Terms Of Service
General Terms and Conditions of the Law Firm iustica.BE
1. Scope of Application
Unless otherwise expressly agreed in writing, these general terms and conditions govern the relationship between iustica.BE and the client.
2. Fees and Expenses
iustica.BE’s services will be billed on the basis of an hourly rate of €100.00 to €350.00, depending on the experience and specialization of the handling lawyer.
Depending on the complexity, stakes, urgency, and outcome of the case, the hourly rate may be multiplied by a coefficient agreed with the client.
Any other method of setting fees (fixed fee, hourly rate with success fee, etc.) must be agreed upon in writing.
Expenses may be billed as a lump sum or separately as follows:
- Incoming or outgoing mail, fax, email (per document): €10.00
- Word processing (per page): €5.00
- Copies (per page): €0.50
- Outgoing national calls (per 15 minutes): €1.00
- Outgoing international calls (per 15 minutes): €10.00
- Online database consultation (per paid consultation): €10.00
- Car travel (per km): €0.50
Other disbursements (court fees, bailiff, translation, other transportation, download fees, etc.) are charged at cost.
Legal fees and expenses are subject to VAT.
iustica.BE issues statements of fees and expenses at regular intervals and may request advance payments for services to be performed.
Provided the client is informed in advance, iustica.BE may deduct billed fees and expenses from amounts received on the client’s behalf.
3. Court Costs and Legal Expenses
Depending on the circumstances, the client may be liable for specific costs arising at different stages of judicial proceedings.
At the start of proceedings, the client will be liable for filing fees, which vary depending on the court, the nature of the dispute, and the method of filing.
In civil or commercial proceedings, the Judicial Code provides for a procedural indemnity payable by the losing party to the prevailing party. The amount of this indemnity depends on the value of the dispute and is fixed by royal decree.
In criminal matters, procedural indemnities are only due between the prosecuted person and the civil party.
No procedural indemnity is due for proceedings before administrative courts.
If the defendant loses, they are also liable for summons costs and other legal expenses advanced by the plaintiff.
Upon closure of proceedings, if a judicial decision is rendered, registration fees equal to 3% of the judgment amount will be charged to the losing party. This is an indirect tax collected by the state upon registration of an act or document in the Ministry of Finance register.
These registration fees are due when the decision imposes a judgment and the cumulative amount of judgments against the same person exceeds €12,500.
The prevailing party may be required to pay these registration fees on behalf of the losing party if the latter is financially unable to do so, up to a maximum of half the amount actually received by the prevailing party.
Payment of registration fees takes priority over the payment of the debt recognized in favor of the prevailing party. This means the losing party must first pay the registration fees before starting to pay the amount owed to the prevailing party.
4. Case Management and Professional Secrecy
Within iustica.BE, the case will be handled by one or more lawyers.
The consulted lawyer may delegate, in whole or in part, the services to be provided to another iustica.BE lawyer, a member of the lawyer networks to which iustica.BE is affiliated, or any other licensed lawyer.
iustica.BE may call upon professionals of its choice for activities outside the legal profession (notary, bailiff, expert, auditor, accountant, translator, etc.).
Lawyers are bound by professional secrecy. iustica.BE staff are subject to a confidentiality obligation.
All documents exchanged between lawyers are generally confidential. The client undertakes to respect this confidentiality and not to use in any way confidential documents transmitted by iustica.BE.
The client agrees that information obtained during the handling of their case may be retained by iustica.BE, even after the legal archiving period of the file.
5. Professional Rules and Conflict Management
The legal profession is subject to professional and ethical rules established by the relevant professional organization depending on the lawyer’s jurisdiction.
Lawyers within iustica.BE are affiliated with either the French or Dutch Bar of Brussels (see “team” section on www.iustica.be).
This professional organization establishes the professional and ethical rules binding on lawyers. Rules of the French Bar of Brussels are available in French at www.avocats.be. Rules of the Dutch Bar of Brussels are available in Dutch at www.advocaat.be.
