1. Van Dijk Van Schijndel Menheere Scholtes, is a Dutch Partnership, based in The Hague, of private limited liability companies (Praktijkvennootschap [practice in the form of a company] as described in the By-law on Praktijkrechtspersoon (practice in the form of a Legal Person) and/or natural persons who are practising  lawyers and solicitors. A list of partners is available upon request.

2. All assignments regarding legal assistance are considered to be given to and accepted by the lawyer concerned, who thereby acts as representative of the Praktijkvennootschap, unless the practice is not exercised within such a Praktijkvennootschap, in which case the assignment will be accepted by the lawyer as a natural person. The lawyer will carry out the assignment in person with the understanding that part of the work can be carried out by another colleague within the Partnership under the responsibility of the lawyer. The effect of Articles 7:404 and 7:407 paragraph 2 Dutch Civil Code is excluded.

The lawyer has the obligation to give his best effort while carrying out the assignment, but cannot and does not guarantee any outcome.

The client will receive a copy of all documents bearing on the case. However, the client will not always receive a draft of these document in advance.  

3. Unless otherwise agreed, the fee will be calculated on the basis of the number of hours worked, multiplied by the hourly rate as determined by the Partnership, There will also be a surcharge for office expenses and any taxes due. The hourly rate can vary amongst lawyers. The variation is dependent on the level of experience and specialist knowledge of a given lawyer. If the assignment is ended prematurely, a final fee note will be sent, which will be based on the hours spent on the file.  

4. If, despite repeated reminders,  a fee note is not paid within two weeks of its due date, the lawyer can suspend his work after informing the client in writing. The Partnership and/or the lawyer involved is not liable for damages that may occur as a result of the suspension of work on this ground.

If the fee note is not paid on time, all reasonable expenses, all (extra) judicial (collection) costs will charged to the client’s account.

5. Monies the Partnership or lawyer receives on behalf of the client, will be paid into the bank account of the Stichting Beheer Derdengelden (Client Monies Foundation). Unless otherwise agreed, no interest on client monies will be paid. The client agrees that monies received on his behalf will be set off against outstanding fee notes. 

6. The Partnership has taken out professional liability insurance on behalf of its lawyers, in accordance with the By-law on Professional Liability adopted by the Nederlandse Orde van Advocaten (Dutch Bar).

The liability of the Partnership or a given lawyer is limited to the amount paid out in the case in question by the professional liability insurance of the Partnership, increased with the policy excess which according to the policy conditions is not for the account of the insurer. 

7.  The client indemnifies the Partnership and the lawyer against claims by third parties in any way connected with the work for the client, unless the claim arises as a result from gross negligence or intent. This includes all reasonable costs for legal aid. 

8.  The lawyer is entitled to call in third parties for the execution of an assignment. The lawyer is not liable for any potential shortcomings of such third parties. The lawyer can accept possible limited liability of these third parties (also) on behalf of the client.

9. The lawyer may invoke his right of non-disclosure and pledge of secrecy regardless of the opinion the client has on the matter.  

10. The Partnership has an internal complaints procedure which clients can receive on request.  

11. Except when the law or specific professional rules state otherwise, the original documents will, if desired, be given to the client after the assignment has been completed. The file will be kept for at least five years, after which it will be destroyed. The client releases the Partnership or lawyer of the duty to store documents for a longer period of time. 

12. The relationship between the client and the Partnership is governed by Dutch law. Disputes will only be tried by an authorised Dutch judge. 

13. These general conditions also apply for the benefit of all partners in the Partnership and for all those who work or have worked in or on behalf of the company, including their heirs. 

For the convenience of foreign clients these General Terms and Conditions have been translated from Dutch to English. The Dutch text will be binding in case of difference of opinion about the content and/or purport of these General Terms and Conditions