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GENERAL TERMS & CONDITIONS FOR CLIENT AGREEMENTS 2019
NJORD Law Firm (NJORD Advokaadibüroo OÜ) (Tallinn, Estonia)
1. The legal services are provided by NJORD Advokaadibüroo OÜ, hereinafter NJORD, (reg. no. 11176771, seated at Veerenni 24-D, Tallinn, Estonia) and the responsible attorney (hereinafter the Attorney) mentioned by name in the Client Agreement. An Attorney is a member of the Estonian Bar Association who is either an attorney at law, a senior assistant attorney or an assistant attorney. An attorney at law renders legal services independently. A senior assistant attorney or an assistant attorney renders legal services under the supervision of a patron or supervisor who is an attorney at law. The Attorney has the right to instruct colleagues, attorneys, lawyers and non-lawyers, to assist in the provision of the services. NJORD and the Attorney are responsible for the work performed by non-qualified lawyers and other personnel. However, lawyers working in NJORD who are not members of the Estonian Bar Association do not provide legal services but only assist the Attorney. The activities of such personnel are governed by the same terms and conditions as have been agreed between the parties with regard to attorneys who are members of the Estonian Bar Association.
2. The recipient of legal services is a private individual or a legal person who has entered into a Client Agreement with NJORD or such person to whom NJORD is rendering legal services on other legal grounds (hereinafter the Client).
3. NJORD and the Attorney have the right to represent the Client in all issues related to the engagement, including representation and defence in court, arbitration, pre-trial procedures and elsewhere, drafting necessary documents and otherwise acting in the interests of the Client. It is presumed that the aforesaid representation right is not limited, unless the Client has been specifically informed of limitations in writing. In the event the Attorney or NJORD needs a written Power of Attorney to prove the right of representation, the Client shall sign such Power of Attorney.
4. The Client is responsible for making all relevant information available to NJORD and pointing out matters that may require further consideration. In the event formal deadlines fall within the scope of the engagement, the Client must inform NJORD at least three (3) business days before any such deadline. NJORD and the Attorney provide legal services taking into consideration all information made available to them using all means and methods that are in line with the law and the rules of professional ethics. The services are provided applying due diligence, but it is to be noted that NJORD and the Attorney cannot guarantee a specific outcome of the engagement.
5. After fulfilment of the engagement neither NJORD nor the Attorney are obliged to amend opinions, or redraft documents due to amended legal acts or new court practice or any other circumstance that occurred later.
6. It is assumed that these General Terms and Conditions shall be valid for future engagements provided by the Client and duly accepted by NJORD, except for possible changes in the fee rates and the payment instructions which shall be provided by General Terms and Conditions valid at the time of giving such instructions to NJORD (incl. fees provided in the valid price list).
7. NJORD and the Client will agree the applicable fees for the engagement (time based fee, fixed fee or other) in the Client Agreement. In case no specific agreement is made in a format which can be reproduced in writing, it is assumed that the standard fees of NJORD are applicable, whereas the minimum time unit is six (6) minutes. Fees are paid in money. Estonian VAT will be added according to law. In addition, the Client is obliged to reimburse expenses incurred by NJORD whilst fulfilling the engagement.
8. NJORD has the right to unilaterally amend its standard fees at any time providing the Client reasonable notice. In case the Client does not agree to the amended fees, both parties have the right to terminate the Client Agreement. Amendments to the standard fees do not affect the validity of special agreements made with Client.
9. In the event the Client Agreement provides a fee structure other than the one based on standard fees and the Client is in delay with payment, NJORD has the right to apply the valid standard fees for all or parts of the engagement.
10. In the event the Client demands immediate service, or if information needed for the provision of the services is given less than three (3) business days before a deadline, the standard fee will be multiplied by 1.5. If the Client demands that services are rendered outside normal office hours (Mon-Fri 09.00 – 18.00) the standard fee will be multiplied by 2.
