Terms of engagement

1. Scope

(1) These terms of engagement apply to all contracts for legal advice, out-of-court representation, representation in court and administrative proceedings and other legal services between Dr. Roth & Kollegen Rechtsanwälte Partnerschaft mbB (the “Firm”) and its clients, unless otherwise agreed in the individual case.

(2) The client's general terms and conditions only become part of the contract if the Firm expressly agrees to them.

2. Conclusion of the contract and contracting party

(1) The contract is concluded only when the Firm expressly accepts the mandate. An enquiry by telephone, e-mail or contact form does not establish a client relationship. Before accepting a mandate, the Firm checks in particular for conflicts of interest.

(2) The contracting party is exclusively the partnership, even if the mandate is offered to an individual partner or lawyer.

3. Scope of the mandate

(1) The subject matter and scope of the mandate are determined by the instructions given. The Firm owes careful legal work, not a particular legal or economic result.

(2) Advice relates to the law of the Federal Republic of Germany. Where foreign law is relevant, the Firm will point this out. Tax advice is not part of the mandate unless expressly agreed.

(3) Lodging appeals and other legal remedies and representation at a further instance require separate instructions. The Firm will inform the client of running deadlines in good time.

(4) After the mandate has ended, the Firm is not obliged to inform the client of subsequent changes in the law or case law that may affect the concluded matter.

4. Client cooperation

(1) The client informs the Firm fully, truthfully and in good time of all circumstances relevant to the mandate and provides the necessary documents. During the mandate, the client notifies the Firm without delay of any changes, in particular to address and contact details.

(2) The client checks the letters and pleadings sent to them to ensure that the facts stated are correct and complete.

(3) If the client fails to cooperate as required, this may be taken into account when determining responsibility for any resulting damage (§ 254 BGB).

5. Fees

(1) Fees are governed by the Lawyers' Remuneration Act (RVG) unless a different fee agreement has been made in text form. Expenses and statutory VAT are added.

(2) Notice under § 49b(5) BRAO: Where fees depend on the value of the matter, they are calculated on the basis of the value of the subject matter of the legal work.

(3) The Firm may request reasonable advance payments (§ 9 RVG). Fees fall due in accordance with § 8 RVG and are payable upon receipt of the invoice (§ 10 RVG).

(4) Notice regarding labour court proceedings (§ 12a ArbGG): In first-instance proceedings before the labour courts, the successful party has no claim to reimbursement of its lawyer's fees. This also applies to out-of-court work in employment matters. In these cases each party bears its own lawyer's fees, regardless of the outcome.

(5) Several clients in the same matter are jointly and severally liable for the fees in accordance with § 7(2) RVG.

(6) The client may only set off undisputed or legally established claims against the Firm's fee claims.

6. Legal expenses insurance

(1) Where legal expenses insurance exists, the client remains liable for the fees. At the client's request, the Firm invoices the insurer directly. To the extent that the insurer does not pay in full, the client owes the fees.

(2) For correspondence with the legal expenses insurer, the client releases the Firm from professional confidentiality to that extent.

(3) The Firm obtains confirmation of cover for the client without charging separately for this.

7. Assignment of reimbursement claims, client money

(1) The client assigns to the Firm, on account of performance, its claims to reimbursement of costs against the opponent, the state or third parties up to the amount of the Firm's fee claims. The Firm accepts the assignment and may notify the payer.

(2) The Firm may receive payments intended for the client and set them off against due fee and expense claims, unless professional rules prevent this. Otherwise, it forwards client money without delay.

8. Liability

(1) For liabilities of the partnership arising from damage caused by professional errors, only the assets of the partnership are liable to creditors (§ 8(4) PartGG). The partnership maintains the professional liability insurance required by law.

(2) For mandates involving a particularly high liability risk, a limitation of liability may be agreed separately in the individual case (§ 52(1) sentence 1 no. 1 BRAO). At the client's request, insurance exceeding the existing cover may also be taken out for an individual mandate; the client bears the additional costs.

(3) At the client's request, the Firm confirms telephone and oral advice in text form. Such confirmation is recommended in matters of considerable importance.

9. Communication

(1) The client agrees that the Firm may communicate with them by unencrypted e-mail, telephone and video conference. The client is aware that third-party access, data loss and forgery cannot be ruled out with unencrypted e-mail.

(2) The client may withdraw this consent at any time with effect for the future or request encrypted communication. The details will then be agreed.

10. Files and documents

(1) The Firm keeps its files for six years after the end of the mandate (§ 50 BRAO). The obligation ends earlier if the client does not collect the files within six months of being asked to do so.

(2) After the retention period, the files may be destroyed in compliance with data protection law.

(3) Opinions, draft contracts and other work products prepared by the Firm are intended for the client. Disclosure to third parties requires the Firm's consent in text form unless it is necessary for carrying out the mandate.

11. Termination of the mandate

The client may terminate the mandate at any time. The Firm may also terminate the mandate at any time, but not at an inopportune time unless there is good cause (§ 627 BGB). The claim to fees for services already rendered remains unaffected.

12. Data protection

Information on the processing of personal data in the context of a mandate is provided in the privacy notice for clients. It is sent with the engagement documents and is available on the website.

13. Dispute resolution

Consumers may refer disputes arising from the client relationship to the Arbitration Board of the Legal Profession (Schlichtungsstelle der Rechtsanwaltschaft, § 191f BRAO, www.s-d-r.org). The Firm is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

(1) German law applies.

(2) If the client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the place of jurisdiction is Munich.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions (§ 306(2) BGB).

Information on the right of withdrawal for consumers, including the model withdrawal form, is available on a separate page.