Diekmann Rechtsanwälte

Feldbrunnenstraße 57,   20148 Hamburg   |   +49 (0)40 33 44 36 90

General terms and conditions for mandates

§ 1
Scope


(1)    These terms and conditions for mandates shall apply to all ser-vices of the law firm DIEKMANN Rechtsanwälte in particular to the agency business, the conducting of legal proceedings as well as to consultation or provision of information.

(2)    The scope shall also cover all future legal relations with the client insofar as the client is an entrepreneur.

(3)    Deviations from the terms and conditions for mandates require our written confirmation in order to be deemed valid. This shall also apply to a waiver of the written form.

(4)    Deviating, contradictory or supplementary terms and conditions of use shall not become an integral part of the contract, even if we are aware of these, unless we expressly approve their validity in writing.


§ 2
Object of contract


(1)    The mandate shall only materialise through the acceptance of the order by DIEKMANN Rechtsanwälte. Until the order is accepted, DIEKMANN Rechtsanwälte is at liberty to decide whether to ac-cept the order.

(2)    The scope of the mandate relationship is limited by the concrete order of the client. The agreed activity is principally not oriented to achieving a certain legal or financial success, unless otherwise agreed in writing with the order. The order is principally placed with all lawyers of DIEKMANN Rechtsanwälte insofar as the representation by an individual or certain lawyer is not stipulated by law or is agreed in a separate written agreement. In all cases, DIEKMANN Rechtsanwälte is exclusively entitled to the fee. The allocation of the respective processing of the case is carried out by DIEKMANN Rechtsanwälte in line with the internal organisation of the law firm.

(3)    DIEKMANN Rechtsanwälte shall carry out all orders in compli-ance with the Federal Lawyers` Act and Lawyers` Professional Code of Conduct (BORA) as well as the other statutory regula-tions.

(4)    DIEKMANN Rechtsanwälte undertakes to give a correct account of the actual, financial and legal situation of the client to the ex-tent as required. They are entitled to use the facts provided by the client, in particular with regard to figures, as a correct basis.

(5)    DIEKMANN Rechtsanwälte is only obliged to file appeals and legal remedies if it receives an appropriate order and has accepted this order.

(6)    If DIEKMANN Rechtsanwälte proposes a certain procedure to the client (in particular to file or refrain from filing legal remedies, to conclude or revoke settlements) and if the client does not make a statement in this respect within two weeks although DIEKMANN Rechtsanwälte expressly informed him of the significance of not making a statement at the beginning of these two weeks, then the silence of the client will be deemed as approval of the proposal made by DIEKMANN Rechtsanwälte.


§ 3
Changes in services


(1)    DIEKMANN Rechtsanwälte is obliged to take requests for changes from the client into account with regard to the execution of the order insofar as this is deemed reasonable for DIEKMANN Rechtsanwälte within the framework of its operational capacities, its specialist orientation, in particular with regard to the work, the time planning and the consideration of the client’s interests. Within the framework of the concrete execution of the order, DIEKMANN Rechtsanwälte shall coordinate with the clients with regard to the intended objectives whereby it is entitled to deviate from clients` instructions if it can assume, circumstances permit-ting, that the client would approve the deviation if aware of the facts.

(2)    Insofar as the examination of the possible changes or the realisa-tion of the desired changes have implications on the contractual terms and conditions, in particular on the work of DIEKMANN Rechtsanwälte or the time schedule, the parties shall agree upon a reasonable adjustment to the contractual terms and conditions, in particular with regard to remuneration and scheduling. Insofar as not otherwise agreed and it does not represent any direct disad-vantages for the client, DIEKMANN Rechtsanwälte shall, in this case, continue its activity within the original scope until the con-tract is adjusted by safeguarding the interests of the client.


§ 4
Professional discretion and data protection


(1)    DIEKMANN Rechtsanwälte is obliged to maintain secrecy concerning all information or business and trade secrets of the cli-ent, of which they become aware in connection with the order for an unlimited period of time. The information and secrets may only be forwarded to third parties, who are not involved with executing the order, after obtaining the client’s consent.

