RICHARD KORVER LAWYERS is a partnership of (legal) persons consisting of: The private company with limited liability jeadvocaat.nl B.V., from which mrs. Richard Korver, Mireille Lousberg and Charlotte Bijl are employed, the private limited liability company Van Rossen advocatuur B.V. and an independent practice, namely that of mr. Joan Du Bois. In the following, each participant in the partnership will be referred to as “Richard Korver Lawyers” or contractor and the client will be referred to as “client”.
1. Richard Korver advocaten │lawyers is a consortium of private companies and private persons. The participants in this consortium are: jeadvocaat.nl B.V., (with director Mr Richard Korver LL.M. and employees Messrs/Mmes M.M.P.M. Lousberg and L. Harteveld LL.M.), Messrs/Mmes A.P. Hendriks and J. du Bois, each of whom practises on own account and at own risk. Each participant in the consortium will be referred to below as “Richard Korver advocaten │lawyers” and the principal will be referred to as the “client”.
2. These general conditions are jointly negotiated in favour of every third party retained, whether or not under contract of employment, for the execution of any order or who is or may be liable in this connection. Both Richard Korver advocaten │lawyers and their directors and also individual persons employed at Richard Korver advocaten │ lawyers may therefore have recourse to these general conditions and also all persons retained to execute ant remit from the client.
3. Articles 7:404 and 7:407 (2) of the Dutch Civil Code are declared inapplicable
4. These general conditions also apply to supplementary orders and follow-up orders from clients. They are drafted in Dutch and English. In the event of a dispute regarding the content or meaning of these conditions, the Dutch text and significance thereof within the Dutch legal area will be legally binding.
5. The most recent version of these general conditions can be downloaded and/or inspected on the website www.richardkorver.nl and may moreover be sent free of charge immediately on request.
6. Richard Korver advocaten │ lawyers are obliged to observe the care that may reasonably be expected of them in the given circumstances in respect of services provided by them or on their behalf. Richard Korver advocaten │lawyers do not guarantee that the desired result will be achieved.
7. The client is required to provide Richard Korver advocaten│lawyers with all facts and circumstances that may be of importance to the correct execution of the order and all data and information required by Richard Korver advocaten │lawyers. The client guarantees the accuracy and completeness of all data and information provided to Richard Korver advocaten│lawyers.
8. The remit will be executed exclusively on the client’s behalf. Richard Korver advocaten│lawyers are entitled to terminate the remit prematurely at any time.
9. Richard Korver advocaten│lawyers may call upon one or more persons or organisations that are not directly or indirectly associated with Richard Korver advocaten│lawyers for execution of a remit.
10. Richard Korver advocaten│lawyers are free, without further consultation and with due regard to the client’s privacy, to cooperate in pursuit of its interest switch publicity on a case, observing the Rules concerning publicity of the Society of Lawyers. Such freedom will continue even after the case has ended, provided that this will be done in consultation witch the client as far as possible. Insofar as cooperation is given on publicity without this being done within the framework of the pursuit of interests, Richard Korver advocaten│lawyers will be free to do provided the client’s interests are not injured.
11. The telephone and other conversations with Richard Korver advocaten│lawyers may be recorded and saved on a data carrier without further notice.
12. Richard Korver advocaten│lawyers are free if necessary to arrange substitution for court proceedings both mutually and externally.
13. Even if a client has approached Richard Korver advocaten│lawyers for the implementation of activities with a view to particular lawyer, Richard Korver advocaten│lawyers reserve their right to transfer all or part of such activities to another lawyer associated with the office – whereupon the same arrangements will then apply – if this is desirable in connection with specific lawyers or distribution of the workload.
14. The lawyer is entitled not to comply with instructions are in the lawyer’s view incompatible with the independence that a lawyer must observe.
