General Conditions for the Provision of Legal Services

General Conditions for the Provision of Services

Article 1 (Definitions)

1. Company – Pereira, Gonçalves & Serafim, Sociedade de Advogados SP RL, registered with the Portuguese Bar Association under nº 31/20, legal person nº 516028626, with registered office at Cais do Alboi nº 4, in Aveiro.
2. Board of Lawyers of the Firm – Lawyers who carry out their activity, in the Firm’s offices, as partners, as associates, as service providers or as partners.
3. Lawyer – The Lawyer or Trainee Lawyer who is entrusted by the company with the provision of a certain service, for the benefit of a Client.
4. Management – ​​The Lawyer or Lawyers who supervise the work carried out, distribute the tasks related to the different files and define, in case of doubt by the appointed Lawyer, the strategy to be followed in each specific case.
5. Secretariat – The administrative support structure of the office.
6. Clients – Individuals and legal entities or their legal representatives, assisted by any of the Lawyers or trainee Lawyers who form part of the Firm’s Staff.
7. Provision of Legal Services – The provision of intellectual activity by Lawyers in the study of questions raised by clients, the provision of legal information to clients, the provision of activities inherent to the fulfillment of the mandate, the provision of activities that are necessary and adequate to the follow-up of the questions presented to the Lawyer by the Client.
8. Services Provided – All consultancy, forensic practice, process consultation, document verification, negotiation, notary, conciliation and arbitration services or any other services in which the Lawyers intervene, as well as the Secretariat’s own services .
9. Supervision – Management activity that consists of verifying the progress related to the treatment of each subject, recommending measures, verifying the fulfillment of scheduled tasks, verifying the compliance of interventions with the internal rules and, especially, adopting appropriate measures for the constant improvement of the activity of the Lawyers and the Secretariat.
10. Mandate – Agreement under which the Lawyers to whom a power of attorney is granted undertake to perform legal acts on behalf of the Client.
11. Note of Fees and Expenses – Detailed list of services provided and internal and external expenses, attributed to each case object of the provision of services.
12. Provision – Advance made by the Client, on account of expenses and fees.
13. Current Account – Summary list of credit and debit entries attributed to a given customer.
14. Cause Result Function – Element that corrects the value of forensic fees, which will take into account the value of the cause and the result obtained.

Article 2 (The Company)

1. The Company is governed by the provisions of Decree – Law nº 229/2004 of 10 December.
2. The Firm is made up of its partners, under the terms of the diploma mentioned in article 2.1, and may associate other lawyers to its activity, under the contractual conditions agreed with them.
3. The Firm organizes the means and structures indispensable for the good practice of Law, giving priority to the independence and integrity of each lawyer.
4. The Management is responsible, among others, for supervising working methods, and will seek to ensure compliance with the levels of quality, rigor, professionalism and ethics in the provision of Legal Services.
5. The Firm organizes the intervention of Lawyers in the provision of services requested by Clients, in compliance with the following principles:
5.1. The Provision of Services will comply with the legal and ethical standards of the practice of law and will strive for the achievement of a high standard of quality and diligence, respecting, in particular, the following rules:
5.1.1. Lawyers must respond to all situations promptly, conscientiously and diligently;
5.1.2. The Lawyers will do everything to reduce the time spent on each procedure to a minimum, without prejudice to the needs of the careful study of each case;
5.1.3. Lawyers will refuse to advise, represent or act whenever there are conflicts of interest, under the terms defined by the Statute of the Bar Association;
5.1.4. Without prejudice to the use of mediation, conciliation and arbitration, and without the express consent of all the parties involved, services that may jeopardize the rule in the previous point will not be accepted by any of the Lawyers.
5.2. The services contracted with any of the Lawyers are considered to be contracted with the Firm, without prejudice to the following rules:
5.2.1. The economic relations relating to the Provision of Services are exclusively held by the Company and the Client, who must pay the Company all the bills presented to it by the Company;
5.2.2. The fact that a Client originally contacts a Lawyer does not prejudice the right of the Firm, through its Management, after hearing the titular Lawyer, to entrust another Lawyer with certain tasks, in accordance with the rules of good management, with a view to improving diligence, economy of means or the level of specialization required for the specific case.
5.2.3. The mandates contained in the powers of attorney granted to the group of lawyers or to any of them may be replaced by the representatives in any of the Lawyers that are part of the firm’s staff, with respect for the effectiveness of the intervention, the special aptitude required for any specific task, the management interests agenda or for any other relevant reason.
5.2.4. If the case requires specialist qualifications, for which none of the Lawyers have specific competence, the Firm, after hearing the titular Lawyer and obtaining the Client’s consent, may hire the services of an external Lawyer, with adequate qualifications to deal with the matter.
5.2.5. If the Client’s lawyer ceases to be part of the Firm’s staff, the Firm will inform the Client, with the Client’s consent, and after obtaining the Client’s consent, it will appoint another Lawyer(s).

