FEE AGREEMENT - Sample for Orientation Purposes Only:
Dr. Schaefer and Client do hereby agree as follows:
1. Instead of the statutory fees, the Client agrees to pay to Dr. Schaefer a fee based on working time performed calculated at a preferential hourly rate of _________ €) (____________ EUR), plus statutory Value Added Tax, if applicable (the “Agreed Rate”). This Agreement on Fees will relate to all necessary actions and legal advice rendered arising in the context of handling the following case matter in and out of court:
("the Case Matter")
3. Dr. Schaefer shall be entitled to engage other lawyer colleagues where in his reasonable opinion necessary to efficiently and in a cost-conscious manner handle the case matter, but undertakes that their fees will not exceed the Agreed Rate unless approved by the Client in writing in advance. Prior to any engagement, Dr. Schaefer shall seek the prior written (including E-mail transmission) approval of the Client.
4. In each case the fees become due and payable within thirty (30) days from the receipt of an interim written statement and invoice sent by Dr. Schaefer to the Client. The fee may be calculated on a monthly basis or based on longer intervals of time. Dr. Schaefer may at its discretion demand advance payments of fees.
5. Travel costs (if requested by or agreed in advance by the Client), disbursements and expenses shall be reimbursed by the Client by forwarding copies of the respective receipts to the Client and/or by specifying the expenses concerned. Dr. Schaefer shall be entitled to charge a flat fee of __________of the respective invoiced fee amount to cover telecommunication, copying and other related office expenses.
6. The Client is aware that Lawyers' fees for judicial (court) proceedings under Section 49b of the Federal Lawyers Code (BRAO) are not permitted by law to be less than the fees stipulated in the Code of Lawyers' Fees (RVG). If these are higher than the hourly rates, Dr. Schaefer will make allowances according to RVG.
7. The Client is further aware that in the event of a legal dispute the duty to refund costs by the unsuccessful party will only relate to the fees covered by RVG; the fees paid within the context of this Fee Agreement are therefore not refundable to the extent they exceed the statutory level.
8. The courts of Munich shall have exclusive jurisdiction over any dispute arising from and in connection with this agreement. German Law shall be the exclusive applicable law to this agreement.
9. Should any of the above provisions be void, voidable and/or unenforceable, the validity and/or enforceability of the other provisions of this Agreement shall not be affected.
Limitation of Liability Agreement - Sample for Orientation Purposes Only:
1. The Parties hereby agree that the liability of Dr. Schaefer relating to the performance of legal services (including the liability of any other lawyer colleague Dr. Schaefer involved, hereinafter collectively referred to as “the Lawyers”) is limited to the maximum amount of one Million EURO (1,000,000 €) save in any case of gross-negligent or willful misconduct, omission or breach of duties on part of the Lawyers. Upon request of the Client and at its own cost the maximum amount of liability of the Lawyers can be increased by obtaining adequate insurance coverage for a specific case matter, if available.
2. Any claims against the Lawyers shall be statute-barred after elapse of three (3) years from the date the respective claim arose, in any event however at the latest three (3) years after the representation of the Client by the Lawyers in the concrete case matter ended.
3. Should any of the above provisions be void, voidable and/or unenforceable, the validity and/or enforceability of the other provisions of this Agreement shall not be affected.