Date of last update: July 01, 2021
Preliminary Article: General
The purpose of these general conditions is to specify the general framework for the performance of the services provided by JUNCA & ASSOCIES and hereinafter referred to as “Services”.
Any order for Services implies the unconditional acceptance by the customer of these general conditions.
When special conditions are specified in JUNCA & ASSOCIES’ offers of Services or in a specific fee agreement, they are added to the general conditions.
In addition, relations between JUNCA & ASSOCIES and the client are governed by the provisions in force of Decree No. 2005 790 of July 12, 2005 relating to the rules of ethics of the legal profession.
In the event of contradiction between these general conditions, any special conditions stipulated and/or the provisions of Decree No. 2005 790, the order of prevalence is as follows:
The provisions of Decree No. 2005 790;
Particular conditions ;
These general conditions.
Article 1: Order of Services
JUNCA & ASSOCIES offers of services are written and hereinafter referred to as “Letter of Engagement”.
The client is required to send JUNCA & ASSOCIES a written confirmation of acceptance, hereinafter referred to as “Acceptance”, expressly referring to the corresponding Letter of Engagement.
The client pays at the time of Acceptance a provision on costs and fees corresponding to the amount stipulated in the Letter of Engagement.
Article 2: Performance of the Services
JUNCA & ASSOCIES is committed to implement all the means necessary for the proper performance of the Services.
JUNCA & ASSOCIES is committed to provide the Services in compliance with the ethical rules of the legal profession.
The client’s attention is drawn to the fact that the advice of Cabinet JUNCA & ASSOCIES is provided with the greatest conscience, but that the decision belongs exclusively to the client based on the information and knowledge available to him.
The client is committed to provide any information, documentation and any elements that JUNCA & ASSOCIES deems necessary for the performance of the Services.
JUNCA & ASSOCIES cannot be held responsible for any total or partial non-performance of the Services, attributable to a case of force majeure or to a circumstance beyond its control, even not comparable to a case of force majeure, making it impossible, temporarily or definitively, the performance of all or part of the Services.
Article 3: Costs and Fees
3.1 – Fees based on time spent
The fees of JUNCA & ASSOCIES Law Firm are determined according to the time devoted to the performance of the Services, on the basis of the hourly rate proposed by the Law Firm.
The nature and difficulty of the Services, the importance of the interests involved, as well as the notoriety, seniority and experience of the Firm’s stakeholders are taken into account to determine the hourly rate of intervention.
The hourly rate of intervention of Cabinet JUNCA & ASSOCIES is specified in the Letter of Engagement.
When possible, an estimate of the time envisaged to perform the Services, and consequently an estimate of the fees, is given to the client.
At the client’s request, this estimate may be specified in the Engagement Letter, however, it cannot be used to set the amount of the final fees due to JUNCA & ASSOCIES at the end of the Engagement, the time actually spent and the agreed hourly rate remaining the only applicable criteria.
JUNCA & ASSOCIES is committed to inform the client of the foreseeable evolution of the amount of the fees when events occur which are likely to have a significant impact on the amount of the fees previously estimated.
3.2 – Fixed fees
When Cabinet JUNCA & ASSOCIES and the client have agreed on flat-rate fees to which success fees may be added, the agreed flat rate corresponds to the overall remuneration of the Mission of Cabinet JUNCA & ASSOCIES, except in the event of major unforeseen difficulties or substantial changes to the Assignment, in which case an overrun of the agreed package will be determined to take into account these difficulties and/or changes.
3.3 – Fees
All the costs incurred by JUNCA & ASSOCIES for the performance of the Services remain the responsibility of the client.
They are of two types: file management fees and disbursements.
The file management fees corresponding to the Mission are determined by applying a coefficient equal to 10% of the fees.