Article 3 (Lawyers)

1. The Lawyers that are part of the Firm’s staff can be:
1.1. Partners;
1.2. Associates;
1.3. Intern Associates;
1.4. Foreign partners;
1.5. National partners.
2. Lawyers carry out their activity in compliance with the Statute of the Bar Association, the applicable complementary legislation and the ethical standards of law.
3. The fact that Lawyers carry out their activity in an integrated manner and subject to Company Supervision cannot, under any circumstances, impair their independence and freedom.
4. Civil liability arising from the practice of legal acts arising from the relations of Lawyers and the Firm with Clients is exclusively attributable to the Lawyer who has committed the fault that it causes, excluding the others.
5. Civil liability will be covered by professional liability insurance.

Article 4 (Management)

1. The Management of the Company is responsible for its own attributions, contained in the Statutes and the law, and for the Management of the activity of the offices.
2. The management powers of the offices may be delegated to any of the Lawyers, by internal instruction.
3. The delegation of powers can be made to a lawyer who is not a partner.

Article 5 (Of the Secretariat)

1. The Secretariat is made up of a person or team of people who are responsible for all administrative support to the team of Lawyers and the document management of the offices.
2. The Secretariat member(s) are bound by professional secrecy, under the terms applicable to forensic employees.
3. The Secretariat members are especially responsible for the following attributions:
3.1. The organization of all documents processed in the office and the respective treatment;
3.2. The communication to Clients of the relevant facts and documents that are indicated by the Lawyers;
3.3. The payment of expenses that have to be paid for the good processing of the matters entrusted to the Lawyers;
3.4. The collection of Provisions and the amounts of Fee and Expense Notes presented to Customers and the respective computer processing;
3.5. The organization of the entire back-office in terms that allow the good use of information by Lawyers and access to essential information by Clients.

Article 6 (Customers)

1. The quality of Client is acquired in the first Consultation of a natural or legal person with a Lawyer of those who integrate the firm’s staff, unless there is a conflict of interest that prevents the acceptance of mandate.
2. If the conflict of interest is detected only after the mandate has been accepted, the fact must be communicated to the Client, resolved in accordance with the rules contained in the Statute of the Bar Association.
3. The Company recognizes the right of its clients to demand that their cases be treated with care and will take all appropriate steps to fulfill this interest.
4. Clients have the right to complete and timely information on the progress of all matters entrusted to lawyers.
5. Clients undertake to provide Lawyers with all relevant information for the performance of the Provision of Services, the respective documents and the means of proof appropriate to the case.
6. Customers undertake to appear, in good time or on the date and time indicated, at the Company’s offices, whenever their presence is deemed necessary for the treatment of pending issues.
7. Clients undertake to maintain secrecy about the communications made to them by the Lawyers and about the work methods adopted, and must refrain from providing any information to third parties.
8. Customers undertake to provide the Provisions and pay the Fees and Expenses Notes under the terms referred to in these General Conditions.
9. Pursuant to the provisions of article 1167, al. d) of the Civil Code, the Clients who send the order are obliged to compensate the Lawyers for the damages they suffer as a result of the fulfillment of the mandate, whenever such damages result from the gross negligence of the Clients, namely in the failure to provide the information essential for the fulfillment of the mandate. .
10. The Provision of Services referred to in these general conditions is indispensably based on a relationship of trust. Thus, whenever this is broken or simply shaken, both the Client and the Lawyers have the right to terminate the contract, by unilateral declaration or by revocation of the mandate or resignation of the mandate.