11. NJORD invoices the Client once a month or upon completion of the engagement. The due date for payment is set to twenty-one (21) calendar days from issuing the invoice. Delay interest of 0.2% shall be payable per each day of delay. NJORD has the right to suspend the provision of legal services until full payment.
12. Unless otherwise stated in the Client Agreement, the Client shall pay a deposit to NJORD to secure its payment obligations. The deposit will remain with NJORD and will be deducted from the last invoice. The size of the deposit is provided in the Client Agreement. NJORD will start working on the engagement upon payment of the deposit.
Payment instructions for the deposit:
Receiver: NJORD Advokaadibüroo OÜ, Bank: SEB Pank, Tallinn, Estonia, IBAN: EE651010220049344018, BIC: EEUHEE2X, Explanation: "[Client name] Deposit".
13. The Client may terminate the Client Agreement at any time by written notice.
14. NJORD may terminate the Client Agreement with two weeks prior notice provided that the engagement has been finalised. Additionally, both parties have the right to terminate the Client Agreement upon grounds provided in law. Termination of the Client Agreement does not relieve the Client from the obligation to pay for services rendered before termination.
15. NJORD has the right to terminate the Client Agreement without prior notice if:
15.1. the Client presents forged evidence and the Attorney becomes aware of the forgery;
15.2. the Client demands, regardless of the Attorney explanations, that the Attorney use illegal means or methods to protect the interests of the Client;
15.3. the Client demands that the Attorney should act in violation with the law or the rules of professional ethics;
15.4. the Client is in material or repeated breach of the Client Agreement;
15.5. the Client acts contrary to the Attorney’s instructions or otherwise explicitly expresses his loss of confidence in the Attorney;
15.6. the Client gives the Attorney instructions which harm its interests or are clearly useless for the fulfilment of the engagement and, despite the Attorney`s explanations, the Client persists on following such instructions;
15.7. the Client does not provide documents or information that NJORD needs to fulfil the obligations arising from regulations against money laundering and financing of terrorism, or if the documents and information provided do not eliminate the Attorney’s suspicions that the engagement may be related to money laundering or financing of terrorism.
16. Information received by NJORD while rendering legal services is confidential. The Client may, in a format which can be reproduced in writing, release NJORD from the confidentiality obligation. NJORD has the right to, without separate permission, disclose to third parties (i.e. notaries public, translators, banks and state and municipal authorities) information and documents if this is necessary for the fulfilment of the engagement or if such obligation is stated in law. NJORD and its attorneys are under an obligation to follow the rules on preventing money laundering and financing of terrorism.
17. NJORD and the Attorney are jointly and severally responsible for the direct patrimonial damage wrongfully caused to the Client. The liability is limited to 500.000 EUR unless otherwise agreed in the Client Agreement. NJORD and its employees are not liable for loss of income or non-patrimonial damage.
18. The Client agrees to the use of electronic means of communication via the internet. The Client confirms that he/she is aware of the risks that are associated with the use of e-mails: messages may be lost, confidential and personal information may be altered, stolen or made available to third persons. NJORD cannot be held responsible for damages caused by the realisation of such risks.
19. All disputes arising from the Client Agreement or fulfilment of the engagement are to be solved through amicable negotiations between the parties. If no satisfactory results are achieved through such negotiations, disputes are to be settled by an Estonian court.
20. Estonian law is applicable to the Client Agreement.
21. The Estonian Bar Association Act and the Law of Obligations Act shall apply to matters unregulated in the Client Agreement.
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STANDARD HOURLY FEES (VAT excluded) for 2019
Partner 190-220 EUR
Associate[1]/of counsel 130-170 EUR
Assistant/paralegal 70-120 EUR
[1] An associate is an attorney or lawyer at NJORD who is not a partner. This means that the lawyer has at least a master's degree from law school but could also be a member of the Estonian Bar Association.