15. Every lawyer is entitled by virtue of his attorney-client privilege to keep data and information provided secret and is obliged to do so by virtue of his duty of secrecy. This obligation does not apply if there is a statutory or professional duty to disclose hem. Richard Korver advocaten│lawyers and the persons working for them may rely on their duty of secrecy and attorney-client privilege irrespective of the client’s opinion in this connection
16. Richard Korver advocaten│lawyers are entitled to terminate an agreement immediately if the agreement in the lawyer’s view is incompatible with the Code of Conduct for Attorneys or other rules of the Netherlands Society of Lawyers, or if the client fails to provide information expressly requested, fails to discharge its payment obligations or other obligations towards Richard Korver advocaten│lawyers, or otherwise obstructs the office or the lawyer om the discharge of the remit.
17. The remit will be executed diligently and to the best of the lawyers ability but Richard Korver advocaten│lawyers do not guarantee that any contemplated result will be achieved. The remit will further be executed with due regard to the Code of Conduct for Attorneys drawn up by the Netherlands Society of Lawyers and other rules of the said Society.
18. If on executing a remit from a client an event unexpectedly occurs that results in Richard Korver advocaten│lawyers being held liable, liability will be limited to the amount or amounts paid under the professional or other liability insurance effected by Richard Korver advocaten│lawyers, plus the amount of the excess that Richard Korver advocaten│lawyers have accepted in connection with this insurance. An event within the meaning of the previous paragraph also includes an omission. If for any reason whatever the insurers may not make a payment, any liability is limited to the sum invoiced and paid by or on behalf of the client by Richard Korver advocaten│lawyers in the case concerned in the relevant year, excluding expenses and value added tax.
19. If through or in connection with the execution of the remit from a client or otherwise, persons are injured or property is damaged for which Richard Korver advocaten│lawyers are liable, such liability will be limited to the amount or amounts paid under the general liability insurance of Richard Korver advocaten│lawyers, plus the amount of the excess that Richard Korver advocaten│lawyers have accepted in connection with such insurance.
20. The client will hold Richard Korver advocaten│lawyers harmless against third party claims.
21. Article 6:76 of the Dutch Civil Code will not apply. Richard Korver advocaten│lawyers may be held responsible for failure on the part of a person not associated with Richard Korver advocaten│lawyers but concerned in executing a remit in accordance with article 9 if the client demonstrates that Richard Korver advocaten│lawyers were careless in selecting such person.
22. Persons who are retained for the execution of a remit from a client may wish to limit their liability in connection therewith. The client agrees to Richard Korver advocaten│lawyers accepting conditions limiting liability from third parties on the client’s behalf.
23. All entitlements and other rights of the principal towards the officiating lawyer or the lawyers associated in the consortium in connection with work done lapse as soon as a period of one year has expired following the date on which the principal learned or could reasonably have learned of the existence of such rights and entitlements.
24. the limitation of liability and exclusions, prescription periods and hold-harmlesses contained in these general conditions also apply to all non- contractual claims by the principal against the officiating lawyer or lawyers associated with Richard Korver advocaten│lawyers, insofar as they are connected with the execution of a remit by the officiating lawyer or lawyers associated with Richard Korver advocaten│lawyers.
26. Richard Korver advocaten│lawyers will preferably communicate by email but they can never be held liable for failure of arrival/complete arrival or receipt of email messages.
Tariffs and debit notes
27. Richard Korver advocaten│lawyers will, except in the case of legal aid (subsidised legal assistance) charge a fee for their activities, based in principle on an hourly rate, the time spent on a case, and a lump sum contribution to office overheads of 5% of the fee payable. The other expenses incurred will be invoiced separately. Value added tax will be payable in each case. General office overheads include not only such expenses as paper, postages, telephones, faxes, copying and email expenses connected with providing the services in a case, and all expenses resulting from the Accountancy Rules of the Netherlands Society of Lawyers. In the case of excessive expenses, e.g. telephone conversations abroad, or an exceptional number of photocopies and faxes (more than 50 pages), these will be invoiced as out-of- pocket expenses. Other expenses that will be charged through in any event include inter alia court fees, process servers’ expenses and the like.
28. Richard Korver advocaten│lawyers are entitled to change the hourly rates and fees invoiced by them. Richard Korver advocaten│lawyers are entitled at all times to require an advance on the client against the fee and expenses to be incurred.
