to them directly or via its partners, and to invite them to events organized by or with the agreement of L'AVOCAT. This processing is carried out under the conditions set out in our Privacy Policy, which is available on the L'AVOCAT website, and in compliance with the regulations governing the regulated professions. All new contacts are invited to consult this policy when entering their data in our marketing database.
Any person whose personal data is collected and processed by the LAWYER :
The LAWYER strives to offer the CLIENT a quality service in all circumstances. Nevertheless, in the event of dissatisfaction or any question concerning his services, the LAWYER will endeavor to resolve them amicably between the Parties. If, for any reason whatsoever, the Parties are unable to resolve the matter amicably, the CLIENT is entitled to institute any proceedings in accordance with the applicable regulations. Any action taken by the CLIENT without respecting this prior conciliation procedure will be inadmissible.
With the exception of information already in the public domain, the LAWYER will treat as confidential all information made available to the LAWYER concerning the CLIENT, and undertakes to disclose it only with the CLIENT's consent (subject to the rules of practice specific to each regulated profession), or to the relevant authorities when required by the applicable regulations. Unless specifically prohibited by each regulated profession, the LAWYER is authorized to outsource word processing, photocopying, translation or other services. Similarly, and subject to the rules of practice specific to each regulated profession, the CLIENT is deemed to have authorized the LAWYER to disclose any relevant aspect of the matters entrusted to us to his other professional advisors and service providers.
This Agreement, as well as all the Services provided by the LAWYER to the CLIENT in connection with an Engagement, are strictly confidential and may not be disclosed to anyone without the prior consent of the Parties, subject to the rules of practice specific to each regulated profession, unless either Party is required to make such disclosure pursuant to a mandatory regulation applicable to it.
It may happen that the LAWYER is mandated by other clients, past or future, whose interests are opposed to those of the CLIENT. The LAWYER remains free, notwithstanding his intervention alongside the CLIENT within the framework of the Mission, to advise any current or future CLIENT or any person whose interests may be contrary to those of the CLIENT (including within the framework of a mandate for legal representation, arbitration or mediation), in compliance with the laws and regulations applicable to each regulated profession.
The CLIENT is free to use and copy (for his use only) all documents created by the LAWYER within the framework of the Mission, it being understood that all intellectual property rights on documents and deeds, as well as all original ideas created by the LAWYER within the framework of the Mission remain his property and must be kept confidential by the CLIENT. The LAWYER may use any documents, whether created by him or by third parties, for research purposes or to advise his clients, provided he does not breach our duty of confidentiality to the CLIENT. This documentation may be stored on paper or electronically.
With the exception of authentic deeds kept in accordance with applicable legal and professional rules, the LAWYER keeps all his files for a minimum period of ten (10) years from the date of completion of the work (or the date of the judgment) in legal matters, or thirty (30) years from the date of completion of the work in all other cases. Once this period has elapsed, the LAWYER may destroy his files, unless he is required to do so by law.
In order to comply with applicable regulations concerning the source of funds and the verification of the identity of his clients, the LAWYER may be required to ask the CLIENT questions concerning the source of the funds used and the identity of the beneficial owners. The CLIENT agrees to answer such requests, and undertakes not to omit the existence of any element or fact necessary or useful in order to comply with the rules applicable to his profession.
Within this framework, the LAWYER asks the CLIENT, if these elements are not already in our possession, to provide us with :
Lawyers are required to file a suspicious transaction report whenever they become aware of, or suspect, certain criminal activities in the course of the work they carry out for their clients. In such circumstances, they are required to file a suspicious transaction report directly with the competent authorities and/or the representative of their professional order, who will determine whether the transaction should be notified to the competent authorities. The LAWYER is not liable to the CLIENT for any loss or damage that the CLIENT may suffer or incur as a result of our report.
L'AVOCAT only provides legal and tax advice for the benefit of the CLIENT and cannot be held responsible for aspects other than legal and tax advice relating to an Assignment. In particular, we give no advice as to the advisability of any investment transaction, and nothing we say or do should be construed by the CLIENT as an invitation or inducement to carry out such an investment transaction.
Any person whose financial instruments are admitted to trading on a regulated market, or are the subject of an application for admission to trading on such a market, is required to draw up a list of persons with access to inside information concerning the issuer, directly or indirectly, and of third parties who have access to said information in the course of their business activities with the issuer (an insider list). The LAWYER is also required to draw up and maintain a list of insiders if he/she has access to privileged information within the meaning of stock market regulations concerning an issuer, and to communicate it to the supervisory authorities if they so request.
Unless otherwise stipulated in the special conditions agreed with the CLIENT, either party may terminate the Agreement at any time by written notice to the other party.
In this case, the CLIENT is liable for payment of the fees, costs and disbursements due to the LAWYER for the Services provided up to the date of termination.
In the event that the CLIENT wishes to relinquish the services of the LAWYER and transfer the case to another lawyer, the CLIENT undertakes to pay without delay the fees, expenses, disbursements and costs due for the work carried out prior to the relinquishment.
The terms and conditions of the Agreement constitute the entire contract between the LAWYER and the CLIENT in respect of the Engagement.
These Terms and Conditions and any Agreement shall be governed by and construed in accordance with French law.
Any dispute relating to the Agreement shall be brought before the authorized representative of the relevant professional body under the conditions stipulated above, or, where applicable, before the competent courts of Paris, which shall have exclusive jurisdiction in respect of any such dispute.
