General terms and conditions

1 Aprill 2014

Terms:

  • LFS – Law Firm SAJIC, partnership company, Bulevar vojvode Z.Misica Banja Luka;
  • Contract – Contract for the provision of legal services concluded in writing;
  • Client – Every natural or legal person to which the Law Firm SAJIC provides legal services;
  • Associate – Person employed in the Law Firm SAJIC;
  • Lawyer – Person employed as a lawyer in the Law Firm SAJIC;
  • Attorney fee – The tariffs on fees and reimbursement of expenses for work of lawyers.
  • The LFS provides professional legal and consulting services as well as assistance to its clients to achieve their business goals, in accordance with the Law on Advocacy of the Republic of Srpska, without giving any guarantees and assurances as to the outcome of legal and other proceedings that are subject to the provision of legal and consulting services.

It is in the interest of the LFS as well as its client that the LFS provides legal and consulting services under clear conditions.

1 Relationship with clients

The LFS system of work involves assigning associates to work with the client in order to secure that the client has a main contact person in the LFS, where assignment is made according to the nature of client’s case and to the legal experience or specialization of the LFS members.

If a customer has any questions or concerns relating to the case, the same may be addressed to the Associate, or Partner / Lawyer of the LFS, which deals with his/her subject.

2 Guidelines (instructions)

Engagement of the LFS implies the authority that the LFS may undertake all legal actions that might be necessary in order to protect the client’s interest in connection with a specific subject or project (unless the client issues different instructions which must be in written or electronic form). The scope of work for each job engaging the LFS will be defined in an Agreement and later can be defined in more detail in written communication, in accordance with the Agreement.

In the event that the client does not submit a signed copy of the Agreement to the LFS, it shall be deemed that the client has accepted these General Terms and Conditions if in meantime the client sends written or electronic instructions for work on the particular subject.

3. Fees

Unless otherwise agreed in writing, fees of the LFS shall be determined in one of the following ways:

According to the hourly rate

  • Fees according to the hourly rate are based on the amount of time spent working on the client’s case, multiplied by number of hours of persons involved in the work time spent on the client’s case includes meetings with the client and the time spent traveling, reviewing of documents, preparation and work on the documents, written communications regarding the case, making telephone calls, etc..
  • Hourly rates are calculated in convertible marks, unless otherwise agreed. The amount of the hourly rate is to be specified in the Agreement.
  • If the client’s instructions require overtime of LFS employees (in cases when working at night and on weekends is not conditioned by the objective circumstances) the LFS reserves the right to increase the height of the hourly rate by 30%.
  • The LFS is obliged to regularly inform the client about the amount of hours spent working on the client’s case. If work on the case has been pending longer period, the LFS will issue invoices on a monthly basis. If the LFS for any reason ceases to represent the client, an invoice will be issued to the client for all work performed up to the date of termination of legal representation.

According to the value of actions undertaken as determined by the Attorneys’ Tariff

  • The amount of compensation for a lawyer of the LFS is to be determined by the Attorneys’ Tariff, which determines the number of points for certain actions of lawyers.
  • On the effective date of the LFS General Terms and Conditions, the effective is also the Attorneys’ Tariff on fees and reimbursement of expenses of attorneys (Official Gazette of RS no. 68 dated 25 July 2005).

Individual fixed fee

  • The LFS can arrange with the client in writing an award for work on a particular subject in the proportion (percentage) with success in the proceedings i.e. with success in the legal actions that the LFS undertake for the client.
  • Details of the fixed fee are to be settled out in an Agreement concluded between the LFS and the client in writing.

Flat rate

  • In the case of continuous legal aid, counseling services, and representation of clients, the LFS and the client will agree in the Agreement on the amount of flat rate, which the client will pay on a monthly basis on the basis of the submitted invoice. The scope of work to be performed by the LFS in accordance with lump sum compensation will be defined in the Agreement.
  • In the event that the contract between the LFS and the client includes the flat rate, and the matter has not been completed, i.e. the LFS ceases to represent the client in that particular matter/project, the LFS will, unless otherwise agreed, charge the work done (which can be estimated on the basis of the recorded hours of work or proportionally) and any expenses that the LFS have had on behalf of the client to the date of completion of work.

4 Internal translation services

Depending on the capabilities and capacity, the LFS can assist in providing the services of internal translation from English or to English. In case of necessity to perform a translation by certified court interpreters, the LFS can assist clients in the organization and engagement of the same.

5 Expenses

Authorizing the LFS to act on behalf of the client and to protect its interests, the client also authorizes the LFS to bear the expenses that are considered necessary in order to perform the work on the case, the client is required to reimburse the same to the LFS along with the payment of attorneys’ services, even though in certain situations the LFS may require the client to pay expenses in advance.

Expenses include, among other things, court fees, administrative fees, payment of courier service, costs for experts whom the LFS has to engage with the approval of the client, fees for registration, etc. This list of expenses is not the final. Expenses are to be charged in accordance with the Attorneys’ Tariff.

6 Payment

Invoices are issued to clients on monthly or other intervals, as agreed in the Agreement.