29. Payment against debit notes will be made without delay or offset within 14 days following invoice date, failing which the activities may be suspended and legal interest (in the case of entrepreneurs: the statutory legal interest rate) charged. All legal and extra- legal expenses connected witch collection against debit notes will be borne by the principal. Complaints regarding debit notes should be lodged within the stated payment period in writing and do not relieve the debtor from his obligation to pay. A breakdown will be provided on request of every debit note. The breakdown shows activities in units of at least six minutes.
30. Richard Korver advocaten│lawyers are also entitled to offset anything that they may provisionally and/or reasonably be owed by a client against whatever they owe and/or reasonably may owe to the client.
Third Party Funds Management Foundation
31. Richard Korver advocaten│lawyers will ensure that moneys that must be paid by third parties to a client or moneys that must be kept by Richard Korver advocaten│lawyers during action on a case are transferred to the Richard Korver advocaten│lawyers Third Party Funds Management Foundation (Stichting beheer Derdengelden Richard Korver advocaten│lawyers) bank account, the Foundation taking charge of such funds.
32. The client irrevocably in advance authorises Richard Korver advocaten│lawyers accepting the remit to offset the said third party funds against outstanding expenses on the client’s behalf concerning activities undertaken or still to be undertaken by or on behalf of Richard Korver advocaten│lawyers. This offset authorisation is not limited to expenses on the case to which the third party funds received relate but extends to all activities undertaken or still to be undertaken by the office on the client’s behalf. No interest will be paid on funds on the third party funds account.
33. The client will first draw the attention of the acting lawyer to any complaint he has against lawyers or members of personnel associated with Richard Korver advocaten│lawyers.
34. An acting lawyer who receives a complaint will attempt to settle it as soon as possible. Should this not prove successful, both the client and the acting lawyer may then submit the complaint to one of the partners, namely Mr Korver or Ms Du Bois, in an attempt to have the complaint settled nonetheless in amicable reciprocal consultation.
35. Should the two possibilities for settling a complaint not prove successful, the client will be at liberty to submit a complaint to the Dean of the Amsterdam Society of Lawyers, insofar as the actions of a lawyer open to disciplinary measures are concerned.
36. If settlement of the complaint referred to in paragraph 1 and/or paragraph 2 above results in a solution, the solution will be confirmed in writing in a letter from Richard Korver advocaten│lawyers to the complainant within a week after it is reached.
37. A client satisfaction survey form may be printed out on the internet site www.richardkorver.nl and, whether or not anonymously, returned duly completed to Richard Korver advocaten│lawyers.
38. Richard Korver advocaten│lawyers will on termination of their activities for the principal return the documents obtained from such principal and any court documents at his request by ordinary mail and placed he file in its archive. It retains its right to destroy archived files five years following archiving without further notice, observing the applicable rules. Procedural documents in criminal matters received from a judicial authority will be returned to that authority immediately the case has ended or be destroyed.
39. Clients whose identity is not established by a judicial authority must identify themselves to Richard Korver advocaten│lawyers prior to a remit by submitting a valid passport or driving licence. A copy of this will be kept on the file.
40. The information compiled by Richard Korver advocaten│lawyers on their website is only for general information and may not be regarded as legal advice. Richard Korver advocaten│lawyers are not liable for loss that may result in consequence of an inaccuracy or incompleteness of data appearing on the website. Receipt of such information does not establish a relationship of any kind between Richard Korver advocaten│lawyers and the recipient of the information. Internet subscribers and online readers must obtain expert advice before acting on such information.
41. This website contains information, data, software, photos, graphic representations and other material protected by copyright, trademark rights or other ownership rights. Use of such information is not permitted without the express consent of Richard Korver advocaten│lawyers.
42. Richard Korver advocaten│lawyers’ website will include links to other websites. Richard Korver advocaten│lawyers has no control over such linked websites and are not responsible for the contents of linked websites or of links to linked websites.
43. The legal relationship between Richard Korver advocaten│lawyers and its clients is governed by Dutch law. Only the Dutch courts have jurisdiction in any dispute that may arise between Richard Korver advocaten│lawyers and a client. All disputes will be submitted to the competent court in Amsterdam.
44. A stipulation departing from the conditions is valid only if accepted in writing and expressly by the acting lawyer.