The professional fee of a german attorney is
regulated by the federal
attorney´s fee law (Rechtsanwaltsvergütungsgesetz).
This law is identical to
all attorneys. The civil code is partially applicable as well.
Decisive for the extent of an attorney fee are:
- the legal complexity,
- the temporal effort,
- the value in litigation or your financial interest.
The location of the lawyer´s branch and the location of
other fee determining factors.
Mandate Terms of Dr. Andreas Schwörer
Mandate Terms of Dr. Andreas Schwörer
1 Mandate Agreement
These general mandate terms apply for all mandates mandated by the
client, notably for any engagement, giving advice, providing
information, procuring a business or conducting of a case between Dr.
Schwörer and a client. These
general mandate terms apply for all companies, which may be
represented by the signatory of these terms. These terms apply also
for files and mandates started before these terms are signed. These
Terms can be amended for concrete cases.
These general mandate terms apply for all current and future
agreements, without any necessity for reference to them to be
This agreement applies also so far as the legal service fades into
the background. This may take place for example in the following
cases: if the service contains in whole or partly economic advice or
economic psychological advice or if the service is of mediative
nature or the service is a trustee, escrow, facilitation or a
brokerage service. This applies particularly regarding the cross
border freedom to provide service.
Any engegement is awarded independend of a cost absorption of a third
party like an insurance.
2 Comprehension of mandate and remuneration agreement
A provision of an individually negotiated agreement prevails, as far
as this individual provision contains such a provision, which varies
from the provisions of this agreement. An individual agreement
replaces this agreement only completely, if this agreement is
expressively and comprehensively waived.
This agreement replaces all and every written or oral agreement,
which was concluded before this agreement entered into effect. This
agreement governs conclusive the mandate-client relationship of Dr.
Schwörer and a client, unless a written addendum is agreed or unless
a promise is given
advantaging Dr. Schwörer.
Business terms of a client do not apply, unless agreed otherwise in
3 Scope of Mandate
Purpose of the mandate is an agreed service and not the performance
of a certain success.
Information, Advice and explanation are only compulsory upon a
Dr. Schwörer handles a mandate only from the perspective of the
European law and the international and supranational law which
applies in Europe.
The rights of the mandate relationship which are due to a client can
only be assigned with prior consent of Dr. Schwörer.
Dr. Schwörer is eligible to count on the correctness and
completeness of the data submitted by a client. Dr. Schwörer is not
obliged to verify the submitted data. However, Dr. Schwörer is
entitled to verify the data submitted by a client.
Dr. Schwörer is authorized to give a sub-power of attorney.
Client undertakes to treat confidentially all written documents
(expert opinions, memorandums, etc.) provided to him or her and will
not pass them on or reveal their content to third parties unless Dr.
Schwörer´s prior written approval has been obtained. The Client may
allow an expert bound by professional secrecy rules who is advising
him or her in the same matter access to documents provided by Dr.
Schwörer, even without Dr. Schwörer´s prior approval, if the
client has placed such expert under an obligation to treat the
4 Liability, Limitation of Liability
The attorney at law is liable to the client for deliberately caused
damages, unconcerned about which legal basis.
The liability of Dr. Schwörer by the relationship to the client for
indemnity by ordinary or slight negligence is hereby limited to
1.000.000 Euro in each matter and to 2.500.000 € in a year. Any
comment in regards to non-European law is non- committal and given
without any liability.
The liability for gross negligence is not comprehended by the
previous provision. The parties wish to avoid ambiguities and
controversies concerning these vague legal terms:
and concerning to an individual contractual agreement the parties
debated and finally agreed upon the following:
liability shall be limited to 1.000.000 € in case a mistake in
advise - or any service mentioned in § 1 of this agreement - is
based on gross negligence.
non legal services (trustee escrow and facilitation) the
liability amount guaranteed of 1.000.000 € is substituted by the
amount of 1.000 €.
that, it shall be straightened out that Dr. Schwörer is unlimitedly
liable for any willful injury.
Dr. Schwörer offers the option to conclude an additional and
therefore higher indemnity insurance, as long as the client commits
to bear the higher insurance costs.
5 Correspondence and data privacy
Dr. Schwörer may communicate by email with the client and a third
party. Dr. Schwörer indicates that such electronic data transfer via
the internet is unsecure concerning confidentiality. Dr. Schwörer
offers encrypted communication by email with PGP.
Dr. Schwörer may collect, save and use disclosed private data within
the purpose of the mandate according to privacy laws. The
client has no right to record telephone communication (e.g.: calls,
skype calls, video calls, shared screen view, etc).
6 Assignment for security, offsetting with due claims
The client assigns all claims of reimbursements of expenses for
security to Dr. Schwörer with entitling Dr. Schwörer to indicate
the assignment to the payer on behalf of the client. Dr. Schwörer
will not collect the claim, as long as the client serves his/ her
Dr. Schwörer may offset incoming reimbursement and other amounts in
favor of the client with due remuneration fee amounts, as far this is
permitted by law.
