Standard Terms Of Engagement For Legal Services
The following standard terms of engagement apply when we are engaged to represent a client. Unless otherwise agreed in writing, these terms will form an essential part of any engagement agreement we establish with a client. The standard terms of engagement may be revised periodically, and any updated version will be accessible here. If you wish to engage in our services, please review these provisions thoroughly. We are available to answer any questions you may have regarding the standard terms of engagement.
1. We are pleased that you have considered us for your legal needs, and assure you that each member, associate and employee of LEGALWAYS will do his or her utmost to fulfill these needs in a courteous and expeditious manner.
2. Our ability to best represent you should be based upon a mutual understanding of what you want us to accomplish and how you will be charged for our services, which is the purpose of this engagement letter.
3. This statement outlines the standard terms of our engagement as your lawyers. Unless amended in writing by mutual agreement or overridden by applicable domestic law, these terms will be an integral part of our agreement with you. We encourage you to review this statement carefully and reach out to us promptly if you have any questions. We also recommend that you keep this statement for your records.
4. The written acceptance (even by e-mail or in any other way) or the payment of our financial proposal by the client implies at the same time the explicit, unconditional acceptance of the following terms and conditions by the client, which constitute essential terms of our contract for the provision of legal services:
i. All cases proposed to us by our clients for assignment are on a waiting list. Their processing starts on a first-come, first-served basis, with the sole and absolute criterion being the written acceptance of our financial proposal by the clients, the setting of an exact date of payment, as well as the full and final payment of the total amount. Otherwise, and if the fees have not been paid, our associates cannot proceed to work on the case, nor can they override the priority of cases of other clients who have already paid us, taking into account the relevant deadlines and their urgent nature.
ii. Any relevant agreement or contract for the provision of legal or other related services will be registered with the relevant tax authorities for its tax validity. Irrespective of the registration, the contract is legally valid and entails the obligation to pay the relevant VAT and other taxes by the client. Payment is necessary for the commencement of our services. Our electronic and other case-monitoring systems are only activated after financial payment and are automatically closed if payment is interrupted, stopping further processing of the case.
iii. In the event that the above is not completed, we will not undertake any handling of any matter whatsoever. We hereby inform the interested parties in advance that we do not undertake and do not handle their relevant matter, which they will have to manage with the help of third parties other than us. In this case, the parties concerned assume full responsibility for monitoring, meeting deadlines and any other necessary action related to this matter.
iv. Any form of acceptance of the service agreement to our clients automatically and absolutely implies that we are authorized to file and receive documents from anyone as proxies to our clients, without the need to show any additional power of attorney. In addition, we have the right to file any document before or with any person or entity and/or Authority with our signature alone, even without the signature or seal of our clients. We are also granted power of attorney for litigation, which allows us to represent our clients in Court and to act for all actions relating to the conduct of litigation, except those that require special power of attorney or are expressly excluded. If any decision/judgment or proceeding mentions our representation for clients and there is a certification to that effect in the main body of the decision/judgment, this is full proof of our appointment as our clients’ attorneys-in-fact.
v. The facts and characterizations mentioned in the legal documents are taken from the historical background provided to us by our clients, either in writing or orally. Our clients are solely responsible for the consequences of these facts. Acceptance of any of our engagement letters implies an automatic and unconditional acceptance on their part that any factual and legal action taken on their behalf is agreed and approved in advance by them, with our clients assuming the full consequences of such actions. Acceptance of our financial proposal and engagement agreement releases us from any related liability to third parties (which is assumed solely by our clients) and to our clients themselves, both for positive and consequential consequences.
vi. Our services are provided in cooperation with our associates, such as lawyers, trainee lawyers, and other employees and/or consultants, whom we select based solely on our own criteria. If our clients wish to select counsel or case handlers outside of our team, we respect their choice, but we reserve the right to withdraw from the case if we believe there is a risk to their interests or to the quality of the legal service we provide. In this case, our withdrawal will be without any other conditions, and without creating any claim by our clients, but retaining all of our fees paid up to that point.
vii. In LEGALWAYS we make every effort to send all kinds of documents and lawsuits for written approval by our clients (usually by email). If for any reason it is not possible to send them or if our clients do not respond in time with written approval, we reserve the unilateral right to decide whether or not to file the relevant document/lawsuit without prior notice. In this case, our clients shall bear the sole consequences of this decision, including possible loss of deadlines.
