These terms and conditions apply to all services provided by the lawyers who make up Perspicere to their clients. Each time a client uses the services of Perspicere it is deemed to be aware of and to accept these terms and conditions without reservation. Any terms and conditions of the Client to the contrary shall only be applicable if expressly accepted by Perspicere in advance and in writing. Unless a more recent version is published or communicated by Perspicere in any form, these terms and conditions shall also apply to all future relations between the parties. Any supplement, modification or waiver must be expressly agreed to in writing by Perspicere in advance.
The relationship between the client and its lawyer is based on trust.
When it comes to the conditions and costs of your lawyer’s services, this principle implies transparency. It is with this in mind that these general terms and conditions are set out. Please do not hesitate to contact your lawyer, who will answer any questions you may have.
The Société à responsabilité limitée (S.R.L.) Stanislas ESKENAZI (hereinafter referred to as ‘the firm’) is a company incorporated under Belgian law in the form of a limited liability company, the object of which is the practice of law.
Legal information.
Pursuant to article III.74 of the Code of Economic Law, the following legal information shall be communicated to the client prior to the provision of services:
Name of the service provider: ‘Perspicere’, Limited Liability Company, represented by its director: Mr Stanislas ESKENAZI, lawyer;
Company number: 0505.686.140 ;
Address of the registered office and law firm: Place Madou, n°8, 1210 Saint-Josse-ten-Noode;
E-mail address and telephone number: se@perspicere.eu – 02/640.55.55 ;
Professional organisation: Ordre des Avocats du Barreau de Bruxelles;
Professional title of members of the firm: Lawyers, subject to the ethical rules laid down by Avocats.be, which can be consulted at https://avocats.be/fr/deontologie ;
Country that granted this professional title: Belgium;
General conditions applicable: this document;
Professional liability insurance: ETHIAS, Rue des Croisiers, 24, 4000 LIEGE (tel.: 04/220.31.11). Worldwide coverage with the exception of the United States of America and Canada;
Assignment and fees: The assignment entrusted to the lawyer and the method of calculating his fees are described in the assignment letter and in these general terms and conditions.
3. These general terms and conditions apply to all services provided by the lawyers who make up the firm (partners, associates or trainees) to their clients.
Each time a client uses the services of the firm, he is deemed to be aware of and to accept these general terms and conditions without reservation. Unless a more recent version is published or communicated by the firm, these general terms and conditions will apply to all future relations between the parties. These general terms and conditions are available at any time on the firm’s website or on request.
4. Mandate and mission.
The firm’s mission is to defend the interests of its clients by providing advice, assistance, negotiation, defence or legal representation. The precise purpose of the assignment will be determined during the meeting with the client.
To carry out the assignments entrusted to it, the firm may freely decide to assign them to one or other of the firm’s lawyers, while respecting the specific nature of the client’s case. The firm may also call on outside lawyers to carry out certain specific tasks. The firm’s involvement implies obligations of means and diligence. These can only be carried out in a spirit of genuine collaboration and insofar as the client provides all the information required to defend his interests in good time.
The firm will act in compliance with the laws, regulations and recommendations to which the legal profession is subject. For its part, the firm undertakes to provide its services within reasonable deadlines. However, it may not be held liable if the client, third parties or force majeure cause it to exceed the deadline.
5. Time limits for performance.
The firm undertakes to perform its services within reasonable deadlines and, where deadlines have been specifically agreed, to make reasonable efforts to meet them.
The firm may not in any event be held liable in the event of delays attributable to the client, to third parties or to force majeure.
6. Right of withdrawal.
(Exclusively applicable to natural persons acting in a private capacity, outside any commercial, industrial, craft or liberal activity)
When the contract is concluded outside the law firm’s usual place of business, the consumer customer has a right of withdrawal of 14 calendar days from the conclusion of the contract. This right may be exercised by sending a registered letter to the attention of the firm stating the exercise of the said right. A model withdrawal form is available at: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf.
If the consumer client wishes the law firm to commence performance of the services immediately, he must expressly request this and thereby acknowledge that he loses his right of withdrawal once the contract has been fully performed. If he makes such a request for immediate performance and then exercises his right of withdrawal before the contract has been fully performed, the firm will invoice the consumer client a pro rata amount for fees and expenses calculated on the basis of the services already performed at the time when he informed the firm of the exercise of his right of withdrawal.
7. Unforeseeable or unforeseen circumstances.
If, after the conclusion of the contract, unforeseeable or unforeseen circumstances arise which make its performance by the firm more difficult or more onerous, the firm is authorised to suspend or adapt its obligations accordingly.
