General Terms and Conditions of Assignments
1. Scope of Application
1.1. General Terms and Conditions of Assignments These General Terms and Conditions apply to all Assignment Agreements made with Matti Penttinen Attorneys-at-Law (Asianajotoimisto Matti Penttinen Oy) and complement such Agreements unless otherwise expressly agreed in writing with the Client. The Assignments are governed by Finnish Law.
2. Parties to the Agreement
2.1. The Parties are Matti Penttinen Attorneys-at-Law (hereinafter “Retained Attorney” or “Attorneys” and the Client (hereinafter “Principal” or “Client”). 2.2 The Client and their contact details are specified in the Assignment Agreement. 2.3. The Contact details of the Retained Attorney are the following:
Matti Penttinen Attorneys-at-Law (Asianajotoimisto Matti Penttinen Oy) Museokatu 8 A 00100 Helsinki domicile: Helsinki Business ID: 1531010-8 email@example.com Phone +358 9 141 360, Fax +358 9 141 286 www.mattipenttinen.fi/
2.4 The Attorneys are recorded in the Trade Register maintained by the National Board of Patents and Registration. The Attorneys’ business ID is 1531010-8 and VAT code FI15310108. 2.5 For the Attorneys, the cases are primarily managed by a responsible legal counsel recorded in the Assignment Agreement. 2.6. The attorneys at the Attorneys are registered members of the Finnish Bar Association. The professional title of "Attorney” used by attorneys-at-law has been issued in Finland. The authority supervising attorneys-at-law is
Finnish Bar Association (Suomen Asianajajaliitto) PO Box 194 (Simonkatu 12 B) 00101 HELSINKI Tel: +358 9 6866 120 Fax +358 9 6866 1299 firstname.lastname@example.org
3. Contents of Assignments
3.1. The Assignments cover advocacy services separately defined in the Assignment Agreement.
4. 4. Prices and terms of payment
4.1 The fee charged by the Attorneys for the work performed is based on the price list in force at each given moment.
The valid price list is available at the Attorneys offices. 4.2 The minimum charge for measures taken (such as phone negotiations or emails) is 0.2 hours (12 minutes). Moreover, any expenses incurred for the performance of the Assignment will be charged on a cost basis. 4.3. In the context of eventual travelling expenses, the cost for the travelling time corresponds to the normal fee. In addition, the travelling expenses as per the Finnish Tax Administration decision on tax free travelling cost will be charged. 4.4. The accumulated fees and expenses will be charged in stages as agreed measures have been performed. In case of court proceedings, the accumulated fees and charges will be charged for every court instance separately, no later than after the court has issued its decision. Expenses payable to outside parties can be charged in advance. Any interim invoicing will be agreed on separately. 4.5 The Attorneys have the right to invoice a retainer, both before accepting the Assignment and during the respective work. The retainer will be taken into account as a deduction in the final invoice. 4.5 The term of payment is 14 days from the date of the invoice. Delayed payments are subject to the legal interest on arrears. 4.7. The VAT included in the above fees and expenses is charged in line with the tax rate in force at each given time.
5. Legal expenses insurance and terms related to legal aid issues
5.1. The Attorneys have received instructions related to the eventual use of a legal expenses insurance or legal aid. 5.2. The Attorneys are entitled to charge the Client for fees and expenses to the extent that they are not covered by the Insurance Company. 5.3. In invoicing for cases involving legal aid, the regulations related to legal aid will be followed. 5.4. Should the Client have received a decision granting them legal aid, they must immediately inform the Attorneys if their income details undergo material changes.
6. Performance of the Advocacy Assignment
6.1. The Advocacy Assignment is carried out professionally and diligently in line with the professional ethics of the bar. For the instructions related to the Code of Conduct for Attorneys-at-Law, please go to www.asianajajaliitto.fi (in Finnish). 6.2. The Attorneys can send emails, related to the Assignment, to the email address given in the Assignment Agreement or separately notified by the Client. 6.3. Documents and notifications can also be sent by fax, using the number given by the Client. 6.4. In managing the Assignment, the person responsible for the Assignment can be assisted by other employees of the Attorneys. 6.5. The Attorneys are entitled to change and replace their employee responsible for the Assignment, by informing the Client of the change in advance. 6.6. The Attorneys are also entitled to use outside services for the Assignment, asking for expert statements whenever necessary for carrying out the Assignment. If such outside assistance causes considerable costs in proportion to the scope of the Assignment, the Client's advance consent will be needed. 6.7. If the Attorneys’ staff member responsible for the Assignment or other employee in charge of it are temporarily prevented from carrying out the related tasks at a defined time (such as acting as counsel at court), an outsider with the correct qualification can be employed for the task in question. The Client must be informed of the circumstances as soon as possible, considering the nature of the impediment.