Article 7 (Provision of Legal Services and Mandate)

1. The Provision of Legal Services begins with the first consultation and will follow the sequence recommended by the Lawyer and accepted by the Client.
2. As a rule, the services provided by Lawyers must respect good legal practices.
3. The Provision of Services may integrate the fulfillment of a mandate contract or develop independently of the existence of a mandate, in areas that are specific or similar to the law.
4. The Provision of Services may include the contracting of services from third parties essential for the proper handling of the case, namely those of experts, appraisers, accounting technicians or others.
5. The contracting of third-party services will always depend on the prior consent of the Client, assuming such consent if nothing is said in writing in response to a request for a position sent by the Company, by letter, by email (e-mail), or inserted in the client’s file in the office’s database
6. The Provision of Services covers acts performed without a mandate and acts performed in fulfillment of a mandate. The first group includes all acts of legal advice, the acts of a lawyer that can be performed without a power of attorney, the acts proper to the Secretariat, in the exercise of the functions it has in the organization and all others necessary for the proper fulfillment of the Provision of Services. .
7. All acts performed within the framework of the Provision of Services are onerous.
8. The rules contained in article 1161 of the Civil Code and the Statute of the Bar Association apply to acts carried out within the framework of the Provision of Services, of whatever nature.
9. Representatives may fail to carry out the mandate or depart from the instructions received when, under the terms of article 1162 of the Civil Code, it is reasonable to assume that the principal would approve of their conduct if they were aware of certain circumstances that it was not possible to communicate to them. in useful time.
10. It is valid as communication to the Customer the sending of a fax, a letter with normal mail, or by electronic mail (e-mail).
11. The powers of attorney are granted on behalf of the various Lawyers appointed by the Board. However, each of the lawyers is only responsible for the acts entrusted to him.
12. As a rule, powers of attorney must contain only general forensic powers and powers to present and demand payment of the costs of a party, as well as to give the respective payment due discharge.
13. In special cases, Lawyers may accept powers of attorney with special powers or act upon written instructions from the Client with a mandate without representation.
14. Without prejudice to the provisions of article 301.3 of the Civil Procedure Code, if the Lawyer acts in his own name, but in the interest of the Client, he acquires the rights and assumes the obligations arising from the acts he celebrates. However, it is obliged to transfer to the principal the rights acquired in the execution of the mandate, applying the provisions of articles 1180 to 1184 of the Civil Code.
15. The resignation of the mandate by the Company’s Management implies the resignation of all lawyers, if this is stated in the power of attorney.

Article 8 (Remuneration for Services Provided)