Invoices include a specification and description of work performed. The amount of the invoice is expressed in BAM or EUR depending on the seat / residence of the client who is to receive the same.

Depending on the signed Agreement, along with the invoice should be submitted a detailed schedule of spent work hours, including a specific date, a description of the actions, the names of the persons who were engaged.

Invoices become due for payment within 15 days from the date of invoice, unless otherwise stipulated in the Agreement.

If the payment per issued invoice is not made ​​within 15 days of issuance of invoice, the LFS reserves the right to calculation of the default interest from the date of maturity to payment.

If the client is late in paying obligations on the basis of issued invoices, the LFS reserves the right to suspend or terminate its work, to keep all documents belonging to the client including all delivered to the LFS by the client in order to execute the instructions of the same. The LFS has the right to terminate or suspend the work on any case, if it refers to the client who is late with the payment obligations on the basis of invoices issued, regardless to the nature of the case, and it might continue until the moment of settling all debts to the LFS by the client.

When invoicing the LFS will calculate the VAT for all services at the rate established by the Law on Indirect Taxation (at the time of entry into force of the LFS General Terms and Conditions, the VAT rate is 17%)

If, after the issuance of the invoice, the client requests the issuance of the invoice to another person, the LFS may refuse such request if it would cause difficulties for the LFS in the terms of accounting.

7 Disputes

Regardless of the outcome of the dispute, the client will be responsible for payment of invoices to the LFS.

If the party, who loses the lawsuit for any reason, fails to comply with an order to reimburse the costs and expenses of the proceedings to the client, the client is obliged to reimburse the costs and expenses of the LFS, unless otherwise agreed.

8 Termiantion of services

In case of a justified reason, the LFS has the right to terminate the provision of services, with a notice sent to the client 30 days in advance. However, the LFS will not cease to provide services unless it finds that it is not in the interest of the client to continue to work on the case or if there is a conflict of interest, or if the client fails to make payment on overdue invoices, or fails to perform requirements of the LFS related to payment of fees or expenses. If either party decides that the LFS ceases to work on the client’s case, the client is obliged to pay attorney’s fee and expenses that the LFS have had to the date of termination of the work on the case.

9 Confidentiality and Conflict of Interest

All information related to business operation of the client and related events will be considered confidential and as such will be kept at all times, unless the client agrees to disclosure of information, or if the LFS is required by law to disclose/publicize the same (for example, in cases when it comes to fraud, money laundering or other criminal offenses).

In case of conflict of interest, the LFS will work with the client jointly in order to decide on the further procedure. In order to protect the interests of the client, the LFS will, if necessary, withdraw from representation of the client in which case, with the consent of the client the LFS will assist the client in finding another lawyer.

By accepting the LFS General Terms and Conditions the client gives a consent that the LFS can use the client’s name for the purpose of giving information about professional reference of the LFS, which in any case will not involve disclosing any confidential information to third parties.

10 Archiving documents

After payment of all outstanding invoices, the LFS will deliver and return to the client all documents related to the case, which the client previously submitted to the LFS or which were obtained by the LFS when working on the case. Working documents of the LFS, all written communications between the LFS and the client, as well as other documents prepared by the LFS remain the property of the LFS. After the cessation of active work on the case, all documents will be archived, in the manner prescribed by the internal act of the LFS. Documentation is kept under the assumption that the LFS has the authority of the client to destroy the same five years after preparing or obtaining of such a document.

11 Problems and Complaints

If after reading the LFS General Terms and Conditions the client has any doubts related to some issues, or if the client is not satisfied with any aspect of the services provided by the LFS, the client should as soon as possible address the issue to an Associate or Partner / Lawyer of the LFS.

12 Copyright and other intellectual property rights

The LFS retains the copyrights and other rights with respect to any documents that deliver to the client. The client has a non-exclusive license to use such documents for the purpose the same was made, but not for other purposes without the prior consent of the LFS.

13 Limitation of responsibility

Unless otherwise agreed, the LFS limits its financial liability towards the client in respect of any claims related to breach of the contract on the maximum amount of coverage provided for professional liability insurance that is applicable at that time. This amount includes all possible damages, expenses and interest to be determined against the LFS.

14 Waiver

Failure to use one or more of the rights contained in the LFS General Terms and Conditions at any time or for any period under no circumstances shall be interpreted as a waiver of such right(s).

15 Exclusive benefit

The client agrees that work of the LFS will not be available to third parties without the prior written consent of the LFS. The LFS does not assume any liability to third parties in connection with any aspect of professional services of the LFS that might be available.

16 Nullity

Nullity or no-enforceability of any provision of these LFS General Terms and Conditions will not affect the other provisions which will remain binding on both parties.

17 Changes and amendments

LFS reserves the right to amend the LFS General Terms and Conditions, if necessary, with a written notice that will be sent to the client electronically, and in any case will publish it on the LFS website, in order to assert the current practice of the LFS as well as any changes to professional and other legal requirements that the LFS is obliged to fulfill.

Banja Luka, 01.04.2014

Law Firm SAJIC