7 Applicable law and venue
agreement and terms shall be governed by and construed in accordance
with the laws of Germany. If the English legal meaning differs from
the German legal meaning of this agreement and its terms, the German
meaning shall prevail. All contractual relationships of the parties
shall be governed exclusively by german law without those provisions
of the german international private law referring to the law of
another state. The venue is Rastatt. Dr. Schwörer is entitled to sue
the client at his/her legal domicile.
8 Severability clause
any provision of this agreement is prohibited by law or judged by a
court to be unlawful, void or unenforceable, the provision shall, to
the extent required, be severed from this agreement and rendered
ineffective as far as possible without modifying the remaining
provisions of this agreement, and shall not in any way affect any
other circumstances of or the validity or enforcement of this
agreement. Any ineffective provision shall be substituted by such a
provision of German law, which comes economically as close as
possible to the ineffective provision. If
the client has his place of business outside Germany, a provision of
this agreement which is void or unenforceable according to German law
shall alternatively be valid and enforceable according to the law of
the state where the client has his place of business, if the effect
is more favorable for Dr. Schwörer that a substituted provision in
German law. In
such a case, the parties are obliged to precipitate a compromise.
Without achieving a compromise a court shall determine an effective
A Legal SERVICES – non trustee services
I In private, public,
administrative or tax law a remuneration is due according to the value
of the matter and the german federal law for fees for attorney at law.
In tax files the fee is due according to the german tax advisor
remuneration law, if thereafter the fee is higher than according to the
attorney at law remuneration law.
II In matters of criminal
law (also tax evasion law) or international tax law the remuneration is
75 € per each commenced 15 minutes, except where the remuneration
according to the German federal law for attorney remuneration fee or
according to the German federal law for tax advisors fee is higher.
III If the service is
exercised in regards to the law of another state or on the territory of
another state, the fee is double as high as for cases in German law
practised in Germany.
IV As long as and as far
as Dr. Schwörer has not received an advance money, Dr.
Schwörer is entitled but not obliged to start performing a
B TRUSTEE, ESCROW AND FACILITATION SERVICES
I The fee is 2% (TWO percent) of the received money, funds or assets.
This applies for funds going into and staying in ownership of the
client, e.g. for consultations and facilitation services, including
facilitation sub fee pay out.
II -------------------------- FULL TEXT ONLY FOR CLIENTS ------------------------------
III The fees are due with receipt of the money on an account of the trustee.
If the first money is received later than one month after signing of
this contract, then the fee of a multi tranche transaction is due with
the first tranche for the complete transaction.
IV Outgoing transfers are
limited to 10 transfers per incoming transfer and per 10 MIO €.
The yearly renewal fee is 1% for non withdrawn funds.
V If and to the extent
Dr. Schwörer facilitates goods or rights, which are sold by third
party, a fee of 1% of the market value is hereby stipulated. This 1% is
the half of the fee according to § 99 HGB (HGB: German commercial
law book). -- For escrow service a fee of 4% of total transaction
volume is stipulated. -- For facilitation of high yield return programs
a success based fee of 10% is stipulated.
VI For out of office
services of section B services the approximate travel expenses plus 500
€ a day for out of office service are to be paid in advance
C General Fee Terms
I Several clients are
liable to Dr. Schwörer for the remuneration in a repective matter
as joint debtors. Legal separate agreements or files are separately
remunerated. Reclamations against an invoice are precluded after two
weeks from receipt of the invoice, if the client is an entrepreneur.
Reclamations have to be brought within two weeks from receipt of the
invoice in written form, otherwise the client carries the burden of
proof, that the invoice is incorrect. If the invoice is not paid within
two weeks after date of issuance, the amount of the invoice may be
changed. If a fee is due according to different sections of this
agreement, then always the respective highest fee is stipulated.
II The remuneration is due with recipience of the invoice and payable within 14 days as from the date of invoice.
III Dr. Schwörer may
charge a proper advance money and may invoice monthly. If the client
mandates Dr. Schwörer only in regards to a part value of a
coherent mandate (advise or transaction), Dr. Schwörer can charge
his fee in regards to the whole value.
IV To the above fees the
following fees are added and such fees are due according to part 7 of
the attorney at law remuneration law in Germany: which are notably
travel expenses, external bank fees (eventually negative interest), VAT
(Value added tax). Car travel costs are charged with 0,50 €/ km.
The client is hereby informed that even in the case of a judicial
recovery only 0,30 €/km is reimbursable by the defeated party. If
Dr. Schwörer keeps further appointments on a business trip, the
client may not shorten the remuneration of the travel expenses.
V The general mandate terms of Dr Andreas Schwörer are a supplement of this agreement.