General Terms and Conditions of Mandate of Barba & Partner Rechtsanwälte

§ 1 Scope of Application

(1) These General Terms and Conditions of Mandate apply to all contracts whose subject matter is the provision of legal advice and information, any related management of affairs or the conduct of litigation by Barba und Partner Rechtsanwälte PartGmbB (hereinafter: lawyers or professional practice entity).

(2) These General Terms and Conditions of Mandate also apply to any subsequent mandates with the client.

(3) General terms and conditions of the client shall only apply if they have been expressly agreed in writing between the parties.

(4) Amendments to these General Terms and Conditions of Mandate shall apply to existing mandates only if this is agreed on an individual basis in the specific case. For subsequent mandates, the version of the General Terms and Conditions of Mandate in force at the time the mandate is granted shall apply.

§ 2 Formation and Content of the Mandate

(1) The mandate is formed only upon acceptance of the engagement by the lawyers. Until the engagement is accepted, the lawyers are generally free in their decision whether or not to accept the mandate.

(2) The scope of the mandate is limited by the specific instructions given by the client. The activity agreed in this respect is not aimed at achieving a particular legal or economic outcome.

(3) For consumers, rights of withdrawal exist in accordance with statutory provisions, in relation to mandate agreements concluded outside the lawyers’ offices or initiated by distance communication. The client shall be informed separately about this and shall receive instructions on the right of withdrawal as well as a model withdrawal form, which are made available to him/her in the context of the mandate.

(4) The lawyers conduct the mandate in accordance with the principles of proper professional practice, to the best of their knowledge and judgment, in particular in accordance with the provisions of the German Federal Code for Lawyers (Bundesrechtsanwaltsordnung – BRAO) and the German Rules of Professional Conduct for Lawyers (Berufsordnung für Rechtsanwälte – BORA). Pursuant to section 43f BRAO, they regularly participate in continuing education to maintain and expand their professional knowledge.

(5) The engagement is generally granted to the professional practice entity, unless expressly agreed otherwise at the time of contract conclusion. Even in such cases, the remuneration is owed to the professional practice entity. Each member of the professional practice entity is therefore entitled to take over the handling of the matter. Employed lawyers, freelance staff, other lawyers and lawyers admitted in foreign jurisdictions as well as other qualified third parties may also be involved in the handling of the matter. If this leads to additional costs, such as expert fees, the lawyers will obtain the prior consent of the client. Such consent is not required if the same costs would have been incurred had the lawyers performed the engagement themselves.

(6) The lawyers are only obliged to file and withdraw appeals and other legal remedies if they have received and accepted an engagement to this effect.

(7) In the event of multiple clients in the same matter, the lawyers are entitled to inform all clients comprehensively. Any conflicting individual instructions by a single client shall be disregarded in this respect. Objections raised by one of the clients towards the lawyers, or actions taken by the lawyers towards one client, shall have effect for and against all clients. In the event of conflicting actions or declarations by the clients, the lawyers are entitled to terminate the mandate.

(8) If the client requests a change of the engagement during the execution of the mandate, the lawyers are obliged to comply with the request for change if the implementation of such change is reasonable for them. In this case, the lawyers may, by way of deviation from the originally planned level of effort, demand an appropriate adjustment of the remuneration for the performance of the engagement.

§ 3 Duties of the Client

(1) The client shall fully and comprehensively inform the lawyers about all facts known to him/her, the knowledge of which is indispensable for the proper handling of the matter by the lawyers. The lawyers may, as a rule, base their work on the information provided by the client, unless there are obvious inconsistencies or errors that require further verification. In such a case, the lawyers shall draw the client’s attention to the respective doubts and request additional information. For the duration of the mandate, the client undertakes to inform the lawyers without delay of any actions that the client has taken vis-à-vis courts, authorities, third parties or the opposing party.

(2) The client is obliged to support the lawyers in the performance of the engagement and to create all conditions within his/her power that are necessary for proper performance of the engagement; in addition to providing the required and relevant information to the lawyers in due time, all documents of the client must be transmitted to the lawyers in due time. Any change of address (place of residence, mailing address, business address, telephone numbers, fax numbers, email addresses) as well as absences must be communicated to the lawyers without delay.

§ 4 Electronic File / Document Management / Communication / Confidentiality

(1) The client agrees that the lawyers will maintain the mandate file in electronic form.

