Terms and Conditions

Pursuant to Article III-74 of the Code of Economic Law, the following legal information is provided to the customer prior to the provision of services:

1.1. The Customer entrusts the lawyer with the defense of his interests in the context of a mission of advice, assistance, negotiation, defense or representation before the courts, tribunals, tax authorities or bodies before which the Customer is invited to appear. The precise purpose of the lawyer's mission is defined, depending on the circumstances, in the legal information sheet issued by the lawyer at the start of the contractual relationship with the Client, in a "letter of engagement" or in any other communication between the lawyer and the Client.

If necessary, the lawyer will inform the client of the particular nature of the case the client has referred to him, and of the lawyer's assessment of the assignment, so that the client can form a clear picture of the lawyer's tasks.

Any change to the assignment during the course of the project must be notified in advance and receive the customer's express agreement.

1.2. The lawyer's mission includes all services required to defend the client's interests.
1.3. The lawyer acts with diligence, respecting legal rules as well as the rules of ethics and courtesy applicable, in particular, between lawyers.

Unless the lawyer and the Client have agreed otherwise as to the time frame for the performance of the assignment, the assignment commences when the Client and the lawyer have agreed on the purpose of the assignment, the financial terms of the assignment and the application of these general terms and conditions to the contract.

If the lawyer has to intervene before he has the customer's consent, he sends him the conditions and rates as quickly as possible.

Any change to the assignment during the course of the project must be notified in advance and receive the customer's express agreement.

1.2. The lawyer's mission includes all services required to defend the client's interests.
1.3. The lawyer acts with diligence, respecting legal rules as well as the rules of ethics and courtesy applicable, in particular, between lawyers.

3.1. The lawyer's mission is to advise, assist and represent. In each case, unless the client has dispensed, the lawyer will inform the client in a precise manner, on the basis of the facts communicated to him and the current state of the law, of the various possible outcomes of the dispute in the context of a mission of assistance or representation. In all cases, the lawyer uses the most useful and effective means to meet his client's interests.
3.2. The client undertakes to inform the lawyer spontaneously and as fully as possible of all facts and documents relevant to the purpose of the assignment entrusted to the lawyer. This obligation to communicate information and documents will continue throughout the performance of the assignment, as the case develops. The client thus undertakes to communicate to the lawyer, without delay, all new documents and information relating to the case that come to his knowledge.

3.3. The lawyer will keep the Customer informed of the progress of his case. When the lawyer is involved in proceedings, he will specify the progress of the proceedings, provide the relevant hearing dates and the exhibits and arguments raised by the opposing party or parties. Where necessary, he will provide a brief report on the hearing as soon as possible. As soon as the decision has been rendered, the lawyer will forward it to the client, informing him of its scope and of the possible avenues of appeal open to him.

3.4. In the event of failure to provide information or communication of relevant documents, transmission of inaccurate or incomplete information, or late provision of the required information or documents, the party responsible for providing the information shall be liable for the harmful consequences of such failure.

1.2. The lawyer's mission includes all services required to defend the client's interests.
1.3. The lawyer acts with diligence, respecting legal rules as well as the rules of ethics and courtesy applicable, in particular, between lawyers.

4.1 With the exception of correspondence from an attorney-at-law, correspondence from the attorney-at-law to the client, to another attorney-at-law or to the authorities of the Bar Association is, as a general rule, confidential.
4.2. If the Client comes into possession of confidential correspondence, he undertakes to keep it confidential, not to pass it on to third parties and not to use it either within or outside the framework of the professional relationship with the lawyer.

5.1. When the lawyer works in a partnership or group, the Client is informed and accepts that the assignment is shared between the lawyers who are members of the partnership or group.
5.2. The lawyer is authorized to call upon, under his own responsibility, lawyers from outside the firm to carry out specific tasks in the course of his work. In such cases, the client will be clearly informed in advance of the lawyer's role and the possible cost of his intervention.