viii. We do not usually keep a record of our clients’ original documents, but only in electronic form. Therefore, the copies we can provide our clients with are in electronic form, and in some cases, we may also have hard copies available to our clients upon request. We will accept only those original documents, securities etc., that are required to be produced with Public Services or Authorities for delivery or display. Upon their return from the Public Services or Authorities, their receipt by our clients is their sole responsibility within thirty (30) days. In the event of their loss or destruction, it is already agreed at the time of entering into the legal services agreement that we shall not be liable for any damage to our clients. We do not undertake the storage of any of our clients’ documents or objects. If for any reason we undertake to store them, by signing the legal services agreement our clients are deemed to expressly and unconditionally waive any claim against us for their storage.
ix. By entering into the legal services agreement, our clients agree and accept that we retain the exclusive copyright for any document or study we prepare. In addition, they accept that we have the right to publish any decision issued on their matter, without mentioning names, in any medium, including our website. If our clients maintain a company or business entity, they grant us the right to post on our above website or in any of our other newsletters that are our clients, including their company name and the brand (in whatever way) that they use.
x. Our actions are intended to safeguard and protect the interests of our clients. We undertake to make every effort to handle their matter correctly and diligently, following the usual practice and diligence of professionals in our industry, without promising or guaranteeing any particular result. Our fees are not dependent on the fate of our clients’ claims, whether their claims are fully or partially accepted or some or all of their claims are denied.
xi. The agreement between our clients and us, after acceptance on their part, as stated above, determines our fees for the provision of the services, which is not subject to any condition, deadline, term or consideration. However, depending on the development of the case and the degree of difficulty, the amount of our fees may be adjusted upwards. Our proposed financial offer is the minimum possible to service the case, and in any case where more working time, extraordinary events or more scientific work is required, our clients will be informed in writing of the new circumstances. Furthermore, expenses to third parties (Bailiffs, Notaries, Translators, etc.), as well as other costs necessary for the handling of the case, are borne by our clients and we regularly inform them.
xii. By way of illustration (and not limitation), actions such as limitation or waiver of suit, withdrawal of lawsuits, or settlements, do not affect our agreed fees. Should new legal bases or historical facts arise, our fees will be adjusted and re-agreed with our clients. If the historical basis of the pleadings is common but the legal basis differs, the fees will be determined separately for each pleading. If there is a new trial or a postponement, we will be entitled to additional fees, which will be agreed with our clients each time. We are also entitled to fees for appearing before a Court or Authority for a postponement, which will be determined on a case-by-case basis. If a settlement is reached, our fees remain unchanged even if not all proceedings have been completed, and if the settlement was reached with our assistance, we are entitled to additional fees for our involvement.
xiii. Our paid fees, as well as the claim for it, shall not be cancelled, reduced or refunded, even if our clients withdraw their order for any reason before the completion of the assigned work or if the work is cancelled for any reason. This is because we have already proceeded with the preparation of the case, giving it priority over other possible cases, and we have already organized the handling of the case, analyzing our proposal for the legal approach, which is a fundamental part of our scientific work. In these cases, our clients will only receive back the costs that they have paid for third parties and that have not been spent up to the time of the withdrawal. It is expressly prohibited to agree to reduce our fees without written proof. However, an agreement to increase our fees may be agreed upon verbally and evidenced in writing, by oath or affidavit, and may be implied by long-standing cooperation or lack of objection on the part of our clients.
xiv. It is underlined that our clients are obliged to pay our fees and are bound by the terms of the legal services agreement, even if they are not the Principal of the case. They are jointly and severally liable and obliged to us for the payment of our fees, as the instruction to conduct or defend the case was given by them but was also executed with the authority of the Principal of the case, who expressly and unconditionally accepts the terms of our engagement.
xv. If our clients have entrusted the handling of the case to another lawyer, either in parallel, before or after having entrusted it to us, or through another lawyer, their obligations to us remain in full force and effect and continue to apply regardless of their actions, even if they did so with or without our knowledge.
xvi. Our clients have the right to revoke their mandate by unilaterally declaring their respective will to us. The termination of the mandate occurs upon receipt of the declaration of will, which can also be done implicitly, if their will is expressed to us. In any case, we are entitled to our fees as agreed, and our clients are also obliged to pay any costs we may have paid for the execution of the mandate until its revocation.
xvii. Notwithstanding any other term contained herein, and to the maximum extent permitted by applicable law, except in cases of willful misconduct or gross negligence, the total liability of LEGALWAYS, arising out of or relating to the provision of services to its clients shall not exceed the total amount paid or payable by the clients for the services provided, which includes the service giving rise to the liability, on the date of the events or circumstances giving rise to it. In no event shall LEGALWAYS be liable for loss of profits or consequential and indirect damages.
