In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.
Last updated on Wednesday, November 17, 2021.
- These general terms and conditions apply to all services of Weening Criminal Law Attorneys B.V., hereinafter referred to as: the firm.
- All assignments are, with the exclusion of Article 7:404 of the Dutch Civil Code, exclusively accepted and executed by the firm, even if it is the express or implied intention that an assignment will be carried out by a specific person.
- Contrary to Art. 7: 408 paragraph 2 of the Dutch Civil Code, the firm is entitled to terminate an assignment at any time, in compliance with the Rules of Conduct for Lawyers, without becoming liable for damages. These general terms and conditions are for the benefit of those who work for the partnership.
- Any liability of the firm is limited to the amount paid out in the relevant case under the professional liability insurance taken out by the firm.
- The client indemnifies the firm against all claims by third parties (including witnesses and experts), including the costs to be incurred by the firm in connection therewith, which are in any way related to the work performed for the client. When engaging third parties, the firm will, if reasonably possible, consult with the client in advance, and in any case exercise due care in the selection of third parties. The firm is not liable for shortcomings of these third parties. The client agrees that the firm accepts liability-limiting provisions.
- Upon termination of the work for the client, the firm will return as many documents originating from this client and any judicial documents by regular mail as possible and archive the file. The firm reserves the right to destroy archived files five years after archiving, in compliance with the applicable regulations.
- In compliance with the Regulation on publicity of the Netherlands Bar Association, the firm is free to cooperate in publicity about a case without further consultation, while respecting the client’s privacy, in the context of representing interests. This freedom also exists after the case has been concluded, provided that this takes place in consultation with the client as much as possible. Insofar as cooperation is given to publicity without this taking place in the context of representing interests, the firm is free to do so as long as the client’s interests are not harmed.
- The firm is free, if necessary, to arrange mutual replacement options for appearing in court.
- Complaints from the client must first be handled through the internal complaint procedure of Weening Criminal Law Attorneys B.V., as described in Article 5 of the complaint regulations of Weening Criminal Law Attorneys. These complaint regulations can be found here. Complaints as referred to in Article 1 of these office complaint regulations that have not been resolved after treatment will be submitted to the Limburg Court, Maastricht location, subject to mandatory provisions regarding jurisdiction. If the complainant believes that a lawyer from Weening Criminal Law Attorneys B.V. acts or has acted in violation of the Rules of Conduct applicable to lawyers, the complainant can, if the process described in Article 5 of the complaint regulations does not lead to a solution, submit the complaint to the competent Dean of the Bar Association.
- The legal relationship between the firm and its clients is governed by Dutch law. Only the Dutch courts will have jurisdiction to hear any dispute that may arise between the firm and a client.
- These general terms and conditions also apply to additional assignments and follow-up assignments from the client.