5.3. The Client agrees that the lawyer may choose the bailiff or translator to be used in the execution of the assignment. In this case, the lawyer will inform the Client of the role of this third party and, if necessary, provide the Client with an estimate of the cost of the third party's intervention.

5.4. With regard to the use of other third parties, such as specialized lawyers, notaries, experts, technical consultants or accountants, the choice of third party will be made by the lawyer after prior consultation with the Customer. In this case, the lawyer will only enter into a commitment with these third parties once the Client has agreed to the quality and role of these third parties in the execution of the lawyer's mission, and to the cost of these interventions. Wherever possible, a separate agreement will be concluded, either by the Client directly with the third party, or by the lawyer with the third party, in which case the Client will have given his express consent to the separate agreement.

5.5. The Client undertakes to pay without delay the invoices sent to him for the payment of fees and expenses of third parties used by the lawyer in accordance with the preceding paragraphs.

6.1. Principles

At the start of the engagement, the lawyer clearly informs the client of the method of calculating his fees and any expenses. To avoid any surprises for the client, the lawyer prefers to establish a fixed fee formula. The lawyer's services may also be invoiced at the basic hourly rate.

6.2. Basic hourly rate

Services will be billed at the basic hourly rate set at the beginning of the lawyer's assignment, unless a fixed fee formula has been agreed.

The basic hourly rate will be updated periodically, taking into account changes in costs. In the event of an update, the customer will be informed of this adaptation.

6.3. Possible adjustment of the hourly base amount

The basic hourly rate may be adjusted upwards or downwards according to criteria such as the size of the case or the urgency of the matter, with a maximum weighting of 50%.

This rate will be increased, for example, in the event of an emergency request.

An emergency intervention includes any duty involving services after 7 p.m., at weekends or requiring immediate availability (emergency procedural acts, etc.).

6.4. Fees

Expenses will be invoiced on the basis of a lump sum corresponding to 10% of the fees.

The fees cover the costs of running the lawyer's office, opening, managing and closing the file, typing and sending letters, faxes, e-mails, telephone costs, photocopies, travel and parking expenses, etc.

6.5. Disbursements

Disbursements incurred in connection with a case may include, but are not limited to: court registry fees, bailiff's fees, administrative costs of civil status documents or other documents, sworn translator's or consultant's fees, fees paid to a lawyer from outside the firm for a service rendered before a court outside the district where travel by a lawyer from the firm does not appear to be required.

Disbursements are not subject to VAT, except for bailiff's fees.

6.6. Success Fee

At the close of the case and in addition to the fees referred to above, in the event of complete or partial success in a dispute, the lawyer's statement of costs and fees will be increased by a fee based on the amounts recovered or debts avoided, in principal and interest, plus any fines, penalties or increases.

The formula and rate of this fee will be fixed at the start of the lawyer's engagement, to avoid any surprises for the client.

6.7. Provisions, statements, invoicing, terms of payment and late payment

In order to spread out expenses, the lawyer is careful to request advance payment of fees and expenses (and possibly disbursements if they are advanced).

The first advance covers all or part of the services that would have been carried out at the time of the request, with any balance reserved for outstanding duties. Requests for further advance payments will be submitted to the customer at a later date, when the sums already paid have been used up or come to an end.

A final statement of fees, charges and disbursements is drawn up at the close of the case, indicating either the outstanding balance or the overpayment to be returned to the customer (provided that all amounts owed by the customer have been paid). One or more interim statements may be drawn up at any time.

The Customer accepts electronic invoicing.

Invoices and requests for payment are payable in cash to the lawyer's office account.

Withdrawal from third-party accounts: the lawyer is authorized to withdraw from the sums he collects on behalf of the client any sums due to him by way of retainer, fees or disbursements, in any case for which he is responsible on behalf of the client. The lawyer will inform the client of any such deductions.

In the event of non-payment on the due date, the provisions and statement of charges shall automatically and without formal notice bear interest at the rate of 10% per annum, and the Customer shall be liable for the cost of registered mail and other expenses incurred in recovering the amounts due. In the case of instalment payments, late payment of any instalment shall also result in all amounts due being payable in full.