8. Calculation of fees.
The lawyer’s fees cover his intellectual services, such as the study of documents, consultations, meetings, drafting of correspondence, opinions, procedural documents, court time, pleadings, representations, telephone interviews, etc., as well as part of the fixed costs of his activity, i.e. real estate infrastructure, equipment, library, administrative staff, etc.
Lawyers are free to set their fees, with due moderation, taking into account a number of factors, such as the importance or complexity of the dispute, the degree of urgency of the services required, the client’s situation, their specialisation and experience.
Several methods of fixing fees may be used, depending on the type of assignment entrusted to the lawyer. The method chosen is agreed when the case is opened.
Unless otherwise agreed, the default method is to apply an hourly rate.
The hourly rate: The time spent by the lawyer on the assignment is precisely recorded and billed at the hourly rate announced when the case is opened.
The basic hourly rates, applicable by default, are as follows:
For an associate ………………………………………………………………….. from €140
For an associate lawyer ………………………………………………………………………………. from €250
The basic hourly rate may, however, be increased by a maximum of 100%, in particular for duties performed on an urgent basis, for services requiring expertise in a specialised field, on account of the difficulties encountered, the responsibilities to be assumed by the lawyer or the exceptional results obtained. This basic rate may be reduced, in exceptional circumstances, according to criteria to be assessed by the lawyer in charge of the case.
Flat-rate fee: When the services involved in a case can be estimated with sufficient precision from the outset (drafting or amending company articles of association, certain contracts, simple criminal defence, etc.), we can agree a flat-rate fee with you.
The success fee: It may be agreed that the fees calculated according to one of the methods described above will be increased by a premium of a specified amount, depending on the result obtained and the interest of this result for the client. The principle of the ‘success fee’, the method of calculating the premium and the conditions for granting it are determined by mutual agreement with you, either when the file is opened or at a later date.
9. Calculation of fees
The firm’s fees
Opening the file: €250 excluding VAT;
Travel outside Brussels: €1 per km;
Closing the case: €250 excluding VAT;
Legal fees and disbursements
Court fees, such as bailiff’s fees, court registry fees, costs of civil status documents, costs of external photocopies, etc. are billed at cost.
The use of a third party account is invoiced at €100 per month, exclusive of VAT.
The costs of expert appraisals or other services are to be paid directly by the customer to the expert.
10. V.A.T.
Since 1 January 2014, lawyers have been subject to VAT. All amounts mentioned above will be increased by VAT at the rate of 21%.
11. Provisions and payments.
In the interests of transparency and to enable the client to monitor the evolution of the cost of his lawyer’s services, provisions for costs and fees will be requested on a regular basis. These will cover, as far as possible, the costs and fees already incurred or to be incurred by the lawyer in the immediate future.
The firm’s activity is essentially based on intellectual and administrative services, for which payment is required on a monthly basis. We are obliged to pay our suppliers and employees immediately. For this reason, our requests for advances and statements of fees are also payable in cash. Any invoice not paid by the due date shall automatically bear interest on arrears calculated at the annual rate of 12%, together with a fixed penalty representing 10% of the unpaid balance.
Any delay in the payment of invoices shall entitle the firm to suspend the performance of its assignments until the situation has been regularised. If the client’s omission persists, the firm may terminate its services.
12. Legal assistance.
The client acknowledges that he/she has been informed of the conditions of legal aid (PRO DEO), and that he/she may contact the Legal Aid Office to find out whether he/she is eligible for legal aid. He/she is informed that the firm does not provide legal aid and, by entrusting his/her case to the firm, waives the right to legal aid.
13. Out-of-court settlement of consumer disputes.
The Avocats.be Ombudsman service is responsible for attempting to resolve disputes between lawyers and their clients outside the intervention of a Court.
Any complaint may be addressed to the Avocats.be Ombudsman service by visiting the homepage | Ombudsman.
14. Liability, insurance and guarantee.
The contractual and extra-contractual liability of the firm, as well as that of all lawyers working within the firm or on its behalf, for any material or immaterial damage (such as moral damage, loss of clientele, production, time, data, commercial opportunities, etc.) caused to the client, is limited to the amount of the guarantee provided by the firm’s professional civil liability insurer (the amount applicable on a case-by-case basis being communicated by the firm to the client at the client’s first request).
The professional civil liability of lawyers working for the firm and registered with a bar in Belgium is covered by a collective insurance policy taken out by the Ordre des Barreaux Francophones et Germanophones (O.B.F.G.) or the Orde van Vlaamse Balies (O.V.B.).
