§ 1 Mandate, inclusion of AMB
(1)
These General Terms and Conditions of Mandate (AMB) become part of all – including future – agency agreements between BRG | Schleicher, lawyer Juri Schleicher, Otto-Suhr-Allee 27, 10585 Berlin (lawyer), and their clients (clients) who provide legal advice and/or representation (mandates). The inclusion of other general terms and conditions, in particular those of the client, in the mandate is hereby expressly contradicted. If the contracting parties have made different written agreements, these take precedence over the AMB.
The AMB also apply to subsequent and long-term mandates from the same client, without the AMB having to be included again.
(2)
The mandate is carried out by signing and returning a written power of attorney or an order and then expressly confirming acceptance of the mandate. We reserve the right to reject a mandate even after the power of attorney has been signed. This must be communicated to the client immediately.
(3)
We carry out all orders in compliance with the Federal Lawyers’ Act (BRAO) and the Professional Code of Lawyers (BORA) as well as other legal regulations.
§ 2 Scope of the mandate contract
(1)
Information provided verbally or by telephone is generally provisional and non-binding without written confirmation.
(2)
The subject of the mandate is the agreed activity, not the achievement of a specific legal or economic success. The examination of foreign law is only required if this is expressly agreed in writing. The order is generally given to the lawyer unless representation by several lawyers is mandatory or this is agreed separately in writing. In any case, we are entitled to the fee. The assignment of the respective processing takes place in accordance with the firm’s internal organization, which is based on subject areas.
(3)
We are only obliged to seek legal remedies and redress if we have received and accepted a mandate to do so. We are entitled to lodge legal remedies within the deadline even without an express mandate if this serves to avoid disadvantages for the client and express instructions from the client can no longer be obtained in a timely manner.
§ 3 Fees, advance payment, assignment, offsetting, offsetting
(1)
Our fees and expenses are generally calculated in accordance with the provisions of the Lawyers’ Compensation Act (RVG) on the basis of the value of the item (Section 13 RVG), unless otherwise agreed. A business fee according to No. 2300 VV RVG is charged at a rate of at least 1.3. The provisions for offsetting the business fee against any fees that may arise later for other activities in the same matter do not apply.
(2)
Deviating from paragraph (1), a fee agreement can be made to the extent permitted by law (Section 4 RVG). If we have agreed on an hourly fee with the client, we keep handwritten time records of the time spent executing the contract. These become the basis for the fee billing.
If the client does not object immediately after receipt of the invoice, the time spent and the invoice are deemed to have been approved.
If a mandate that was initially paid out of court on an hourly basis or at a flat rate turns into a legal dispute, the statutory fees for the legal dispute will only be offset if expressly agreed.
(3)
When issuing the mandate, we can request an appropriate advance payment for the expected fees/fees and expenses by sending a corresponding invoice (§ 9 RVG) and make the start or continuation of the activity dependent on payment.
(4)
In order to secure our claims against the client arising from the client relationship, the client assigns to us all claims for reimbursement to which he is entitled in connection with the subject matter of the mandate against the opponent, the state treasury, insurers or other third parties subject to reimbursement up to the amount of the claims to be secured, which the assignment assume. We will not collect the assigned reimbursement claim as long as the client meets his payment obligations, in particular as long as he does not refuse payment or default on payment or has filed an application for the opening of insolvency proceedings against his assets.
(5)
We are authorized to offset reimbursement amounts and other payment amounts due to the client that we receive against outstanding claims or services yet to be billed.
(6)
The client is entitled to set off against a claim