If the client encounters difficulties with a lawyer registered with the French Bar of Brussels, they may contact the “permanence du bâtonnier” by making an appointment with the secretariat of the French Bar of Brussels, Palais de Justice, Place Poelaert – B-1000 Brussels (tel: +32 2 508 66 59). More information is available at www.barreaudebruxelles.info.
For lawyers registered with the Dutch Bar of Brussels, the client may contact the bâtonnier to explain the situation. Correspondence may be sent to: “Stafhouder van de balie Brussel, Gerechtsgebouw-Poelaertplein, B-1000 BRUSSEL (tel: +32 2 508 67 62, email: orde@baliebrussel.be).” More information is available at www.advocaat.be.
Good communication between lawyer and client is essential for resolving potential conflicts. The client is therefore invited to raise any concerns with their lawyer before initiating formal proceedings.
6. Duty to Inform and Deadlines
The client undertakes – on their own initiative or at the lawyer’s request – to provide all relevant information and documentation to the handling lawyer in a timely manner.
The client is responsible for any damage or inconvenience resulting from late, incorrect, or incomplete submission of such information or documents.
The client expressly releases the handling lawyer and iustica.BE from any liability in this regard.
If the client is aware or should be aware of any deadline or important date, they must immediately inform the handling lawyer and provide all relevant documents and information.
The handling lawyer ensures compliance with all legal deadlines.
If a client wishes a file to be handled within a specific timeframe, an express agreement must be concluded.
The client may terminate the mandate at any time. The lawyer will strive to close the file and issue a final statement of fees and expenses as soon as possible after clear instructions from the client terminating the mandate.
7. Limitation of Liability
Lawyers at iustica.BE registered with the French Bar of Brussels have professional liability insurance with ETHIAS in Liège (B-4000). Liability is limited to a maximum of €1,250,000 per claim. Coverage extends worldwide, excluding the USA and Canada.
Lawyers at iustica.BE registered with the Dutch Bar of Brussels have professional liability insurance with AMLIN in Brussels (B-1210). Liability is limited to €2,500,000 per claim for civil liability and €6,820,000 per claim for non-contractual liability. Coverage extends worldwide, excluding the USA and Canada.
8. Payment Terms
iustica.BE’s statements of fees and expenses are payable within 30 days of issuance.
In case of late payment, statutory interest is due automatically without prior reminder or formal notice.
Late payment incurs a penalty of 10% of the invoiced amount, with a minimum of €500, regardless of any procedural indemnity awarded in judicial proceedings.
iustica.BE reserves the right to suspend its services in case of late payment.
Any resulting damage will be entirely borne by the client.
9. Jurisdiction – Applicable Law
In case of a dispute between iustica.BE and the client, the courts of the Brussels district have jurisdiction. However, iustica.BE reserves the right to summon the client before the court of their domicile.
Only Belgian substantive law applies, including the ethical rules governing iustica.BE lawyers.
10. Specific Provisions for Consumers
When iustica.BE is engaged by a consumer, defined as “any natural person acting for purposes outside their commercial, industrial, craft, or professional activities” (Art. I.1, 2° Code of Economic Law), in the context of a distance contract or a contract concluded outside iustica.BE offices, the client benefits from a 14-day withdrawal period from the date of the contract conclusion with the lawyer. If the client wishes iustica.BE to start its mandate before this 14-day period expires, an express request for early intervention must be submitted.
iustica.BE informs clients that individuals with limited financial resources may seek a lawyer through the legal aid office, allowing total or partial free legal assistance. For more information on eligibility and the appointment of a pro bono lawyer, please consult www.aidejuridiquebruxelles.be, www.avocats.be, or www.baliebrussel.be.
11. Privacy Policy
iustica.BE’s privacy policy is available online at: www.iustica.be/conditions-generales/.