(2)    DIEKMANN Rechtsanwälte may assume, in particular with regard to correspondence, that notified communication data are and remain correct. Changes in address (in particular also changes in telephone, fax numbers or e-mail address) are to be notified as otherwise it may lead to the misdirection of correspondence and delays which can also lead to full loss of rights.

(3)    DIEKMANN Rechtsanwälte is also authorised, in the case of notification of an e-mail address without security measures (en-coding), to send the client information to this e-mail address unless a risk to the client’s interests can be directly seen from the circumstances or the client objects or revokes his consent to this procedure or otherwise announces a change in the communication data.

(4)    DIEKMANN Rechtsanwälte points out that the fast and uncom-plicated communication via fax and electronic media (e-mail) in-volve a loss of confidentiality and safety.

(5)    DIEKMANN Rechtsanwälte is authorised to collect, save and process the personal data of the client entrusted to their care within the framework of the purpose of the order and by comply-ing with the data protection regulations.

(6)    The client expressly agrees that DIEKMANN Rechtsanwälte may forward information concerning the mandate to the client`s legal protection insurance if DIEKMANN Rechtsanwälte has received the order to correspond with the legal protection insurance. DIEKMANN Rechtsanwälte expressly points out that the client’s obligation to pay the legal fees does not cease to apply through the assumption of the responsibility to correspond with the legal protection insurance.


§ 5
Liability and limitation of liability


(1)    DIEKMANN Rechtsanwälte shall be liable towards the client, no matter for what legal grounds, for the damages caused by them or their employees due to wilful intent or gross negligence.

(2)    The liability of DIEKMANN Rechtsanwälte from the contractual relationship existing between itself and the client for reimburse-ment of damages caused by simple negligence is hereby limited to EURO 2.250.000,00 (§ 51a of the Federal Lawyers` Act [BRAO]). According to § 51a BRAO, the limitation of liability shall not apply in case of gross negligence or the wilful cause of damages, further not to the liability for culpably caused damages for tortious injury to life, limb or health.

(3)    DIEKMANN Rechtsanwälte has taken out liability insurance which exceeds the statutory minimum insurance and covers EURO 2.250.000,00 per insured event. Should liability beyond this amount be secured from the point of view of the client, then there is the possibility of a supplementary insurance for each indi-vidual case, which can be taken out at the request and cost of the client.

§ 6
Obligation to cooperate


(1)    The client shall inform DIEKMANN Rechtsanwälte in full and comprehensively about the facts of which he is aware, the knowl-edge of which is essential for the processing by DIEKMANN Rechtsanwälte. DIEKMANN Rechtsanwälte can principally trust the details of the client without checking these itself and can use these facts as a basis for processing the order. For the duration of the mandate, the client undertakes to inform DIEKMANN Recht-sanwälte immediately about acts which the client has personally carried out towards courts, authorities, third parties or the oppos-ing party.

(2)    The client undertakes to make every effort to support DIEK-MANN Rechtsanwälte in carrying out the order and to create all pre-requisites within his power which are necessary in for the proper execution of the order; in particular, the client must make all information which is necessary and important for carrying out the order available in time, if applicable and at the request of DIEKMANN Rechtsanwälte in writing. DIEKMANN Rechtsan-wälte is to be informed about periods of absence concerning the client during which the latter cannot be contacted.

(3)    The client undertakes to examine all written documents of DIEKMANN Rechtsanwälte to the extent whether the facts stated therein are rendered correctly and in full.


§ 7
Fees, expenses, terms of payment, offsetting


(1)    The remuneration of DIEKMANN RECHTSANWÄLTE complies with the Lawyers` Remuneration Act (RVG) in its respective ap-plicable version insofar as not otherwise agreed in an individual case.

(2)    If the fees are charged according to RVG, billing is done accord-ing to the value of the mandate involved. The client has been ex-pressly informed about settlement according to the value of the matter involved by DIEKMANN Rechtsanwälte, § 49b (5) BRAO.

