General Terms and Conditions
1. Scope of Application
These Terms and Conditions apply to all activities and representation—whether before courts, authorities, or outside of such—that are carried out within the scope of a contractual relationship between Weinrauch Rechtsanwälte GmbH (hereinafter referred to as “the Attorneys”) and the client. These terms also apply to any future mandates unless otherwise agreed in writing.
2. Engagement and Power of Attorney
2.1 The contractual relationship is exclusively with the Attorneys. The client is solely the individual or legal entity named in the engagement confirmation; affiliated companies, shareholders, or similar parties are not included. An attorney is responsible for handling the client’s legal matters promptly. The Attorneys reserve the right to involve additional attorneys or legal staff in the handling of a matter. The Attorneys are authorized and obliged to represent the client to the extent necessary and appropriate to fulfill the mandate. Changes in legal regulations after the termination of the mandate do not oblige the Attorneys to inform the client of such changes or their consequences.
2.2 Upon request, the client must sign a written power of attorney. This may relate to individual, clearly specified legal actions or cover all possible legal transactions and actions.
3. Principles of Representation
3.1 The Attorneys must act in accordance with the law and represent the client’s rights and interests with diligence, loyalty, and conscientiousness. They are entitled to determine the manner of service delivery and may take all necessary steps, particularly to assert or defend claims, as long as these actions do not conflict with the client’s instructions, their professional conscience, or the law. In urgent cases, the Attorneys may take or omit actions not expressly covered by the mandate or even contrary to instructions if it is in the client’s best interest.
3.2 If the client gives an instruction that conflicts with statutory law or professional rules (e.g. the “Guidelines for the Practice of the Legal Profession” [RL-BA 2015], or decisions of the disciplinary or appellate bodies for attorneys), the attorney must refuse to comply. If the attorney considers the instruction to be impractical or potentially detrimental, the client must be informed of the possible consequences before it is followed
4. Client’s Duty to Inform and Cooperate
4.1 The client must promptly provide all information and documents relevant to the case. The Attorneys may assume the accuracy of provided information unless its incorrectness is obvious. The client must also notify the Attorneys without delay of any changes in relevant circumstances. The attorney must, through appropriate means, ensure the accuracy and completeness of the facts.
4.2 When the attorney prepares a contract, the client must supply all data necessary for the calculation of real estate transfer tax, registration fees, and capital gains tax. The attorney shall not be liable for any consequences arising from incorrect information provided by the client and shall be indemnified by the client for any resulting financial losses.
4.3 Due to anti-money laundering and counter-terrorism legislation, the attorney is legally obliged to verify identities, beneficial ownership, purpose of transactions, and source of funds. The client must provide accurate information and documentation upon request, including if requested on behalf of a bank.
5. Confidentiality and Conflict of Interest
5.1 The Attorneys and their employees are bound to legal confidentiality regarding all information entrusted to them or obtained in their professional capacity, unless disclosure is necessary to enforce their own claims (e.g. fees) or to defend against claims.
5.2 The client acknowledges that in certain cases the attorney is legally obligated to report information to authorities without client consent, especially under anti-money laundering, anti-terrorism, or tax legislation (e.g. Account Register and Inspection Act, GMSG, etc.).
6. Fees
6.1 Unless agreed otherwise, the Attorneys are entitled to a reasonable fee.
6.2 In the case of lump-sum, hourly, or discounted fees, the Attorneys are additionally entitled to any cost awards exceeding the agreed fee, provided they are collectible.
6.3 Statutory VAT, reasonable expenses (e.g. travel, phone, fax, copying), and any cash outlays (e.g. court fees) are added to the fee.
6.4 Any fee estimate not expressly designated as binding is non-binding and does not constitute a fixed price offer under § 5(2) KSchG, as the scope of legal work is inherently unpredictable.
6.5 Attorneys may issue invoices at any time, at least monthly, and request advance payments. €70 plus VAT is charged for the second and each additional reminder.
6.6 For business clients, itemized invoices are deemed accepted unless objected to in writing within one month of receipt.
