Alonso Cuervo Abogados

Clarity is essential for us. From the beginning of our professional relationship with our clients we sign a standard contract that sets out the clauses that will govern the provision of our professional services and highlights both the duties taken on by both parties and the rights also derived from the signing of the agreement.
 
AGREEMENT FOR PROFESSIONAL SERVICES
 
     1.- LEGAL REGULATION.- The present agreement for professional services will be governed by the clauses agreed herein and, referring to all which is not regulated by them, by the provisions of the applicable articles of the civil code.

     2.- EXTRAORDINARY APPEALS.- Our assignments shall not include the preparation of extraordinary appeals to the Supreme Court or legal protection or any other appeals which are within the jurisdiction of any court located outside Spanish territory unless they have been expressly included in the tasks listed above. Said appeals, where applicable, will be invoiced according to the guidelines suggested by the corresponding Law Society.
     3.- TERMINATION BY THE CLIENT.- The client will be entitled to withdraw the assignment on receipt of the amounts accrued. If the withdrawal is made without just cause the total outstanding amount shall be paid and if part of the fees has been agreed as a percentage of the results obtained, it will be understood that the results intended by the client have been obtained and they shall therefore be paid in full.
     4.- DATA PROTECTION.- The client’s data will be added to computerised databases for their internal management although it will not be passed on to other companies unless the tasks carried out by these are likewise related to the lawyer’s work. The client can exercise the rights conferred by the law on Personal Data Protection at any time by modifying or cancelling his/her data from the abovementioned database. The client authorises the lawyer to destroy all non-original documents that remain in his/her possession once the case is closed. The lawyer is therefore entitled to deliver the original documents by post to the client’s address.
     5.- TEAMWORK.- The lawyer works in an office where he/she collaborates with several different legal professionals. The client expressly authorises said lawyer to carry out the assigned tasks through his/her collaborators, although he/she shall remain in charge of the case.
     6.- TERMINATION DUE TO BREACH OF AGREEMENT.- The non-fulfilment of the content of this agreement by any of the parties will entitle the compliant party to terminate the contract before its expiration date. In that case, the party that has not fulfilled its obligations accepts to take care of all the expenses that may arise from this failure to comply.
The lawyer will be entitled to terminate the contractual relationship generated by this agreement if any of the following circumstances should occur:
     a) if there are irreconcilable differences between the client and the lawyer with regard to the general defence strategy suggested by the lawyer.
     b) if the client does not meet the economic obligations he/she has agreed to through this agreement within the period and according to the terms set out in the same.
     c) if the client cannot be found at the address indicated in the heading of this contract for a period of more than 30 days, unless written notice of a change of domicile or temporary absence is given.
     7.- If the contract is terminated due to reasons a) and c), the lawyer will be entitled to receive the amount accrued according to this contract up until termination plus 25% of the amount pending accrual due to this termination. In the case of b), the lawyer will receive the agreed fees in full, whether they have been accrued or not.
The communication of termination will be delivered to the last known address of the client, giving him/her five calendar days to appoint a new lawyer to take care of his/her representation.
It will be understood that the client withdraws his/her assignment without cause:
     a) if he/she does not respond to the communications delivered to the address indicated at the heading of this contract.
     b) if he/she does not comply with the agreed economic obligations or he/she stops paying the fees of any professional who, in the lawyer’s opinion, is involved in the proper development of the present assignment.
     c) if the client were to ignore the instructions given by his/her lawyer or if he/she did not expressly respond in writing to the pleas lodged in his/her case.
In such circumstances, the lawyer shall abandon the management and representation of the client’s affairs, and the client will release him from any obligation to respond to procedural documents and to lodge, if appropriate, any appeals, and the economic consequences already described will come into place.
     8.- The lawyer shall be entirely free to assess whether it is appropriate or not to lodge appeals through administrative or legal procedures against any decisions that may be taken by the court for the settlement of the entrusted case.
The client shall not be able to force said lawyer to lodge any appeal that he/she considers inappropriate or based on insufficient technical reasons to support it.
The client shall be free to withdraw the assignment entrusted through this contract should our team refuse to lodge an appeal against any decision that may be taken by the court. In that case, the client shall have to pay the fees and expenses accrued until that time.