(2) The contact details provided by the client at the beginning of the mandate shall be deemed correct until new contact details are provided by the client. Insofar as the lawyers send documents to the address given, they have fulfilled their duty to inform. If the client provides an email address and/or fax number as contact data at the beginning of the mandate, the lawyers may, unless expressly agreed otherwise, correspond with the client by these means of communication. By providing an email address, the client agrees to the unencrypted transmission of communications by the lawyers, unless the client expressly objects to this method of transmission. The client is expressly informed that confidentiality cannot be fully guaranteed when using fax and electronic media (email). At the client’s request, the lawyers offer encrypted email communication.

(3) The lawyers are authorized, within the purpose of the engagement, to collect, store and process the client’s personal data entrusted to them, in compliance with the applicable data protection provisions, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). Further details follow from the separate privacy policy of the lawyers, which is made available to the client at the beginning of the mandate.

(4) The lawyers are obliged, without time limitation, to maintain confidentiality regarding all information or business and trade secrets of the client that become known to them in connection with the engagement. Disclosure to third parties not instructed with the performance of the engagement may only take place with the client’s consent.

(5) The client expressly agrees that the lawyers may forward mandate-related information to the client’s legal expenses insurance if the lawyers have been instructed to correspond with the legal expenses insurance. The lawyers expressly point out that taking over correspondence with the legal expenses insurance does not release the client from the obligation to pay the lawyers’ fees.

(6) The lawyers may, in the context of the mandate, use AI-based systems as well as external service providers (e.g., IT service providers, research services, translators, secretarial and typing services), provided this is necessary or appropriate for the proper handling of the mandate. The lawyers ensure that all persons and service providers engaged are bound to confidentiality and comply with the applicable data protection provisions. Where possible, data will be processed in pseudonymized or anonymized form. If personal data is processed by external service providers, this is done on the basis of appropriate contractual arrangements and in accordance with the lawyers’ privacy policy.

(7) The lawyers are entitled to use legal issues and case constellations arising from the mandate, in fully anonymized form, for training, quality assurance and publication purposes (e.g., specialist articles, blog posts, lectures). Use shall take place only in such a way that no conclusion can be drawn about the identity of the client or other parties involved. If, in an individual case, anonymization does not appear sufficiently possible or if particular confidentiality interests of the client are affected, such use shall only take place with the client’s prior express consent.

§ 5 Remuneration / Information

(1) Details regarding remuneration, in particular the agreed remuneration pursuant to the German Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz – RVG) or pursuant to an individually negotiated remuneration agreement, are set out in a separate written remuneration agreement specifying the details of the engagement. This agreement is made available to the client prior to the beginning of the engagement.

(2) If no individual remuneration agreement has been concluded between the lawyers and the client or third parties, the mandate is billed in accordance with the RVG. If lower fees than those provided for in the RVG are agreed in out-of-court matters, the agreement is only binding if it has been concluded in writing.

(3) If billing is carried out in accordance with the RVG, the billing is based on the value of the matter in dispute of the mandate, unless it is a mandate in which billing pursuant to the RVG is not based on such value, as is partly the case in criminal matters or certain social law matters. When the lawyers are engaged, the value of the matter in dispute may, under certain circumstances, be preliminary.

(4) If the client and the lawyers have agreed on a remuneration agreement based on time spent, the lawyers may continue to work on the mandate even if the initially envisaged time budget has been exceeded. This does not apply if the client expressly objects to the continuation of the work and the lawyers have failed to inform the client of this situation. The lawyers are obliged to inform the client without delay when the envisaged time budget has been reached. Where hours or other time units have been agreed in the remuneration agreement as the basis for billing, the lawyers shall keep records of the time spent in performing the mandate. The time spent shall be communicated to the client when the invoice is issued. The client is requested to review the billing within four weeks of receipt and to raise any objections to the time billed. The client may at any time request inspection of the time records kept by the lawyers.

(5) If a mandate that was initially billed out of court under an individual remuneration agreement proceeds to court proceedings, any crediting against statutory fees pursuant to the RVG for the litigation shall only take place if expressly agreed. The client is hereby advised that such agreement deviates from the statutory billing rules of the RVG.

(6) In employment law matters, in first-instance proceedings on the merits, the prevailing party has no claim to compensation for loss of time or to reimbursement of the costs of legal representation by the lawyers.

(7) If the client does not have sufficient financial means, he/she may make use of advisory aid and legal aid for court proceedings. The client must substantiate his/her financial need. Any negligence in this regard shall be to the client’s detriment. In criminal proceedings, it is possible for the court to appoint the lawyer as court-appointed defense counsel. If reimbursement of costs by the state treasury is refused, the client is informed that he/she must bear the remuneration and costs of the proceedings personally. The state treasury may, in individual cases, reclaim from the client the costs arising from the granting of advisory aid, legal aid for court proceedings and the appointment of a court-appointed defense counsel after the proceedings have been concluded.

