Sørensen Lawyers is a cooperative alliance of independently operating law practice entities (private limited liability companies) of individual lawyers. Sørensen Lawyers is established in Rotterdam, the Netherlands.
The practice entities affiliated with the alliance provide their services solely for their own account and risk. The legal services of each affiliated entity are governed exclusively by the general terms and conditions applied by that respective entity. Only lawyers who are (direct or indirect) shareholders in these practice entities may be referred to as “partners” of the Sørensen Lawyers alliance. They act exclusively for the account and risk of their respective practice entity and do not together form a partnership (maatschap) or general partnership (vennootschap onder firma).
Scope of Application
These General Terms and Conditions apply to all engagements (including any supplementary and follow-up assignments) performed or to be performed by Sørensen Lawyers (Chamber of Commerce no. 24379615, also trading as Manhattan aan de Maas B.V.) on behalf of the Client, insofar as matters accepted by Sørensen Lawyers are handled by or under the responsibility of lawyers Yvonne Sørensen, Karlijn Kapel, and/or Martina Benard.
The applicability of the Client’s own general terms and conditions is expressly excluded.
Regardless of any intention of the Client and regardless of any agreement between the Client and an individual associated with Sørensen Lawyers regarding the performance of a particular assignment, all assignments are accepted and carried out exclusively by the private limited company (B.V.) of the lawyer concerned. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is excluded.
Use of Third Parties
Sørensen Lawyers is entitled, at its discretion, to engage third parties (“Auxiliary Persons”) where such engagement is beneficial to the proper execution of the assignment. Any costs related to the engagement of such third parties will be charged to the Client.
Sørensen Lawyers (and its lawyers) shall not be liable for any act or omission of such third parties engaged in the execution of the assignment.
Limitation of Liability
The liability of Sørensen Lawyers is limited to the amount that is paid out under the professional liability insurance of the private limited company (B.V.) of the lawyer concerned, increased by the deductible (own risk) applicable under the policy. The maximum coverage is EUR 1,000,000.
If, for any reason, no payment is made under the insurance referred to above, the total liability of Sørensen Lawyers shall be limited to the amount of fees invoiced in the matter from which the liability arises.
Any claim for liability against Sørensen Lawyers will lapse two years after the Client became reasonably aware of the potential ground for liability, or — if earlier — two years after termination of the engagement. Upon request, the Client may inspect the relevant insurance policy at the offices of Sørensen Lawyers.
Indemnification
The Client shall indemnify and hold harmless Sørensen Lawyers, as well as all natural and legal persons directly or indirectly affiliated with Sørensen Lawyers, from and against any and all third-party claims that are directly or indirectly connected with or arise from the services performed by Sørensen Lawyers for the Client.
All costs incurred by Sørensen Lawyers in relation to such claims shall be reimbursed by the Client.
Fees, Retainers, and Payment Terms
For individual (private) clients, an advance payment (retainer) will be required before any work commences. In addition to the agreed hourly rate, the Client will be charged for disbursements and VAT, as itemized on the invoice.
Any retainers paid by the Client may, at any time, be set off against outstanding invoices. Remaining retainers will be reconciled in the final invoice. Any balance in favor of the Client will be refunded.
Invoices are payable within 14 days. If payment is not received within that term, the Client will be in default without any further notice of default being required. Sørensen Lawyers is then entitled to charge statutory interest (for consumers) or statutory commercial interest (for businesses) and to take all measures deemed necessary for collection.
Work may be suspended if sufficient advance payment has not been received. Sørensen Lawyers reserves the right to adjust its base hourly rates and travel compensation for travel by car or train.
Confidentiality and Communication
Sørensen Lawyers will take appropriate measures to preserve the confidentiality of the client relationship. Unless explicitly agreed otherwise, the following shall apply:
The Client authorizes Sørensen Lawyers to disclose information known to the firm, whether or not related to the engagement, to those within Sørensen Lawyers for whom access to that information is useful in connection with handling the engagement or client relationship management.
The Client consents to the use of all customary means of communication, including electronic communications and the internet.
Sørensen Lawyers is entitled to destroy case files five (5) years after notification of archiving to the Client.
Complaints Procedure
Sørensen Lawyers maintains an internal complaints procedure and has appointed Ms. E.M.Y. Sørensen as its internal complaints officer.
Complaints that cannot be resolved internally will be submitted to the Dutch Legal Profession Disputes Committee (Geschillencommissie Advocatuur).
The complaints procedure will be provided upon request.
Miscellaneous
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These General Terms and Conditions are drawn up in both Dutch and English. In the event of any discrepancy in interpretation, the Dutch version shall prevail.
The legal relationship between Sørensen Lawyers and the Client is governed by Dutch law.
Any disputes arising from or related to this relationship shall be submitted to the competent court in Amsterdam, the Netherlands.
These General Terms and Conditions are published on the website of Sørensen Lawyers.