- Applicability
1.1. These general terms and conditions apply to all assignments and additional assignments given to Nobel Advocatuur;
1.2. These general terms and conditions have been drawn up for the benefit of all (legal) persons and third parties who are directly or indirectly involved in any way in the services provided by Nobel Advocatuur.
- Execution
2.1. Acceptance of the assignments can be done explicitly and / or tacitly.
2.2. We will always endeavor to achieve the desired result. However, we cannot guarantee that this result will actually be achieved.
2.3. The responsible lawyer will carry out the assignment personally. In the execution of your assignment (s), we will only be guided by your interest (s), with due observance of the applicable regulations, including the rules of conduct for lawyers, regulations and guidelines of the Dutch Bar Association. In doing so, we will act in a manner that may be expected from a reasonably competent and reasonably acting lawyer. If we deem it necessary that we let others assist you in the performance of our work (excluding the bailiff), we will only do so after your approval.
2.4. We will keep you informed of developments, progress and changes in your case.
- Financial agreements
3.1. The financial agreements with you will be confirmed in a confirmation letter. The agreements below only apply if not agreed otherwise.
3.2. We would like to point out the possibilities of funded legal aid: www.rvr.org .
3.3. In principle, if you are not eligible for funded legal assistance, we apply a reasonable hourly rate.
3.4. Disbursements such as court fees, bailiff’s costs, travel costs and costs for the required extracts are in addition to the fee for your own account.
Continued Financial Agreements
3.5. The hours specifications are drawn up in units of six minutes.
3.6. We will notify you as soon as possible if the work exceeds the budgeted time. You can then decide on the continuation or premature termination of the assignment. Without notice from your side, we assume that you agree to the continuation of the assignment.
3.7. For the invoices sent to you by us, a payment term of fourteen (14) days applies. In the event of late or incomplete payment, we reserve the right to suspend our work until full payment. If payment is not made so that we have had to suspend our work, with the result that we can no longer adequately represent your interests, we reserve the right to withdraw from your case. In that case, you will continue to owe the payment, possibly after deducting too much – by way of advance -.
- Liability
4.1. Our liability is limited only to the amount paid out under the liability insurance in the particular case, including the amount of the deductible.
4.2. If no payment is made under the liability insurance, any liability is limited to the amount charged by Nobel Advocatuur in the relevant case in the relevant year, excluding advances and sales tax, up to a maximum of € 5,000.00.
4.3. All claims will lapse after one (1) year after the date on which the person concerned became known or could reasonably be aware of the culpable act or omission of the lawyer.
- Archive
5.1. The physical file will be kept for two (2) months after the case is closed. The file is then archived.
5.2. You can submit a request for a copy of your file up to two (2) months after the case has been closed.
5.3. The requested file is only provided after all outstanding bills have been paid to us.
- Complaints and disputes settlement
6.1. We do what we can to complete your case to your satisfaction. In the unlikely event that you are dissatisfied with our services, you can submit a complaint – preferably in writing – to our office. The responsible lawyer will try to find a solution to your problem in consultation with you. If the solution or response offered is not satisfactory to you, you can submit your complaint to the Disputes Committee for the Legal Profession.
6.2. You must submit your complaint to Nobel Advocatuur within three (3) months after the moment when you became aware or could reasonably have known of the act or omission of the lawyer that gave rise to your complaint.
6.3. Nobel Advocatuur will consult you within four (4) weeks after receipt of your complaint to find a solution or – if there is no reason to do so – we will send you a written response to your complaint within this period.
6.4. You can submit your complaint to the Disputes Committee for the Legal Profession for settlement no later than twelve (12) months after Nobel Advocatuur’s written response. After that this possibility expires.
6.5. The Disputes Committee for the Legal Profession is authorized to judge complaints regarding the quality of services and the amount of invoices. In addition, the Disputes Committee is authorized to judge claims for damages up to an amount of € 10,000.00.
6.6. Nobel Advocatuur can in turn submit unpaid invoices to the Disputes Committee for the Legal Profession.
6.7. The Disputes Committee for the Legal Profession is located at (2591 XR) The Hague at 46 Bordewijklaan and can be reached on telephone number 070 – 310 53 10.
- Governing Law
7.1. Dutch law applies to this agreement.
7.2. Unless the Complaints and Disputes Procedure for the Legal Profession applies and an appeal is made to the Disputes Committee, disputes will be settled by the court in Rotterdam.