(8) If one of the lawyers is appointed as court-appointed defense counsel, he/she is obliged to conduct the defense of the client even without a remuneration agreement. If, after being engaged by the client for criminal defense, one of the lawyers is appointed as court-appointed defense counsel, he/she is obliged to continue the defense, regardless of any remuneration agreement concluded.

(9) If the client has legal expenses insurance, it is in principle the client’s own responsibility as policyholder to obtain coverage approval and to settle the account with the legal expenses insurer. The client is, even where legal expenses insurance exists, the sole party instructing the lawyers. The client is aware that he/she remains personally liable for the lawyers’ remuneration if coverage is granted only in part or not at all by the legal expenses insurer. The legal expenses insurer generally reimburses only the costs of instructing a lawyer. If the client expressly instructs the lawyers to obtain coverage approval, the lawyers are entitled to claim remuneration from the client for this activity in accordance with the statutory rules. The value in dispute for this activity is determined by the amount of the costs. No guarantee is given that coverage approval will be granted. If the commencement of the agreed legal work is to depend on prior coverage approval, this must be expressly agreed.

(10) If, in the context of representation before a court, the place of the court and the location of the law firm are not the same, engaging the lawyers gives rise to additional costs, which may not be borne by the opposing party and/or the legal expenses insurer.

(11) The client is generally obliged to pay an appropriate advance, which may extend up to the full amount of the statutory remuneration. This also applies where claims for reimbursement of costs against third parties exist. The lawyers are not obliged to advance costs on behalf of the client. The client is advised that by failing to pay advances and costs, he/she risks impairing the enforcement of his/her rights.

(12) To secure all remuneration claims, the client assigns to the lawyers, in the amount of the lawyers’ remuneration claim, all claims for reimbursement of costs against the opposing party, the state treasury, the legal expenses insurer, subject to that insurer’s consent, or other third parties, and authorizes the lawyers to notify the debtor of this assignment. Such notification shall only take place if the parties agree on notification of the assignment for the collection of the client’s claims, the client fails to meet his/her payment obligations, in particular if the client refuses payment, is in default of payment, or if an application has been filed to open insolvency proceedings over his/her assets.

(13) The lawyers are entitled, to the extent permitted by law, to offset incoming reimbursement amounts and other amounts due to the client that they receive against outstanding remuneration claims and, once invoiced, against fees for services previously rendered but not yet billed.

(14) The client must reimburse the lawyers for expenses incurred and documented by receipts, insofar as such expenses were necessary or agreed, in particular travel and accommodation costs, costs for communication services, court fees as well as costs for external service providers (e.g., experts).

§ 6 Payment

(1) Advance invoices issued by the lawyers as well as the final invoice are payable without deduction.

(2) If costs and interest have already arisen at the client’s expense, the lawyers are entitled to apply payments first to the costs, then to the interest, and lastly to the principal claim. Set-off against claims of the lawyers (remuneration and expenses) is only permissible with claims of the client that are undisputed or have been finally adjudicated.

(3) If the lawyers act for multiple clients in the same matter, such clients are jointly and severally liable for payment of the statutory or agreed remuneration of the lawyers.

(4) Any performance in lieu of or for the purpose of satisfaction of the lawyers’ remuneration claims is excluded. Payment orders, credit card payments as well as checks and bills of exchange are accepted only subject to the charging of all collection and discount charges and shall only be deemed fulfillment of the payment obligation when the amount has been cashed and is unconditionally at the disposal of the lawyers.

(5) The client shall be in default at the latest 30 days after receipt of an invoice. This shall be pointed out in the invoice.

(6) Outstanding claims of the lawyers shall bear interest in accordance with section 288 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).

§ 7 Liability, Limitation of Liability, Professional Indemnity Insurance

(1) Each individual lawyer and the professional practice entity maintain professional liability insurance in accordance with the statutory requirements of the German Federal Code for Lawyers (in particular sections 51, 59n, 59o BRAO) with an insured sum that meets or exceeds the statutory minimum requirements. Upon the client’s request, the name and address of the insurer and the territorial scope of coverage will be provided.

(2) The liability of the professional practice entity and of each individual lawyer acting on its behalf is limited, within the scope of the statutory possibilities for limitation of liability, to the amount specified in the remuneration and liability agreement, insofar as legally permissible. This limitation of liability, however, does not apply to damage resulting from intentional or grossly negligent breach of duty by the lawyers. This amount corresponds to at least four times the respective statutory minimum insurance sum. Details of the limitation of liability are set out in the remuneration and liability agreement made available to the client.