The scope of our work
5. You should have a clear understanding of the legal services we will provide. Please let us know if you have any questions so we can address them promptly.
6. LEGALWAYS will carry out the requested services, keep you informed of progress and developments, and respond to your inquiries in a timely manner.
7. You agree to be truthful and cooperative, updating us on any relevant developments, being available for requested appearances, depositions, settlement negotiations, court appearances, and meetings, and keeping us informed of any changes to your contact information.
8. Any opinions we provide regarding the outcome of your legal matters represent our best professional judgment; however, they are not guarantees. Such opinions are limited by our knowledge of the facts and are based on the current state of the law.
9. Our policy specifies that our client is the individual or entity named in our engagement letter and does not include any affiliates or associates of that entity. For example, if you are a corporation or partnership, this does not extend to any related entities or individuals (e.g. parents, subsidiaries, employees, officers, directors, shareholders, or partners), or if you are a trade association, it does not include any association members. As such, we may represent other clients with interests that may be adverse to such affiliates or constituents without notifying you or seeking your consent.
10. It is also our policy that the attorney-client relationship is considered terminated upon the completion of the services for which you have retained us. Should you later engage us for additional services, the attorney-client relationship will resume, subject to these terms of engagement, as they may be updated at that time.
Consent to electronic communications
11. To enhance our efficiency and responsiveness, we plan to use advanced communication tools (such as email, computer-based document transfers, wireless phones, fax, and other future technologies). While current technology may carry some risk to the confidentiality and privilege of your information, we believe that the benefits of using these tools outweigh the potential risk of accidental disclosure. By agreeing to these terms, you consent to our use of these electronic communication methods.
Consent for future adverse representation in unrelated matters
12. As you know, LEGALWAYS represents various other companies and individuals. It is possible that one or more of our current or future clients may be involved in disputes or transactions with you during our representation. You agree that we may represent other clients in matters that are not substantially related to our work for you, including litigation, even if those clients’ interests directly conflict with yours. However, we agree that your advance consent to such representation will not apply in cases where, due to our work with you, we have obtained confidential information that, if disclosed to the other client, could be used in a way that would materially disadvantage you, and we have not taken -or are unable to take-adequate steps to screen that information from the attorneys representing the other client in the matter against you.
Who will provide the legal services
13. Customarily, each client of LEGALWAYS is served by a principal attorney contact. The principal attorney should be someone in whom you have confidence and with whom you enjoy working. You are free to request a change of principal attorney at any time. Subject to the supervisory role of the principal attorney, your work or parts of it may be performed by other lawyers and legal assistants in LEGALWAYS. Such a delegation may be for the purpose of involving lawyers or legal assistants with special expertise in a given area, or lawyers who are licensed in a place in which a particular issue arises, or for the purpose of providing services on an efficient and timely basis. Whenever practicable, we will advise you of the names of those attorneys and legal assistants who work on your matters.
Determining how fees will be established
14. In determining the amount to be charged for the legal services we provide to you, we will consider:
– The time and effort required, the novelty and complexity of the issues presented, and the skill required to perform the legal services promptly.
– The fees customarily charged in the community for similar services and the value of the services to you.
– The amount of money or value of property involved, and the results obtained.
– The time constraints set by you as our client, along with other factors such as an urgent deadline, the need for court-ordered injunctive relief, or significant disruption to other office operations.
– The nature and longevity of our professional relationship with you.
– The experience, reputation and expertise of the lawyers performing the services.
– The extent to which office procedures and systems have efficiently delivered a high-quality product.
15. Among the factors we consider, the time and effort required are generally given the most weight. We will maintain detailed records of the time spent on your work, including in-person and telephone conferences, negotiations, research, document preparation and revisions, travel on your behalf, and other related tasks. Time is recorded in increments of fifteen minutes.
16. The hourly rates of our attorneys and legal assistants significantly influence the fees we charge. These rates are periodically adjusted to reflect current legal experience, changes in overhead costs, and market factors. Hourly rates may vary depending on the client, the nature of the matter, or other circumstances.
17. We may be asked to estimate the fees and costs likely to arise in a particular matter. When possible, we will provide an estimate based on our professional judgment, but please understand that this is not a maximum or fixed fee. The final cost is often higher or lower than the estimate.