The lawyer will also be entitled, without being held liable for any consequences resulting therefrom, to suspend or terminate his intervention in files opened on behalf of the Client, if the Client remains in default of payment to the lawyer of the amounts due 8 days after a reminder has been sent. This reminder must inform the Client that the lawyer will suspend or terminate his intervention upon expiry of the 8-day period.

7.1. The lawyer will spontaneously ask the client if he can benefit from the total or partial intervention of a paying third party (legal protection insurance, group, association, trade union, etc.). If such an intervention is envisaged, the Client will immediately inform the lawyer and provide him/her with the precise contact details of this third-party payer as well as the conditions of its intervention (in particular the intervention ceiling).

7.2. In principle, the lawyer will contact the third-party payer to provide the necessary information to enable the latter to assess the extent to which it should intervene. However, the lawyer and the client may agree that the client will provide the information required by the third party payer.

7.3. The lawyer's invoices will be made out in the Customer's name and sent to the third-party payer.

7.4. In any event, the Customer is personally liable for payment of the lawyer's fees, costs and disbursements, without prejudice to the Customer's right to terminate the lawyer's engagement at any time. The Customer is liable for payment of fees, costs and disbursements in the event of refusal or default by the third-party payer, or in the event of the third-party payer's intervention ceiling being exceeded.

7.5. The lawyer also draws the client's attention to the fact that, even in the event of the intervention of a third-party payer, the client, in his capacity as client and principal of the firm, must bear the amount of fees and expenses not covered by the third-party payer (exceeding the intervention ceiling, partial refusal of coverage, dispute by the third-party payer of the hourly rate or the final method of calculating fees or costs, exceeding the amounts provided for by or in application of articles 8 and 11 of the law of April 22, 2019 aimed at making legal protection insurance more accessible,...).

8.1. If an amount charged to the Client remains unpaid or if the lawyer does not receive information useful for the management of the file or if he does not receive the instructions he has requested, the lawyer will have the right, after giving notice, to suspend or interrupt any service. If the Client's omission persists despite a reminder, the lawyer may terminate his intervention.

8.2. When the lawyer suspends or interrupts his intervention, he will draw the Client's attention to the possible consequences of the suspension or termination of his intervention (e.g. current deadline). This decision to suspend or terminate the assignment shall be communicated within a sufficiently reasonable time to allow the Client to remedy these possible consequences.

8.3. The fees, costs and disbursements remain due to the lawyer until the suspension, interruption or termination of his mission.

9.1. The lawyer complies with his legal obligations regarding the identification of the client or his principal. The latter undertakes to provide spontaneously all documents allowing the establishment of the identity and authorizes the lawyer to take copies of them. The obligations of the lawyer and the Client arise from the laws and regulations and in particular from the provisions of the law of September 18, 2017 on the prevention of money laundering and terrorist financing, which applies in particular when the lawyer assists his Client in the preparation of specific operations such as: assisting the Client in the preparation or execution of transactions such as the purchase or sale of real estate or business enterprises; management of securities funds or other assets belonging to the Clients or its principal; opening or management of bank, savings or portfolio accounts; arranging the necessary contributions for the incorporation, management or direction of companies; incorporating, managing or directing trusts, companies or similar structures or intervening in the name and on behalf of the Client in any financial and real estate transactions. The information that must be required by the lawyer of his Client varies according to whether the Client is a natural person, a legal person or a representative. The client will inform the lawyer as soon as possible and spontaneously of any change and will provide him with proof of the change.

9.2. When the nature of the case (as defined in point 9.1) or when the particular situations provided for by the aforementioned law of 18 September 2017 (country of origin, difficulties of identification, unusual relationship between the Client and the lawyer or the nature of the operations, public figure or similar) impose on the lawyer an obligation of reinforced vigilance, the Client undertakes to answer any question from the lawyer enabling him to comply with his legal obligations in terms of the fight against money laundering and the financing of terrorism.