1. All Services Provided are remunerated in accordance with the following rules:
1.1. Fees are set according to the time spent studying or performing the tasks entrusted to Lawyers, according to a fee/hour table that takes into account the experience of each Lawyer in the exercise of the tasks specific to the profession.
1.2. The fees cover the time spent on study activities, strategic definition, supervision of forensic pieces, reanalysis of the position of each process at any time, organization of information for Clients, client conferences, conferences with Colleagues or with other parties and any others of interest to the specific case.
1.3. Fees may be set at a fixed amount per case, in relation to typical processes or within the framework of agreements with companies or other individuals or legal entities.
1.4. The time spent studying new subjects that should form part of the general training of each lawyer is not charged to Clients, as fees.
1.5. The following Expenses are charged to the Customers’ accounts:
1.5.1. Fee for opening a file, according to the fixed value of the Table of Fees for Expenses, for each file opened, including the preparation of the physical file and the creation of the corresponding computer records;
1.5.2. Annual maintenance fee, according to a fixed amount in the Table of Fees and Expenses, corresponding to an annual amount per file, which will cover the costs of maintenance and surveillance of the same;
1.5.3. Secretarial Fees, according to the fixed value of the Table of Fees and Expenses, corresponding to each movement of mail from the Courts, registration of its entry or exit and adequate computer processing;
1.5.4. Postal Fees, according to the fixed value of the Table of Fees and Expenses, for each piece of mail sent by the postal services, including the respective computer processing;
1.5.5. Photocopies, according to the fixed value of the Table of Fees and Expenses, per page;
1.5.6. Transport, corresponding to the value of public transport, the kilometers traveled according to the official price list or a value to be fixed for the use of a rental car without a driver, considering the cost of rental, the cost of fuel and the tax cost of such use.
1.5.7. Expenses attributable to the process, duly justified by documents.
1.5.8. Court fees, court fees and emoluments that may be paid by the Company.
1.5.9. Any other expenses essential for the proper provision of services.
1.6. Entries processed as fees and expenses give rise to a Fee and Expense Note that is sent to customers.
1.7. The Company may request the prior provision of Provisions for Fees, Expenses and Fees or just Expenses, and Customers must provide such provision within the period indicated to them.
1.8. In the event of Provisions, their amounts will be deducted from the amount payable in relation to the Fee and Expense Notes issued.
1.9. At the end of each case and taking into account the value of the same and the result obtained, the Client will be charged an amount of fees called Function Result of the Cause, which will respect the limits of the Table of Fees and Expenses and will take into account the difficulty of the matter, the importance of the services provided, the results obtained and the practice and style of the region.
2. As the services are provided, Fee and Expense Notes will be issued, which will be sent to customers, accompanied by a summary of the respective current accounts, by fax, email or regular mail.
3. The Fee and Expense Notes, as well as the current account statements, must be verified by the Customers, who may submit complaints therein within fifteen days of receipt and regardless of the payment they have made.
4. Provisions and payment of Fee and Expense Notes must be made, if no other is indicated, within eight days of receipt.
5. Payments are made exclusively at the Company’s Secretariat, by bank deposit, or by electronic transfer, against the issuance of a credit note or invoice.
5.1. If payment is made by check, sent by post, within five days of receipt, the corresponding revenue document will be issued, which will be sent to the Customer.

Article 9 (Non-compliance)

1. Failure to comply with the rules relating to the provision of Provisions and the payment of Notes for Fees and Expenses gives the Lawyers or the Firm’s Management, by the Lawyer who assumes it or whoever represents it, the right to renounce the mandates.
2. The lack of provision of Provisions within the indicated period, exempts the lawyers from the payment of any expenses, even those that are essential for the smooth running of the case.
3. Notes for Fees and Expenses not claimed within the period indicated above, and current account statements that have been notified to customers and that are not claimed within fifteen days constitute enforceable titles.
4. In the event of non-compliance with the rules regarding the payment of Provisions and the values ​​of the Fees and Expenses Notes and the waiver of mandates, the Company will deliver to the Client the documents essential for the defense of its interests, without prejudice to the provisions of article 84, 2 of the Statute of the Bar Association.
5. The regime of Decree-Law nº 269/98, of 1 September, applies to the contract for the Provision of Legal Services consummated with the adhesion to these General Clauses, and the citations must be made at the address indicated in the Client form, pursuant to article 236-A of the Code of Civil Procedure.
6. The competent forum to settle disputes between the Company and the Clients is the civil court of the District of Aveiro, to the exclusion of any other.
7. In the event of non-compliance with the payment conditions that oblige the Company to resort to the Courts, they are obliged to pay the Fees and Expenses related to the collection action, the fees being set at the values ​​established in Ordinance 150/2002, of 19 February (fee values ​​in cases with legal aid).

Aveiro, Novembro de 2020