Priit Palmiste Attorneys at Law provides legal services for the following standard terms. Standard term is a contract term which is drafted in advance for use in standard contracts or which the parties have not negotiated individually for some other reason, and which the party supplying the term uses with regard to the other party who is therefore not able to influence the content of the term. Standard terms are part of a contract if the party supplying the standard terms clearly refers to them as part of the contract before entering into the contract or while entering into the contract and the other party has the opportunity to examine their contents. Standard terms are part of a contract regardless scope of the terms, the manner in which the condition is reflected and format of a contract.
1. The object of the contract is to provide legal service according to Bar Association Act § 40 (hereafter the Assignment). The Law Firm provides legal services to the client according to the client`s order. The client shall forward an order orally, by e-mail or in another comprehensible way. The advocate's law office accepts orders orally, by e-mail or by performing obligations.
2. The advocate's law office performs the Assignment by law office attorneys. The advocate's law office and attorneys are authorized to represent the client due to this Assignment in all disputes, negotiations and proceedings, as well as out of court, in arbitration courts and in the courts of the Republic of Estonia, and as well as in front of every institutions and parties. The advocate's law office attorneys have capacity according to the Estonian Code of Civil Procedure § 222 (1); Law of Criminal Procedure § 47 (1); Code of Misdemeanour Procedure § 21; Administrative Procedure Act § 13 (1) and Code of Administrative Court Procedure § 14 (5). There are no restrictions of the authorization, unless the client gives a written notice about it.
3. The Assignment is performed by the advocate's law office attorneys. Legal services is provided by attorney at law Priit Palmiste, attorney Marko Tamman or attorney Stig Hendrikson or attorney Katri Bagirov or attorney Madis Piirla who are supervised by attorney of law Priit Palmiste. The advocate's law office has the right to decide at its own discretion the advocate's law office work distribution and work organisation when performing the Assignment.
4. The advocate's law office is obligated to use all legal ways and methods in accordance with legislation and to report to the client about the progress and relevant circumstances of the Assignment. The advocate's law office is obligated to perform the Assignment in most beneficial way, considering the client`s wishes, interests, needs and professional ethics demands. The advocate's law office operates within the client`s instructions. An attorney is not required to verify the accuracy of the information entrusted to him by the client. An attorney cannot be held responsible by the client for the authenticity of the data submitted. Attorneys do not guarantee the achievement of the desired result(s).
5. The client is obligated to give the advocate's law office necessary information for the Assignment and hand over any relevant evidence in his/her possession. The given information must be exhaustive and accurate for the Assignment. The advocate's law office is not responsible for any kind of damage due to non- exhaustive and incorrect information or evidence submitted by the client. The client is obligated to cooperate with the law office to complete the Assignment and to immediately notify the law office of all relevant matters relating the Assignment, if necessary, issue a power of attorney for an attorney and to pay for the legal service in accordance with the contract.
6. The client shall pay the advocate's law office for completion of the Assignment the fee in accordance with the law office’s rates. The calculation is based on a working hour (time rate), unless the parties agree otherwise. The law office has the right to unilaterally change the rates by giving the client an advanced notice of 30 days. The calculation of the fee is given by the law office.
7. The client shall pay the advocate's law office for representing or advising the client in monetarily appraisable disputes in courts or out of courts 10% of the amount which the client`s claims were satisfied and/or of financial claims against the client which were dismissed or not recovered. The VAT will be added to the sum.
8. The client is in addition to previously referred legal services charged with direct costs (copies, translations, state fees, bails, purchases services and other directs costs). Travel expenses, which are related to the Assignment outside the law office shall be paid by the client on demand of the law office and in accordance with the law offices expenditure records. Travel expenses in Estonia are 0.3 EUR per kilometre, plus VAT.
9. Payment of fees and direct costs shall be paid by invoice. The client is obligated to pay the invoice in 7 days starting from the working day next to the day when receiving the invoice, to the advocate's law office`s account no EE272200221049410977 (Swedbank AS), unless otherwise agreed. The client shall inform the advocate's law office in 7 days if disagreeing with the invoice or the invoice is considered accepted. The invoice is considered paid when the amount has reached the law offices bank account due date. The law office is entitled to claim a fine of 0.1 % per day from the unpaid sum when the payment is delayed. The advocate's law office is entitled to require from the client an advanced payment for the Assignment when the invoice in not paid due date. In the case of arrears more than 30 days the law office has the extraordinary cancellation right regardless of the Assignment status and to claim a contractual penalty of 25 % of the sum obliged. Contractual penalty shall not deprive of the right to claim compensation for damage caused by a delay or a penalty for late payment.
10. The client has the right with the consent of the attorney’s law office to deposit money on the law office`s bank account, that shall be paid by or to a third party. The fee for depositing money is 0.1% of the amount deposited, unless the parties agree otherwise. In addition to the deposit fee the client shall compensate to the law office the cost occurred transferring or withdrawing the amount deposited, if not agreed otherwise. The law office has the right to debit all amounts owed by the client from the deposited sum.
11. The advocate's law office and the attorneys shall act in the best interest of the clients and must put those interests before his own interests or those of third parties, including the interests of fellow members of the legal profession. The law office and the attorneys shall not advise, represent or act on behalf of two or more clients in the same matter if there is a conflict between the interests of those clients. Competition between clients with other corporations or persons are not conflict of interest within this contract.
12. The content of this contract and the information connected to it is confidential and its disclosure to third parties is allowed only in cases provided expressis verbis by law, or consent of the other party. The advocate's law office has the right to cooperate with specialists and experts outside the law office and to disclose them information given to the law office, if necessary, except if the client has expressed otherwise in a written statement. The law office has the right to publish the name of the client, the content of the Assignment and the result of the Assignment on the law office`s website, except if the client has expressed otherwise in a written 3 (3) statement. The law office shall return the original documents to the client on the clients request and the law office has not right of retention.
13. The advocate's law office has the right to divest monetary claim against the client to a third party if the client has not paid the claim due date in 14 days. In such case, it shall be deemed that the client has given its consent to disclose the content of confidential information regarding this contract to third parties.
14. Advocate's law office and attorneys performing the Assignment are responsible for wrongfully caused direct material damages in accordance with law, thereat the advocate's law office neither the attorneys are responsible for loss of profit and non-patrimonial damage. The extent of liability is limited to the amount paid or payable for the Assignment by the client, but not more than 5,000 euros. The client shall file the claim for damages in 14 days from the day the client should have become or becomes aware of the circumstances substantiating the claim, but not later than 30 days after the operation took place the claim is based on.
15. All contractual differences shall be resolved through negotiation. In the case of failing agreement, the dispute shall be resolved under the laws of Estonia in Harju County Court.
16. The contract comes into force when the attorney’s law office confirms the order of the client. The contract remains in force until the Assignment is completed. The law office has the right to change the terms of the contract considering regulation about amendment of standard terms in the Law of Obligations Act. Authorisation agreement regulation shall apply in unregulated subjects in the contract, taking into account the specifications of the Bar Association Act.
17. The parties of the contract have the right to cancel the contract in any time with written notice. The attorney’s law office has the right to cancel the contract when circumstances occur for which it is not reasonable to require to provide the legal service, including conflict of interests, suspicion in money laundering, non-payment of a fee, not giving instructions or the instructions are against the law or are not possible to implement.
18. All notices and invoices under the contract shall be forwarded to the other party by mail or e- mail, which are given in the contract. A notice or invoice is considered to have reached the party on the third day after sending.