GENERAL CONDITIONS
- Scope of application
1.1 These General Conditions apply to the legal services provided by Rodrigues Bastos, Magalhães e Silva & Associados – Sociedade de Advogados, S.P., R.L.
(“RBMS”), registered with the Portuguese Bar Association under no. 52/2002, to its clients, from the 1st of January of 2024 onwards, in everything not specifically provided for, without prejudice to what has been specially regulated between the parties.
1.2 The terms and conditions herein may be waived or modified by written agreement of the parties.
1.3 These General Conditions shall also apply in lieu of any written agreements concluded between RBMS and its clients, in all matters not expressly provided for or otherwise regulated in such agreements.
1.4. The Terms and Conditions may be updated. - The Company
2.1 RBMS is a law firm in the form of a partnership of professionals with limited liability.
2.2 RBMS was incorporated under Law No. 145/2015, of 9 September, and is subject to the applicable legal regime.
2.3 In Portugal, RBMS has offices in Lisbon, Oporto and Faro.
2.4 Internationally, RBMS is a member of the LNA – Legal Netlink Alliance and ECOVIS. The Legal Netlink Alliance is a global alliance of independent, carefully selected, medium-sized, general practice law firms. ECOVIS is a global consulting firm with representation in more than 90 countries in all continents.
2.5. RBMS has 12 lawyers as partners, who carry out their professional activities with the assistance of other lawyers and associates who are not partners. - Services offered
3.1. RBMS is active in all areas of law, with an emphasis on specialization, and provides a full range of legal services.
3.2 Non-legal services such as accounting, management, non-legal auditing, financial, economic and non-legal consultancy services are excluded from the services provided by RBMS.
3.3 RBMS will provide its services in accordance with high standards of quality and efficiency, in accordance with the ethical principles of integrity and compliance with the Rules of Professional Conduct for Lawyers and at all times with the competence and diligence normally required to fully satisfy the Client’s expectations. - Personnel
4.1. The RBMS team consists of lawyers, trainee lawyers, consultants and administrative staff.
4.2 Each practice area is headed by one or more partners who lead a team of lawyers selected for their degree of specialisation and legal ability.
4.3 The provision of services to each client is coordinated by one partner for each matter, allowing for a personal and close relationship. This partner manages the various lawyers assigned to the client’s team and supervises the technical quality control of the work carried out by RBMS lawyers.
4.4 The administrative team that supports the lawyers is appropriately trained to provide legal services and is bound by the same principles of confidentiality and ethics as the lawyers.
4.5. RBMS invests in the ongoing personal and professional development of its team members in order to equip them with the appropriate tools and knowledge to provide the legal services required by each client.
4.6. RBMS may engage third parties to assist in the provision of services to the client and will ensure that they meet the appropriate requirements for the intended purpose. - Charges
5.1 Our fees are calculated in accordance with the provisions of the Statutes of the Portuguese Bar Association. The basic criterion is the time taken to provide the service, taking into account the complexity of the matter and the seniority and specialisation of the lawyers involved. The contribution of RBMS to the results obtained by the client may also be taken into account.
5.2 Day-to-day expenses, including postage, telephones, faxes and other administrative costs will be charged at 1% of the value of each invoice issued. Travel and accommodation expenses will be charged at the price of the respective documented cost, and in the case of car journeys, kms will be charged at the rate of €0.48 per km, if no other amount is specifically provided for. Any other disbursements made on behalf of the client will be charged separately at the documented cost rate.
5.3 As a general rule, fees and disbursements will be invoiced on a regular basis or when their value justifies it, without prejudice to the possibility of agreeing with the client on specific invoicing intervals.
5.4 Invoices shall be accompanied by a description (summary) of all work performed.
5.5 Clients may be required to make an advance payment to cover any legal costs and/or expenses incurred in the provision of the agreed services.
5.6. The value of any undocumented fees and expenses does not include VAT, and any taxes and levies due by law will be added to the relevant value.
5.7 Invoices issued by RBMS are payable within 30 days of issue.
5.8 If invoices are not paid when due, RBMS reserves the right to charge interest on late payment at the applicable statutory rate.
5.9 The amount of the agreed fees is subject to automatic updating on 1 January of each calendar year based on the Consumer Price Index published by the National Statistics Institute. - Information Archiving and Privacy
6.1 RBMS ensures strict compliance with the GDPR in relation to the data it may have access to as a result of providing services to its clients.
6.2 RBMS provides its customers with its personal data protection policy.
6.3 RBMS maintains a complete file on each client and their matter which is protected by computer systems and made available to the lawyers involved in the case.
6.4 Each client file will be retained for a period of 5 years after the termination of legal services.
6.5 Unless expressly requested otherwise by the client, all client records will be securely destroyed by licensed shredding companies. - Intellectual Property Rights
7.1 RBMS is the sole and legitimate owner of all intellectual property rights in databases, documents, ideas and other products, whether or not they can be registered, created by its lawyers and staff in the course of providing services to its clients.
7.2 Documents, reports, opinions, publications, texts or information of any kind prepared by RBMS may only be used by the client for the purposes for which they are intended.
7.3 The reproduction, dissemination and/or distribution of part or all of the content of any information produced by RBMS, whether on paper, electronically or otherwise, is expressly prohibited without prior consent.
7.4 The use by third parties of any content produced by RBMS does not create an attorney-client or other professional relationship between the user and RBMS.
7.5 RBMS accepts no responsibility for any unauthorised third party’s use or reliance on information produced for others. - Termination of Services
8.1. Either party may terminate the agreement for the provision of legal services on not less than 60 days’ notice in the case of services provided on a retainer basis or at any time in other cases by giving written notice to the other party.
8.2 In the event of termination of the legal services agreement, RBMS shall be entitled to receive the fees for services rendered to the client up to the effective date of termination and to be reimbursed for all expenses incurred up to that date. - Liability
9.1 RBMS shall be liable for any loss or damage caused to its clients by the actions of its team members unless such loss or damage (i) does not arise directly from its activity of providing legal services; and/or (ii) arises, even indirectly, from a delay by the client in providing any requested cooperation or from the incomplete or incorrect provision of such cooperation; and/or (iii) arises from information, documents or items which are forged, inaccurate, incomplete or misleading.
9.2 RBMS’s contractual and non-contractual liability for damages shall be limited to the maximum amount covered by RBMS’s professional indemnity insurance or the total fees paid by the client to RBMS (excluding VAT), whichever is the lower.
9.3 RBMS’s liability must be claimed in writing by the client within a maximum period of 1 (one) year from the date of the occurrence of the loss or damage giving rise to RBMS’s liability, failing which RBMS’s liability shall be deemed to have expired.
9.4 RBMS may not be held liable more than once in respect of the same matter, fact or circumstance giving rise to liability. - Applicable law and jurisdiction
10.1 The agreement between the client and RBMS shall be governed by Portuguese law.
10.2 Any dispute arising from the interpretation or performance of the Agreement shall be subject to the exclusive jurisdiction of the Lisbon Court and the jurisdiction of any other court is expressly waived.
In case of doubt, please contact the partner responsible for your matter.