These General Terms and Conditions apply to all services provided by the individual lawyers of the law firm Tillid, having its registered office at B-2140 Antwerp, Bouwensstraat 21, unless the client and the individual lawyers of Tillid expressly deviate from these General Terms and Conditions in writing.
The contractual relationship exists between the client and Tillid’s individual lawyers.
1. Object of the service and task of the lawyer
The task of the lawyer consists of providing (legal) advice, assistance in mediation and/or negotiation, assistance in one or more specified procedures, representation in court in one or more specified procedures and all related actions such as drafting correspondence, holding discussions, drafting procedural documents, following up dossiers…
The lawyer will inform the client promptly about the execution of his assignment and about the progress of the handling of the case. The client will provide the lawyer with all useful information, on time and throughout the duration of the assignment, if necessary at the request of the lawyer. In the event of non-cooperation on the part of the client, Tillid’s lawyers reserve the right to terminate their intervention, regardless of whether services have already been rendered prior to the non-cooperation and without prejudice to the client’s obligation to pay for services already rendered and costs incurred.
3. Recourse to third parties
If the execution of the assignment requires the use of a bailiff or a translator, the client will leave the choice to the lawyer.
The lawyer will only call upon other third parties, such as civil-law notaries, experts or accountants, chosen in consultation with the client, with the client’s express consent.
4. Costs and fees
The statement of costs and fees of a lawyer contains three elements: the lawyer’s fees, the fixed general costs for the operation of the lawyer’s office and the specific costs attributable to a specific case for the execution of the services requested by the client, such as court fees, travel expenses, etc.
Agreements regarding the applicable fees and costs and the payment methods are made between the client and Tillid’s individual lawyers.
Legal costs and expenses for certain interventions such as those of bailiffs, the registry, translators and public authorities are charged separately to the client by the individual lawyers.
As of 1 January 2014, 21% VAT is charged on the lawyer’s fees and costs.
Tillid’s individual lawyers may request one or more advance payments before the start of the assignment and while the case is being handled. An advance payment is the lump sum paid by the client to the lawyer, prior to a detailed statement of costs and fees. In the final statement of expenses and fees, advances shall be deducted from the total amount.
In the absence of correct payment of the requested advances or statements of costs and fees, Tillid’s lawyers may suspend or terminate their intervention.
5. Third-Party Funds
Tillid’s lawyers pass on all amounts received for their client within the shortest possible time to their client. If the lawyer in question cannot immediately transfer an amount, he will notify the client of the receipt of the amount and will inform him of the reason why the amount has not been transferred.
Tillid’s lawyers may deduct amounts from the amounts they receive on behalf of the client to cover outstanding advances or statements of expenses and fees. This provision is without prejudice to the client’s right to contest the statements of fees of the lawyer concerned and to claim payment of these withheld amounts.
Tillid’s lawyers immediately transfer all amounts received from the client on behalf of third parties to these third parties.
The liability of Tillid’s individual lawyers, whether contractual or non-contractual, towards the client and third parties for any damage, loss or cost directly or indirectly resulting from the services, acts or omissions of Tillid’s individual lawyers is in any case limited to the amount of the cover under the policy covering the professional liability of Tillid’s individual lawyers, which was concluded through the intervention of Vanbreda Risk & Benefits. Under no circumstances can the lawyer be held liable for a higher amount than that paid out by the insurer under professional liability, if the case arises.
This limitation does not apply in case of intentional acts or gross negligence on the part of the lawyer.
The lawyer informs the client that for the specific treatment of his case, the subject of this agreement, a more insurance can be taken out subject to the payment of an additional premium.
7. Termination of Agreement
The client may terminate the agreement at any time by informing Tillid’s individual lawyers in writing. The lawyer will transfer his/her final statement of costs and fees to the client, taking into account his performance until the termination of the agreement.
Upon first request, the lawyer will return the documents in the file to the client, except for confidential correspondence
Tillid’s individual lawyers may terminate the agreement at any time by notifying the client in writing. To determine the moment at which they cease their services, Tillid’s lawyers take into account the possibility for the client to obtain the necessary assistance from another lawyer in a timely manner.
The termination of the services by Tillid’s individual lawyers does not affect the client’s obligation to reimburse the services and costs performed prior to the termination and the services and costs relating to the transfer of the case.
8. Processing of personal data
The individual lawyers of Tillid collect and process personal data of clients in the context of their services, client management, accounting and direct marketing (legal grounds: performance of the agreement, legal obligation and / or legitimate interest). Personal data will only be passed on and stored to the extent and for as long as necessary for these purposes.
The client has the right to check, rectify, delete and object, as well as to lodge a complaint with the data protection authority. The client is responsible for the accuracy of the personal data he/she provides and undertakes to comply with the General Data Protection Regulation [EC Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data] and the Act of. 30 July 2018 on the protection of individuals with regard to the processing of personal data with regard to the persons from whom he/she transmits personal data, as well as with regard to personal data he/she would receive from Tillid’s individual lawyers and their collaborators.
For more information, please refer to our Data Protection Policy [Privacy statement] on the website.
9. Applicable law and disputes
Belgian law applies and the courts of Antwerp, Antwerp division, have exclusive jurisdiction, without prejudice to the right of individual lawyers of Tillid to bring the action before the courts and tribunals of the place of residence or the registered office of the client.