9.3. When the lawyer assists the Client in his legal defense or when he proceeds to the evaluation of his legal situation, the lawyer is bound to the strict respect of professional secrecy. It is specified that the law requires the lawyer to inform the President of the Bar as soon as he notices, outside his mission of legal defense or consultation relating to the analysis of the legal situation of the Client, facts that he suspects to be related to money laundering or terrorism financing. The President of the Bar will, if necessary, transmit the report of suspicion to the Financial Information Processing Unit (CTIF).

10.1. The Customer is informed that the provision of services with a cross-border aspect may fall within the scope of the law of December 20, 2019 transposing Council Directive (EU) 2018/822 of May 25, 2018 amending Directive 2011/16/EU as regards automatic and obligatory exchange of information in tax matters in relation to reportable cross-border arrangements (hereinafter: "DAC 6"). On the basis of DAC 6 and articles 326/1 to 326/10, CIR 92, any intermediary acting on or after July 1, 2020 may be required to declare a construction it advises where it qualifies as a "cross-border scheme" within the meaning of article 326/1, 1°, CIR 92.

10.2. This legal reporting obligation is waived when the intermediary is bound by professional secrecy organized by law (including lawyers) and intervenes in the analysis of the taxpayer's legal situation or in the defense of his rights in the event of litigation. In such cases, the obligation to declare the "cross-border scheme" will be transferred to another intermediary or, failing that, to the client, who will be informed by the lawyer.

10.3. The Customer has been informed of this legal obligation to declare and accepts the application of this legal regime to him. If it turns out that the lawyer is unable to declare on the grounds of professional secrecy and that no other intermediary declares, the Customer must take the necessary steps himself. In neither case can the lawyer be held responsible for the absence of a declaration or for any irregularity concerning this declaration. If necessary, the Client may mandate the lawyer to make the declaration on the Client's behalf. The terms and conditions of this additional service are to be agreed.

If, in the course of the performance of the assignment specified in the information sheet or in the letter of engagement, or in any other communication between the lawyer and the Client, the lawyer commits a fault which causes damage to the Client, the lawyer's obligation to compensate for this damage is, by express agreement between the Client and the lawyer, limited to the maximum amount of the lawyer's professional liability insurance.

12.1. End of contract

The client may terminate the lawyer's engagement at any time by informing the lawyer in writing.
However, when the lawyer's mission is part of a subscription, or a regular succession of cases, the lawyer may negotiate with the Client a notice period or a compensatory indemnity.

The lawyer may also terminate the contract at any time by informing the client in writing. If circumstances so require, the lawyer will, on the one hand, take the necessary precautionary measures and, on the other hand, grant the client a reasonable period of time in which to organize his defense.

12.2 Archive storage

The lawyer electronically retains the archives of the file entrusted to him by the Client for a period of five years from the date on which :
the client terminates the lawyer's involvement
the lawyer has terminated his involvement;
the file is closed by the completion of the assignment entrusted to the lawyer.

This retention covers correspondence and the main procedural documents, as well as the substantive documents entrusted to the lawyer, without prejudice to the lawyer's right to return these documents to the client.

For files subject to the law of September 18, 2017 on the prevention of money laundering and terrorist financing, the retention period for archives relating to Customer identification is extended to ten years.

At the end of the five- or ten-year period, the lawyer may destroy all the documents in the file, without exception, after informing the client in writing and giving him a reasonable period of time in which to retrieve the documents. It is therefore up to the client, if he so wishes, to ask the lawyer to return all or part of the file documents before the expiry of the five- or ten-year period. The documents are returned to the lawyer's office.

The Client's data is collected and processed in accordance with the RGPD, and the Client gives his consent to the use of this data in the context of the processing of the case and the fulfillment of the Lawyer's obligations. The Client agrees that the Lawyer may send him legal information and information about the Lawyer's activities.

The contractual relationship between the lawyer and the client is governed by Belgian law. Only the courts of the judicial order in the jurisdiction of the lawyer's office are competent.