Moussa Barhmouni, lawyer. Terms applicable to every engagement entrusted to the firm. The French version prevails in case of discrepancy.
1.1. These terms govern all engagements entrusted to Moussa Barhmouni (hereinafter “the lawyer”). They are drawn up in accordance with Articles III.74 et seq. of the Belgian Code of Economic Law and the AVOCATS.BE professional rules on informing clients about fees, costs and disbursements.
1.2. They are provided to the client before the engagement begins and are attached to the fee agreement. By signing that agreement, the client confirms having read and accepted them. Where the fee agreement contains a different provision, that provision prevails.
3.1. Before accepting an engagement, the lawyer checks that no conflict of interest stands in the way. The client informs the lawyer without delay of any such situation of which the client is aware, whether actual or merely potential.
3.2. Where the engagement falls within the scope of the Belgian Act of 18 September 2017 on the prevention of money laundering and terrorist financing, the client provides the documents needed to identify the client, its representatives and, where applicable, its beneficial owners. If this information is not provided, the lawyer can neither accept nor continue the engagement.
3.3. The client forwards to the lawyer without delay any summons, formal notice, decision or document likely to affect the matter. The consequences of late or omitted transmission remain the client's responsibility.
4.1. Fees are set out in a written agreement concluded before any work begins. It provides for one of the following arrangements: a fixed fee for an engagement of defined scope, a retainer for ongoing support, or an hourly rate for one-off matters. The chosen arrangement may only be changed during the engagement with the client's written consent.
4.2. Where work is billed on a time basis, time is recorded in fifteen-minute units, with each intervention giving rise to at least one unit. The rate agreed when the file is opened applies until the end of the engagement; it is, however, adjusted every 1 January in line with the Belgian health index.
4.3. Unless urgency is accepted in writing, work begins once the agreement has been signed and the requested advance has been paid. Additional advances and interim statements may be sent to the client during the engagement.
4.4. The parties may agree in writing on an additional fee reflecting the outcome achieved, on top of the base fee. Article 446ter of the Belgian Judicial Code, however, prohibits any agreement making fees dependent solely on the outcome of the dispute.
5.1. Administrative costs are invoiced as set out in the fee agreement.
5.2. Bailiffs' fees and costs and expert fees are, in principle, paid directly by the client. The lawyer may advance other disbursements, in particular court and administrative costs; the client reimburses them on first request. Disbursements and official taxes are re-invoiced at their actual cost.
6.1. Amounts are stated exclusive of VAT. VAT at 21% is added, save as otherwise provided by the Belgian VAT Code.
6.2. Invoices are issued in the name of the natural or legal person who entrusted the engagement and on whose behalf the lawyer acts, as identified when the file is opened. Where several persons jointly entrusted the same engagement, they are jointly and severally liable.
6.3. Invoices are payable within fifteen days of being sent, by bank transfer only to the business account stated in Article 2. Cash payments are not accepted.
6.4. Clients wishing to comment on an invoice are invited to do so in writing within fifteen days of receipt, so that it can be reviewed promptly.
6.5. Where the client does not act as a consumer, any amount unpaid when due automatically bears interest, without prior formal notice, at the rate set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. A fixed indemnity of EUR 40 is added, the lawyer retaining the right to claim reasonable compensation for recovery costs exceeding that amount.
6.6. Where non-payment persists, the lawyer may, after notifying the client, suspend work. The lawyer then ensures that suspension does not occur at a time when it would harm the client's interests.
7.1. Unless instructed otherwise, the lawyer communicates with the client by email and through standard document-sharing tools. The client accepts the risks inherent in these means of communication and informs the lawyer of any address or channel that must not be used.
7.2. The lawyer is bound by professional secrecy under Article 458 of the Belgian Criminal Code. Opinions, correspondence and documents drafted by the lawyer are intended solely for the client and the matter for which they were prepared. They remain protected by the lawyer's copyright and may not be passed on to third parties or reused for other purposes without the lawyer's prior written consent.
8.1. The lawyer's liability in connection with the engagement may not exceed the amount covered by the professional liability insurance described in Article 2, namely EUR 2,500,000 per claim. This limit continues to apply after the engagement ends.
8.2. This limit does not apply in case of fraud or intentional misconduct. Towards a consumer client, it also does not apply in case of gross negligence or failure to perform the main service.
9.1. The lawyer processes, as data controller, the personal data of the client and of third parties involved in the matter. This data is used to perform the engagement, comply with the lawyer's legal and professional obligations, in particular regarding anti-money laundering, and manage the firm's administration and accounts. It is kept for as long as necessary for these purposes, plus the applicable limitation periods.
9.2. Clients may access their data, request its rectification or erasure, restrict its processing, object to it or request its portability by writing to m.barhmouni@wassitlaw.be, within the limits imposed by professional secrecy. They may also lodge a complaint with the Belgian Data Protection Authority, rue de la Presse 35, 1000 Brussels (www.dataprotectionauthority.be).
10.1. Five years after the engagement ends, the lawyer is no longer required to keep the documents in the file.
11.1. The engagement is based on a relationship of personal trust. The client may end it at any time without giving reasons.
11.2. The lawyer may also end it, doing so in a way that does not compromise the client's defence and leaves the client sufficient time to make the necessary arrangements.
11.3. In either case, work performed and costs incurred up to the end of the engagement remain payable.
These terms are governed by Belgian law. Any dispute concerning their interpretation or performance falls within the jurisdiction of the Belgian courts.