(3) The liability of the professional practice entity and of each individual lawyer acting on its behalf for damage arising from simple negligence in the performance of professional duties is, to the extent legally permissible and subject to paragraphs 4–6, limited to the amount specified in the separate remuneration and liability agreement. This amount corresponds to at least four times the respective statutory minimum insurance sum or the actually agreed higher insurance sum; corresponding insurance coverage exists.

(4) The limitation of liability pursuant to paragraph 2 does not apply to damage resulting from injury to life, body or health, nor to damage resulting from intentional or grossly negligent breach of duty by the lawyers, their legal representatives or vicarious agents.

(5) Any mandatory liability provisions as well as any broader coverage provided by the professional liability insurance remain unaffected. At the client’s request, additional insurance with a higher coverage amount may be taken out in an individual case, at the client’s expense.

(6) Where the liability of the professional practice entity and of each individual lawyer acting on its behalf is, to the extent permitted by law, limited in the aggregate, this limitation of liability shall apply jointly to all damage arising from a single mandate or from several related mandates.

§ 8 Termination, End of Mandate

(1) The contractual relationship may be terminated by the client at any time.

(2) The lawyers may likewise terminate the mandate at any time. This applies in particular if the client is in default of payment and termination has been threatened.
(3) Termination by the lawyers must not take place at an inappropriate time.

(4) After the mandate has ended, services not yet billed shall be invoiced without delay. The invoice is payable immediately upon receipt, unless a payment term is specified in the invoice.

(5) The right to extraordinary termination for good cause remains unaffected. A good cause for termination of the mandate may exist in particular where there is a loss of trust, false statements by the client, conflicts of interest or a serious risk to the proper handling of the mandate.

§ 9 Retention of Documents, Risk of Dispatch

(1) The duty of the lawyers to retain the case file and all documents ends, pursuant to section 50 BRAO, six years after the end of the calendar year in which the mandate was terminated. This period may be extended if a longer retention period is required by law.

(2) The retention period may be shortened if the lawyers have previously offered in writing that the client take over the documents.

(3) If documents are sent to the client at his/her request or upon his/her instructions, dispatch will be made to the last address communicated. The risk associated with dispatch is borne by the client, unless he/she has objected to dispatch and has bindingly agreed to collect the documents immediately.

(4) If the lawyers have due remuneration claims against the client arising from the mandate, they have a right of retention with respect to the documents received by them in the mandate. The exercise of the right of retention must not be disproportionate.

§ 10 Agreement on the Place of Jurisdiction

(1) For all disputes arising from the mandate with clients who are not consumers, the courts at the registered office of the professional practice entity shall, to the extent legally permissible, have jurisdiction.

(2) If a client who is not a consumer has no general place of jurisdiction in Germany, or if he/she moves his/her registered office abroad after conclusion of the contract, or if his/her registered office is unknown at the time the claim is filed, the courts at the registered office of the law firm of the lawyers shall likewise have jurisdiction. The place of performance for the lawyers shall be the registered office of the law firm, unless another place of performance is expressly agreed.

(3) For clients who are consumers, the statutory rules on jurisdiction apply.

§ 11 Final Provisions

(1) Rights arising from the contractual relationship with the lawyers may only be assigned with the prior written consent of the lawyers.

(2) All contractual relationships between the client and the professional practice entity are governed exclusively by the law of the Federal Republic of Germany. This applies even if the client has his/her place of residence or registered office abroad or the engagement is performed abroad. The above shall apply unless another law has been expressly agreed at the time of granting the engagement.
(3) For disputes concerning financial claims arising from the mandate between the lawyers and consumers, the Conciliation Board of the Legal Profession (Schlichtungsstelle der Rechtsanwaltschaft, Rauchstr. 26, 10787 Berlin) is the competent consumer arbitration body within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG). Further information can be obtained at www.s-d-r.org. The lawyers are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

(4) Amendments or supplements to these Terms and Conditions of Mandate must be made in writing and must be expressly identified as such. This also applies to this provision.

(5) Should any of these provisions be incomplete, invalid or unenforceable, or become so, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, or in order to fill the resulting gap, an appropriate provision shall be deemed agreed which, to the extent legally permissible, comes closest to what the contracting parties intended or would have intended.

(6) The lawyers may, where needed in the context of the mandate, use forms containing multilingual texts. In the event of discrepancies between the German wording and the foreign-language wording, including their structure, meaning or interpretation, the German structure, meaning and interpretation shall prevail.

Version: 12/2025 Barba & Partner Rechtsanwälte PartGmbB