As far as the O.B.F.G. is concerned, its lawyers are insured with Ethias Assurance (a mutual insurance association approved under number 0165, whose registered office is at rue des Croisiers, 24, 4000 Liège).
These policies cover the firm’s activities throughout the world, excluding claims brought against the insured in the United States or Canada, or under the laws or jurisdiction of the United States or Canada, up to a limit of €2,500,000.
The client guarantees the firm, the lawyers working within the firm or on behalf of the firm, against any recourse by a third party which may be brought as a result of the firm carrying out an assignment on behalf of the client, except in the event of fault on the part of the firm.
15. Professional secrecy.
The lawyers and staff of the firm are bound by professional secrecy. All correspondence, opinions, procedural writings and other documents are forwarded to the client on condition that the client respects confidentiality. The client may not pass on the content to third parties without the express prior written consent of the firm.
16. Intellectual property rights.
The advice, opinions, writings, etc. issued by the firm are protected by intellectual property rights and may only be used or reproduced with the express prior written consent of the firm. They are specific to a client and a given situation and cannot be transposed to other situations or other people without a new analysis by the firm.
17. Processing of personal data.
The data collected is used by the firm in accordance with the firm’s personal data processing policy and with European and national data protection laws applicable in Belgium. This data processing policy is available on request.
By commissioning the firm, the client declares that he has read and understood the firm’s personal data processing policy. He declares that he has had sufficient time to consider entrusting his personal data to his lawyer for the handling of his case. He consents to the processing of his personal data for the purposes set out in the firm’s personal data processing policy, under the conditions set out in the firm’s personal data processing policy and to the fact that members of the firm may have access to it when necessary for the processing of the case, and that his data may be exchanged with other lawyers and players in the legal world in Belgium and the EU, for the processing of the case.
His consent is valid for as long as the client uses the services of his lawyer.
18. Prevention of money laundering and terrorist financing.
Lawyers shall comply with their legal obligations regarding the identification of clients or their principals. The client or principal undertakes to spontaneously provide all documents enabling their identity to be established and authorises the lawyer to take copies thereof.
The obligations of the lawyer and the client derive more specifically from the provisions of the law of 18 September 2017 on the prevention of money laundering and terrorist financing and the restriction of the use of cash. The information that must be provided by the client varies depending on whether the client is a natural person, a legal person, or a proxy. The client must inform the lawyer as soon as possible and without delay of any change in his situation and provide proof of such change.
When the nature of the case (assistance to the client in the preparation or execution of transactions such as the purchase or sale of real estate or commercial enterprises; management of securities funds or other assets belonging to the client or his principal; opening or management of bank, savings or portfolio accounts; organisation of contributions necessary for the constitution, management or direction of companies ; constitution, management or direction of trusts, companies or similar structures or interventions in the name and on behalf of the customer in all financial and real estate transactions) or when the particular situations provided for by the aforementioned law (country of origin, identification difficulties unusual relationship between the client and the lawyer or the nature of the transactions, public figure or similar) impose a heightened obligation of vigilance on the lawyer, the client undertakes to answer any question from the lawyer enabling him to comply with his legal obligations in terms of the fight against money laundering and the financing of terrorism.
When the lawyer assists the client in his legal defence or when he provides legal advice or assesses the client’s legal situation, he is bound by strict professional secrecy.
By law, lawyers must inform the President of the Bar whenever they become aware of facts that they suspect to be related to money laundering or terrorist financing, outside the scope of their legal representation or legal advice. The President of the Bar, who is the guarantor of professional secrecy, will, if necessary, forward the suspicious transaction report to the Financial Information Processing Unit (C.T.I.F.).
19. Archiving.
When the file is closed, the original documents in the file are returned to the client by registered post. The firm keeps the file archives for a period of 5 years from the date on which the file is closed. For files subject to the Act of 18 September 2017 on the prevention of money laundering and terrorist financing, the archive retention period is extended to 10 years.
20. Modification of the general terms and conditions.
The Firm reserves the right to periodically review and, if necessary, amend these General Terms and Conditions at any time. Amendments and additions to the general terms and conditions will be communicated to the client by posting on the platform.
The said amendments and additions come into force as soon as they are posted on the platform for all new service requests. Previous service requests are governed by the version of the general terms and conditions in force at the time of the service request in question.
21. Invalidity.
In the event that one of the clauses of these general terms and conditions, or part of them, is declared null and void or unenforceable, all the other clauses will remain in force.
22. Applicable law and jurisdiction.
These general terms and conditions and the agreement between the firm and its client are governed exclusively by Belgian law. In the event of a dispute, only the Courts of the judicial district of Brussels shall have jurisdiction.3