(3)    Insofar as not otherwise agreed DIEKMANN Rechtsanwälte is entitled to reimbursement of the expenses and the applicable rate of value added tax in addition to the claim for fees. DIEKMANN Rechtsanwälte is entitled to request reasonable advance payments (§ 9 RVG). This shall also apply in case of claims for reimburse-ment of costs against third parties.

(4)    All fee claims shall be due when the invoice is issued and are payable without deductions. Payment instructions, cheques and bills of exchange are only accepted taking all expenses and costs into account and the payment claim shall only be deemed as ful-filled when the amount is cashed and is available for DIEK-MANN Rechtsanwälte without restriction.

(5)    It is only possible to offset payments against claims of DIEK-MANN Rechtsanwälte in case of undisputed claims or claims which have been declared final.


§ 8
Joint and several liability


Several clients (natural persons and/or legal entities) shall assume joint and several liability for payment of the statutory or agreed remuneration of DIEKMANN Rechtsanwälte, if DIEKMANN Rechtsanwälte works on their behalf in the same matter.


§ 9
Termination


(1)    Insofar as not otherwise agreed, the contractual relationship can be terminated by the client at all times.

(2)    DIEKMANN Rechtsanwälte shall also be entitled to a right of termination whereby a mandate may not be terminated at an un-reasonable time unless the trust which is necessary for processing the assigned mandate has permanently broken down.

(3)    Services which have not yet been settled shall be settled immedi-ately after receipt of the declaration of notice and shall be due and payable immediately after receipt of the invoice insofar as not otherwise noted therein.

(4)    The right to extraordinary termination for an important reason remains unaffected.


§ 10
Storage of documents, consignment risk


(1)    According to § 50 BRAO, the obligation of the lawyer to store all documents, which were handed over to DIEKMANN Rechtsanwälte by the client or a third party owing to execution of the order, shall end 5 years after termination of the mandate. DIEKMANN Rechtsanwälte is not obliged to store the documents for a longer period of time. If documents are sent, they may be sent to the last known address. The consignment risk shall be borne by the client unless he objects to the dispatch and undertakes in a binding manner to collect the documents im-mediately.

(2)    The documents which are to be handed over before expiry of the deadline shall not cover the correspondence between the client and DIEKMANN Rechtsanwälte, nor written documents which the client has already received as originals or copies.


§ 11
Assignment of claims of the client by way of security, offsetting against outstanding claims



(1)    The client hereby assigns all claims for reimbursement against the opposing party, the public treasury or other third parties who are liable to reimbursement to which he is entitled from the mandate relationship to DIEKMANN Rechtsanwälte as a precautionary measure in the amount of the fee claim and expenses with the au-thorisation to inform the payer of the assignment on behalf of the client. DIEKMANN Rechtsanwälte shall not collect the claim for reimbursement as long as the client satisfies his payment obliga-tions, in particular does not refuse the payment, is not in default of payment or no application has been filed for insolvency proceedings to be opened over his assets.

(2)    DIEKMANN Rechtsanwälte is authorised to offset incoming reimbursed amounts and other payments to which the client is en-titled, which are credited to its account, against outstanding fees or services which are still to be settled, insofar as permitted by law.


§ 12
Final clauses


(1)    The law of the Federal Republic of Germany shall apply.

(2)     If the client is a merchant, legal entity under public law or invest-ment fund under public law, the exclusive place of jurisdiction for all disputes ensuing from this contract is the registered seat of DIEKMANN Rechtsanwälte. The same shall apply if the client has no general place of jurisdiction in Germany or his place of residence or customary place of residence are not known at the time when action is filed.

(3)     All agreements must be made in writing in order to be deemed valid. Amendments to the agreements must be made in writing in order to be deemed legally valid. This shall also apply to the waiver of the written form. There are no verbal collateral agree-ments.

(4)     Should individual provisions of the contract with the client including these terms and conditions for the mandate be or become invalid either in whole or in part, this shall have no effect on the validity of the other provisions.