7.1 In case of Clients who are consumers, the Attorneys' responsibility is unlimited. 7.2. For Clients other than consumers, the joint maximum liability of the Attorneys and their employees for eventual damages caused during an Assignment is the minimum liability under a property damage insurance confirmed by the Finnish Bar Association at each given time. At the moment of signing the Agreement, it is € 200.000. 7.3. If the damage or loss has been caused by intentional or grossly negligent action, the party causing the damage is liable of compensating the losses in full.
8. General Liability Insurance
8.1. In view of their operations, the Attorneys have a general liability insurance in force, with the maximum liability for property damages amounting to € 200,000 and for bodily and material damage € 500,000. The Attorneys’ liability is limited, irrespective of the insurance terms and conditions, as per the disclaimer provision under Clause 7. The liability insurance is underwritten by Pohjola Vakuutus Oy, Gebhardinaukio 1 00013 Pohjola, puh. 03 03 03 03, https://www.op.fi/pohjolavakuutus.
9. Disputes about the amount of the fee or performance of the Advocacy Assignment
9.1. Should the Client find that the invoice presented by the Attorneys is erroneous or excessive, the Client has the possibility to subject the dispute about the fee to the Disciplinary Board of the Finnish Bar Association. Should the Client be otherwise dissatisfied with the Attorneys’ services, they can lodge a complaint with the Disciplinary Board of the Finnish Bar Association. 9.2. Consumer Clients also have the possibility to bring an eventual dispute over the fee to the Consumer Disputes Board for examination. 9.3. The consumer Client can also subject a dispute to the District Court of their domicile. Parties other than consumer Clients can also subject a dispute to the District Court of their domicile.
10. Obligation to verify information under the Consumer Protection Act, and remote Assignment.
10.1. To fulfil the obligation of verifying information as per the Consumer Protection Act, the Attorneys declare that the consumer Client has the right to cancel an Agreement made by phone, letter, email, online or other remote communications, by informing the Attorneys, at their above address, within 14 days from receiving the present document. Should the performance of the services have already started upon the Client’s consent, the right to cancel the Assignment no longer exist.
11. Instructions to the Client and the Client’s obligations
11.1. The Client must inform the Attorneys without delay if their contact details change. 11.2. If the Client receives, from a court or other authorities, a summons, an invitation to a hearing, a request for a statement or any other material related to the case at hand and related to the Assignment, they must inform the Attorneys without delay of such circumstances. It is of primary importance that the information about the summons received is given without delay so that the Attorneys can receive time for the court proceedings and that all the necessary preparations, including the order of documents and invitation of witnesses, can be made in good time before the hearing. As concerns the requests for statements, the information is important so that the deadlines for submission of the documents do not expire. The Attorneys are normally not separately informed about any summons or the date of the hearing, and so the Attorneys’ information depends on the Client. 11.3. The Client must inform the Attorneys without delay about any contacts made by the adversary party or any changes in the Client’s circumstances that might have a bearing on the Assignment at hand. 11.4. The Client is obliged to retrieve the documents related to the Assignment within one year from the end of the Assignment. Should the Client not retrieve the documents within this timeframe, the Attorneys have the right to dispose of the documents, other than the originals belonging to the Client. Such documents include original sentences and decisions, inheritance and property distribution deeds, even if they had been acquired from other sources during the Assignment, as well as documents produced for the Clients, such as estate inventories, deeds of partition, testaments, agreements, etc. The disposable documents include, at least, minutes of pre-trial investigation, copies of the Client's documents and correspondence.
12. Validity and comments
12.1. Entry into force of the Assignment Agreement The Assignment Agreement enters into force upon its signature by both parties or by other approval of the same. Unless otherwise agreed separately, the Assignment Agreement enters into force and the measures in the case are initiated only after a positive decision on legal aid or legal expenses insurance is obtained, or the Client has paid the agreed retainer. 12.2. Expiry of the Assignment Agreement When both Parties have fulfilled their obligations under the Assignment Agreement, the Agreement expires without any further notice. The Client has the right to cancel this Agreement, with immediate effect, at any time. The Attorneys have the right to give up the Assignment only in line with the instructions under the Code of Conduct of Attorneys. 12.3. Further comments The Client must make any eventual comments on the above Terms and Conditions of Assignments to the responsible Attorney in writing, no later than within 14 days from the date of the present Assignment Agreement. Otherwise, the Client is considered to have accepted the Terms and Conditions in question. 12.4. Validity of the General Terms and Conditions
The present General Terms and Conditions enter in force on 17 July 2019.
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