ORDER CONDITIONS
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LAWYER MAG. CHRISTIAN EBMER MBA
(As of March 2024)
I. Scope of application
1. The terms and conditions of engagement apply to all activities and judicial and official as well as extrajudicial representation and advisory activities that are carried out in the course of a contractual relationship between lawyer Mag. Christian Ebmer, MBA (hereinafter referred to simply as "lawyer") and the client (hereinafter also "mandate ") can be made. Any contrary terms and conditions of the client's engagement will not be accepted.
2. The terms of engagement also apply to new mandates, unless otherwise agreed in writing.
II. Mandate and power of attorney
1. The lawyer is entitled to have the assignment or individual partial acts carried out by a trainee lawyer employed by him, without the latter entering into a contractual relationship with the client. There is only sub-authorization. The lawyer is entitled to commission all employees to process matters within the framework of the applicable laws and guidelines, insofar as these employees have been instructed about the obligation to maintain secrecy.
2. In addition, if he is prevented from attending, the lawyer may pass on the assignment or individual partial acts to another lawyer (substitution).
3. The lawyer engages foreign lawyers exclusively in the name and at the expense of the client.
III. stand-in
1. In the case of imminent danger, the lawyer is entitled to take or to refrain from an action that is not expressly covered by the order placed or an act that has been issued, if this appears to be urgently required in the interests of the client.
2. The lawyer is subject to confidentiality. Insofar as this is necessary to pursue claims by the lawyer (in particular claims for fees) or to defend against claims against the lawyer (in particular claims for damages by the client or third parties against the lawyer), the lawyer is released from the obligation of confidentiality.
3. The lawyer is entitled to accept the correctness of the information, facts, documents, documents and evidence provided by the client, provided that their incorrectness is not obvious.
IV. Fee
1. The fee set-off is based on the respectively valid general fee criteria (AHK), decided by the Austrian Bar Association, as well as the Lawyers' Fees Act (RATG).
However, the lawyer is also entitled, instead of the fee statement according to the general fee criteria, to charge an hourly rate of at least € 360.00 plus sales tax and cash expenses (notary fees, court and other fees, copies, postage, substitution costs, travel costs and expenses) for the time spent. expenses, etc.).
From an amount in dispute of € 35,000.00 the lawyer is entitled to charge an hourly rate of € 390.00, and from an amount in dispute of € 100,000.00 an hourly rate of € 420.00, plus sales tax and cash expenses.
In the case of services that are performed in whole or in part in a language other than German, the respective hourly rate increases by € 90.00 per hour.
The lawyer is entitled to bill every expense according to the hourly rate, this also applies in particular to legal research and travel time.
2. The client acknowledges that an estimate made by the lawyer and not expressly designated as binding about the amount of the likely fee is non-binding and not a binding cost estimate (within the meaning of Section 5 (2) KSchG), because the extent of the The nature of the services to be provided by the lawyer cannot be reliably assessed in advance.
3. The lawyer is entitled at any time to submit fee bills and to request advance fee payments. All judicial and administrative costs (cash outlays) and expenses (e.g. due to purchased third-party services) can - at the lawyer's discretion - be forwarded to the client for direct settlement.
4. If the client is an entrepreneur, a properly itemized fee note sent to the client is deemed approved if and to the extent that the client does not object in writing within one month (the receipt by the lawyer is decisive) from receipt.
5. If an order is placed by several clients in a legal matter, they are jointly and severally liable for all claims arising therefrom.
6. The notification of legal protection insurance by the client and the obtaining of legal protection cover by the lawyer does not affect the lawyer's fee claim against the client and is not to be regarded as the lawyer's consent to be satisfied with the fee provided by the legal protection insurance. The lawyer is not obliged to claim the fee from the legal protection insurance directly, but can demand the entire fee from the client.
7. Claims for reimbursement of costs by the client against the opponent are hereby assigned in the amount of the lawyer's fee claim to the latter when they arise. The lawyer is entitled to notify the opponent of the assignment at any time.
Even if a flat-rate or time-based fee is agreed, the lawyer is entitled to at least the cost reimbursement amount paid by the opponent in addition to this fee, insofar as this can be collected, otherwise the agreed flat-rate or time-based fee.
V. Liability of the lawyer
1. The attorney's liability is limited to the sum insured of the liability insurance that is available for the specific case of damage.
If the specific case of damage is not covered by the liability insurance taken out - for whatever reason - the lawyer's liability is limited to a maximum of € 400,000.00. Compensation for additional damage is excluded.
The stated maximum amounts relate to one insured event. If there are two or more competing injured parties (clients), the maximum amounts for each individual injured party must be reduced in proportion to the amount of the claims.
2. The lawyer's liability is excluded in the event of slightly negligent infliction of damage.
3. The lawyer is liable for third parties (in particular external experts or substitutes) commissioned with individual partial services in the context of the provision of services with the knowledge of the client only in the event of fault in selection. These third parties are therefore not the lawyer's vicarious agents.
4. The lawyer is only liable to his client, not to third parties. The client is obliged to expressly inform third parties who come into contact with the lawyer's services as a result of the client's actions.
5. The lawyer is only liable for knowledge of foreign law in the event of a written agreement, including when commissioning a foreign colleague who should be regarded as the lawyer's vicarious agent.
VI. Statute of limitations
Unless a shorter statute of limitations or preclusive period applies, all claims for damages against the lawyer expire if they are not made by the client within six months (if the client is an entrepreneur within the meaning of the Consumer Protection Act) or within one year (if the client is not an entrepreneur) from the point in time at which the client becomes aware of the damage and the person who caused the damage or of the other event giving rise to the claim, can be asserted in court.
VII. Choice of law and place of jurisdiction
1. The order conditions and the mandate relationship regulated by them are subject to substantive Austrian law.
2. For legal disputes arising from or in connection with the contractual relationship regulated by the contract conditions, including disputes about its validity, the jurisdiction of the competent court in Linz is agreed.
VIII. Final provisions
1. Changes or additions to these terms and conditions must be made in writing in order to be valid, unless the client is a consumer within the meaning of the Consumer Protection Act.
2. The client agrees to the destruction of the files (including original documents) after the statutory retention period has expired.
3. Statements by the lawyer to the client are deemed to have been received if they are sent to the address announced by the client when the client was issued or the changed address communicated afterwards.
Unless otherwise agreed, the lawyer can correspond in any manner he deems suitable. Unless otherwise instructed in writing, the lawyer is entitled to handle email communications with the client in unencrypted form. The client declares that he is informed about the associated risks (in particular access, confidentiality, changes to messages in the course of transmission) and, knowing these risks, he agrees that the e-mail traffic is carried out in unencrypted form.
4. The client gives his consent that his personal data and all documents and information disclosed by him can be saved, processed and used automatically by the lawyer. The data will not be passed on to third parties (with the exception of substitutes or colleagues who are involved in handling the mandate).
The ineffectiveness of one or individual provisions of these terms and conditions or the contractual relationship regulated by the terms and conditions does not affect the validity of the remaining agreement. The contracting parties undertake to replace the ineffective provision (s) with a provision that comes as close as possible to the economic result.