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41, avenue du X Septembre
B.P. 1734 | L-2551 Luxembourg
General Terms and Conditions of Law Firm, Lorang&Wingerter

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General Terms and Conditions of Law Firm, Lorang&Wingerter

Rule 1 - Applicability of the General Conditions

The terms and conditions as published on this site govern the relationship between the law firm and its clients. Any mandate given to LW will be governed by these terms, which are assumed to be known and accepted by the client in their entirety and without reservation. In the event of any conflict or contradiction between these terms and those of the customer, only these terms and conditions shall apply. LW reserves the right to change this. The amendments will apply even to current mandates from the date they are posted on the site

Rule 2 - Form of mandate

The mandate given to LW is not subject to any special formal requirement such as a written contract signed by both parties. The mandate may result from an oral instruction or a written request by a client. Generally, any request to the firm for information on a matter of law is a warrant.

Rule 3 - Acceptance of the mandate

LW is free to refuse a warrant without having to give reasons for its refusal. The firm is also entitled to file a warrant without having to justify it and without giving rise to any right to compensation on the part of the client.

Rule 4 - Fees

The lawyer’s fees are free and there is no fee structure.

The legal profession is regulated by the Law of 10 August 1991, article 38 of which lays down the criteria for setting fees, which are :

The importance of the case The difficulty of the case The result obtained The financial situation of the client

The rules of procedure of the bar specify that the following are also to be taken into account.

The work done by the lawyer (Hours worked) The reputation of the lawyer The professional experience of the lawyer

The fees are reduced from the first consultation, regardless of its form or medium. As the lawyer is bound by an obligation of means and not of result, fees are payable regardless of the outcome of the dispute. A success fee is charged based on the result obtained. In the event of a mandate given by a professional on behalf of one of its clients, the professional will be personally liable for the payment of the duties and services that he has requested from the firm unless the said services are actually paid by his client. Where possible, a purely informative estimate of fees may be provided. This does not replace the final statement of costs and fees drawn up when the file is closed. The fees are subject by law to VAT at the current rate of 16%.

Rule 5 - Costs and disbursements

In addition to the fees, the Client will pay the various expenses incurred as part of the settlement of his case, in particular: secretarial, procedural, publication and registration costs, bailiff, expert opinions, travel and accommodation costs, etc.

Rule 6 - Provision for fees and charges and invoicing

LW law firm is entitled to ask the client to pay a deposit at the beginning and/or during the processing of the case. In the event of non-payment of this provision, the firm is entitled to discontinue any service without incurring any liability. Any invoice from the firm is payable within eight weeks. In the event of two unsuccessful recalls, the firm will be allowed to charge late interest from the due date of the invoices at the central bank’s key interest rate plus two per cent.

Rule 7.1 - Obligations of counsel and professional secrecy

The lawyer undertakes to deal with the files entrusted to him with diligence. All information provided to him shall be covered by professional secrecy.

Rule 7.2 - Obligations of the client

The client undertakes to cooperate loyally with the lawyer. In particular, he will provide him with honest information about his personal situation and the facts of the case. He undertakes to transmit to the lawyer the information, documents and documents requested by the lawyer for the processing of his case. He undertakes to act expeditiously on any request for remuneration or payment of costs.

Rule 8 - Archiving

After the case is closed, the lawyer has an obligation to archive the documents for a period of 5 years. After this period, the lawyer is authorized to destroy them unless the client has taken RV to retrieve the exhibits from his file.

Rule 9 - Money laundering

The law firm is subject to Luxembourg law on money laundering. In any consultation file with a view to the establishment or transformation of legal structures, fund management, tax structuring and other activities provided for by the law, the client must submit to the requests for information addressed by the firm. Failure by the client to issue the required documents may result in a declaration of suspicion to the authorities.

Rule 10 - Responsabilité

The lawyer is bound by an obligation of means. The quantum of its liability is limited to the amount of the fees collected.

Rule 11 - Intellectual Property

All consultations, notes, opinions from the firm are protected by intellectual property rights. They may not be passed on to third parties without the firm’s prior consent. Unauthorized use of the information contained therein is prohibited and the firm cannot be held liable in this regard.

Rule 12 - Applicable jurisdiction and competent law

The relations between LW and its clients are governed exclusively by the applicable laws or regulations of Luxembourg, with the exception of any other applicable foreign legislation. Only the Luxembourg courts have jurisdiction, with the exception of any foreign court. Customers whose address or registered office is located outside Luxembourg expressly accept the jurisdiction of the courts of Luxembourg for any dispute arising out of the interpretation or execution of this Agreement.

Version of 15 May 2023