6.7 In case of default, the client must pay statutory default interest of 4%. If the client is at fault, the rate increases to 9.2 percentage points above the base rate, and any additional damages must be compensated.
6.8 All court, authority, or third-party costs may be sent directly to the client for payment.
6.9 If multiple clients instruct the Attorneys in the same matter, they are jointly and severally liable.
6.10 Reimbursement claims against third parties are assigned to the Attorneys up to the amount of their fee claim.
6.11 If the client sends the attorney an email only in CC or BCC without direct instruction, the attorney is not obliged to read it. If the attorney does read it, the same fee applies as for similar services under RATG or AHK.
6.12 No charge is made for preparing invoices unless the client requests translation into a language other than German or written summaries for auditors (e.g. pending cases or fee balances).
7. Liability
7.1 The Attorneys’ liability for negligent advice or representation is limited to the insurance sum available for the case, with a minimum of €2,400,000 as required by § 21a RAO. For consumers, this applies only to slight negligence. The limit applies per insured event and is proportionally divided among multiple claimants.
7.2 The Attorneys are only liable for third parties (e.g. external experts) if they were negligently selected.
7.3 Liability is owed only to the client, not third parties. The client must inform third parties accordingly.
7.4 Attorneys are only liable for knowledge of foreign law if expressly agreed in writing or if they voluntarily undertook to examine it.
7.5 The liability cap under 7.1 includes all claims (e.g. damages or reduction in fees), but excludes the return of paid fees. Deductibles do not reduce liability. The cap applies per event and is divided among claimants proportionally.
8. Limitation and Forfeiture of Claims
Unless a shorter statutory period applies, all claims (except consumer warranty claims) lapse if not asserted in court within six months (for business clients) or one year (for consumers) from the date the client became aware of the damage and liable party, but in any case no later than five years from the harmful act.
9. Legal Expenses Insurance
9.1 If the client has legal expenses insurance, they must inform the Attorneys immediately and provide documentation.
9.2 Obtaining coverage from the insurer does not affect the client’s obligation to pay the fee unless otherwise agreed in writing.
9.3 The Attorneys are not obliged to collect fees from the insurer directly but may invoice the client in full.
10. Termination of the Mandate
The mandate may be terminated by either party at any time without notice or reason. Fees for work already performed remain due. If a flat fee was agreed, billing is based on the statutory tariff but limited to the flat fee.
Upon termination, the attorney must continue to represent the client for 14 days if needed to avoid legal disadvantages, unless the client expressly waives further services.
11. Return of Documents
11.1 Upon request, original documents must be returned after the mandate ends. The attorney may retain copies.
11.2 If the client later requests documents already received, they must bear the costs.
11.3 Files must be stored for five years unless longer legal retention periods apply. After that, the client consents to their destruction, including originals.
12. Duty to Report
The attorney must inform the client appropriately—verbally or in writing—about actions taken in the course of the mandate.
13.Sub-Authorization and Substitution
It is agreed that the attorney may be represented by another lawyer (sub-authorization). In temporary absence, the attorney may delegate tasks to another lawyer (§ 14 RAO). The original attorney is only liable for negligent selection.
14. Governing Law and Jurisdiction
These Terms and Conditions and the contractual relationship are governed by Austrian substantive law, excluding conflict-of-law rules. The exclusive place of jurisdiction is the competent court for the 1st District of Vienna.
15. Final Provisions
Amendments or supplements to these Terms and Conditions of Engagement shall only be valid if made in writing, unless the client is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG). Any declarations made by the Attorneys to the client shall be deemed received if they are sent to the address provided by the client at the time of engagement or to a subsequently notified address, provided such notification was made in writing.
Unless otherwise agreed, the Attorneys may correspond with the client in any form they consider appropriate. Declarations required to be made in writing under these Terms and Conditions may – unless expressly stated otherwise – also be made by fax or email.
Unless the client provides written instructions to the contrary, the Attorneys are entitled to conduct email correspondence with the client in unencrypted form. The client acknowledges having been informed of the associated risks (particularly concerning access, confidentiality, and potential alteration of messages during transmission) and consents to unencrypted email communication in full knowledge of these risks.
