I. Ordering and the scope of general terms and conditions
These general terms and conditions of ordering legal assistance constitute a part of all contracts concluded between attorneys/legal advisors of P. Szelenbaum – K. Kiełczewski & Wspólnicy Adw. Sp. k. Legal Office and P. Szelenbaum – K. Kiełczewski & Wspólnicy Adw. Sp. k. Legal Office (hereinafter referred to as: Attorney/Legal advisor) and their mandators (hereinafter referred to as: Clients), whose subject is legal advice and/or legal representation (these contracts are hereinafter referred to as Client's Orders of Service).
The use of other terms and conditions, in particular Client's terms and conditions, shall be definitely excluded from the Power of Attorney.
Ordering services usually takes place by signing a written Power of Attorney. Attorney/Legal advisor generally reserves the right to refuse to accept / perform the order also after the Power of Attorney has been signed. The Client should be informed about the refusal within a reasonable time, which is usually one week.
II. Fees, advance payment, limitations in deductions
Any Attorney's/Legal advisor's fees (hereinafter referred to as „Fees”) are calculated generally according to binding law provisions. In particular cases it is possible to settle a separate fee, if it is acceptable according to the law. Such a fee shall be settled in writing.
Attorney/Legal advisor may request the appropriate advance payment for any predicted fees/honoraria and expenses at the moment of ordering services, for which they issue an invoice, and perform/continue the order only when the advance payment is made.
Invoices shall be issued by an Attorney/ Legal advisor or by P. Szelenbaum – K. Kiełczewski & Wspólnicy Adw. Sp. k. Legal Office.
The Client is entitled to deduct their receivables with Attorney's/Legal advisor's receivables, if the his/her receivables have been acknowledged in writing or confirmed legally.
III. Information provided by the Client
Generally, the Client is obliged to provide Attorney/Legal advisor with information in writing. Generally, if it is necessary to provide documents, only their copies should be provided, unless the Attorney/Legal advisor made an verbal request to provide originals.
The Client shall read carefully all documents sent to him/her and provide the Attorney/Legal advisor, immediately, if possible, with any remarks and comments in writing. Please note that providing information only by phone to the Legal Office's employee, who is not an Attorney/Legal advisor does not always guarantee that the information is provided to the appropriate attorney on time.
Attorney/Legal advisor is obliged to keep confidential all information from the Client, about which they have been informed within the Order of Service, excluding the facts, which are obvious and do not require confidentiality, due to their nature. The Client, while ordering services, gives consent to inform any third parties about confidential facts, if it is necessary to perform the order correctly and due to the ordinary course of business. This also refers to providing confidential information to Attorney's/Legal advisor's employees and collaborators who are not Attorneys/Legal advisors, if they have been obliged by Attorney/Legal advisor to keep secrecy.
V. Limitations of liability
Verbal information provided at first legal advice and all information provided by phone shall be considered generally non-binding, unless confirmed in writing.
The Attorney's/Legal advisor's liability for damages on account of a breach of basic
and additional contractual, non-contractual and statutory obligations shall be limited
to EUR 25,000.00, unless the Attorney/Legal advisor and the Client have agreed
separate terms and conditions in this respect.
The aforementioned limitation of liability also refers to the Clients who order services as entrepreneurs within the scope of their business activity or independent professional activity, as well as legal entities and public-law entities. The liability of a person acting on behalf of the Attorney/Legal advisor is also limited to EUR 25,000.00.
The liability for damages for the persons who act on behalf
of the Attorney/Legal advisor shall also be limited to EUR 25.000,00, unless the
Attorney/Legal advisor and the Client have agreed separate terms and conditions in
Upon Client's written request, including also an obligation to cover such increased expenses in the form of advanced payment, the Attorney/Legal advisor is ready to provide an insurance in the sum required by the Client for a particular case and to annul the aforementioned limitation of liability up to the sum of the insurance. Please, note that the Attorney/Legal advisor does not guarantee providing insurance protection in the sum required by the Client in a short period of time.
VI. Cession limit
The Client may not transfer the rights referring to the mandatory relationship without the prior written consent of the Attorney/Legal advisor. Attorney's/Legal advisor's claims for remuneration may be transferred only to Attorneys/Legal advisors acting as third parties. In case of legally confirmed liability, ineffective execution or direct earlier consent of the Client in writing, the claims may be transferred also to other third parties, who are not Attorneys/Legal advisors.
VII. Written form
Any completions or amendments to general terms and conditions herein, and any common amendments within the scope of the Order of Service require settlement in writing, otherwise being null and void. This refers also to any possible changes to the requirement of written form.
The Attorney/Legal advisor and the Client may set out a
lower upper limit of the Attorney's/Legal advisor's liability for damages on account of
a breach of basic and additional contractual, non-contractual and statutory
obligations than the one set out in Clause V of these general terms and conditions of
the contracts, on the basis of exchange of correspondence in the form of documents