18. For specific, well-defined services -such as a straightforward business incorporation- we may, upon request, provide a flat fee. It is our policy to accept flat-fee arrangements only for these specific services or under special agreements tailored to a client’s needs.
19. In these cases, the flat fee arrangement will be confirmed in a letter detailing both the fee amount and the scope of services. For clients with personal injury or wrongful death claims, or in certain other matters, we may offer services on a contingency fee basis, depending on the circumstances. Any such contingency fee arrangement will be documented in a written agreement.
Additional charges
20. Generally, we will bill clients not only for legal services and out-of-pocket expenses, but also for additional support services. These may include fees for in-house messenger deliveries, computerized research, and usage of our fax and photocopiers. While charges for these services are based on usage, they do not always reflect our actual out-of-pocket costs, as the true cost of some services is challenging to determine. We strive to keep these charges lower than comparable rates in our market, but in some cases, the amounts may exceed our actual costs. We are happy to discuss the specific schedule of charges for these services with you and answer any questions. If you prefer, we can, in certain situations, arrange for these services to be provided by third parties with direct billing to you.
21. We will cover routine expenses for individual items costing less than fifty euros; however, expenses above this amount will be referred to you directly for payment.
Retainer and deposits
22. New clients are often asked to provide a retainer deposit. By providing this deposit, you grant us a security interest in it. Generally, the retainer amount is set to cover fees and costs anticipated over a two-month period. Unless otherwise agreed, this deposit will be applied to any outstanding invoices at the conclusion of our services. When our representation ends, or if the deposit is no longer needed or may be appropriately reduced, any remaining balance, or a portion of it, will be returned to you. If the retainer amount becomes insufficient to cover at least two months of expenses and fees, it may need to be increased.
23. Deposits made to cover specific items will be used as outlined in our agreement with you, and you will receive periodic notifications of amounts applied or withdrawn. Any remaining balance after these disbursements will be returned to you.
Termination
24. You may terminate our representation at any time, with or without cause, by notifying us. If such termination occurs, documents, and property which you have provided to us will be returned to you, on your request, promptly upon receipt of payment for outstanding fees and costs. If you want an additional copy of any portions of our files or documents, we can furnish them, subject to appropriate copying charges. Your termination of our services will not affect your responsibility for payment of legal services rendered and additional charges incurred before termination and in connection with an orderly transition of the matter. Unless otherwise agreed by us in writing, we assume no duty to retain any originals or copies of any documents after the termination or conclusion of our representation in a particular matter.
25. We are bound by the rules and professional codes of conduct in the jurisdictions where we practice, which outline certain situations where we may be required or permitted to withdraw from representing a client. These situations can include, for example, non-payment of fees or costs, misrepresentation or withholding of important information, lack of cooperation, actions taken against our advice, or a conflict of interest with another client. We make every effort to identify and discuss any potential issues with our client in advance. If withdrawal becomes necessary, we typically provide written notice to the client.
Billing terms and payment conditions
26. We will send you regular invoices, typically each month, covering both fees and expenses. You agree to make payment within ten days of receiving our statement. Unpaid fees and expenses will accrue interest at the maximum rate allowed by local law (non-compounded). If fees and expenses are routinely covered by a retainer deposit, no interest will be charged.
27. If your account becomes overdue, we will promptly notify you, and you agree to bring the account or retainer deposit up to date. If the delinquency persists and satisfactory payment arrangements are not made, you agree that we may withdraw from representing you and pursue collection of the outstanding balance. You agree to cover the costs associated with collection, including court costs, filing fees, and reasonable legal fees.
Related proceedings
28. If any claim is brought against LEGALWAYS or any of its personnel based on your negligence or misconduct; if we are asked to testify as a result of our representation of you; or if we must defend the confidentiality of our communications in any proceeding, you agree to reimburse us for any resulting costs, including for our time, calculated at the hourly rate for the particular individuals involved, even if our representation of you has terminated.
Your right to arbitrate
29. If you have any concerns regarding the size of our fees or are dissatisfied with our services, please discuss the matter with your primary lawyer contact or LEGALWAYS managing partner. Such issues are usually resolved to everyone’s satisfaction with minimal inconvenience or formality. If a fee dispute arises that cannot be quickly resolved, you have the right to request arbitration under the oversight of the Athens Bar Association for the Greek jurisdiction in which we practice, and we agree to fully participate in that process.
Thank you for choosing LEGALWAYS to represent you in this matter.