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Ayres Pereira, Moutinho & Associados – Sociedade de Advogados, SP RL
Client Guide
Ayres Pereira, Moutinho & Associados – Sociedade de Advogados, SP RL
Client Guide
1. CLIENT
The Client of the APM is the entity that is mentioned first in all communications and that should, in principle, correspond to the entity that issues and appoints, if applicable, the necessary powers of attorney and legal mandates; the Invoices / Receipts / Expense Notes and Fees will always be sent to this entity, even if they must or may be paid by third parties.
2. OVERVIEW OF SERVICES
2.1. The scope of APM's work will comprise what is explicitly requested as well as counselling on the options available to the Client and the financial implications of each.
2.2. APM's commitment extends to representation in litigation and/or in other proceedings deemed necessary.
3. DEADLINES
APM will provide a realistic estimate of when an entrusted matter can be expected to be resolved.
4. TEAM
Any member of the APM team may be appointed to work on any of the entrusted matters, however, there will always be one person in charge of managing the overall relationship with the Client.
5. FEES AND EXPENSES
5.1. The criteria established in the Portuguese Bar Association's Statutes will be respected and, in all matters, APM will seek to provide a service that is financially beneficial; whenever possible, an attempt will be made to set fees in accordance with the individual or commercial circumstances of each Client, taking as a given that the chosen method offers a return that is reasonable for APM and is consistent with the nature and extent of the above services; fixed fees may also consider other factors, such as the complexity, difficulty or urgency of the matter, or even the importance that it has for the Client.
5.2. If an hourly rate is agreed for the work of the team in charge of each matter entrusted, the relevant invoice will be issued on a monthly basis, unless the Client expressly requests other frequency, which is also accepted by APM. 5.3. Each matter entrusted will have its own bookkeeping and records, unless the Client expresses the will to consider a global treatment with other matters entrusted to APM.
5.4. Initially, a calculation will be made of the probable fees for each matter entrusted, based on the best estimate, which in turn is based on the initial and possible perception of the matter and on experience of the difficulty and amount of work that it will imply; however, it is well known that the estimate of fees is an imprecise exercise and that, despite all the precautions taken, the estimate provided does not constitute a fixed fee; therefore, if during the course of the matter the estimate provided is exceeded, the Client will be informed as soon as possible and a revision of the estimate will be made.
5.5. In addition to fees, expenses will be paid before or after being executed, subject to supporting evidence; substantial or extraordinary expenses, such as a significant overtime, expert services and long-distance travel, will be discussed and agreed in advance.
5.6. APM is available to discuss a wide variety of other fee options, such as planned prices, price/hour combinations, conditional agreements, fee-fixing agreements, or other forms of billing.
6. SCOPE OF THE SERVICES
APM provides a complete range of legal services to individuals and collective entities in the main legal areas and fields, including specific legal issues, forensic practice and consultancy.
7. TEAMWORK
7.1. APM strongly believes in the value of teamwork, not only as a more effective way of allocating resources, but also as a way of promoting a pleasant and trusting working relationship.
7.2. Besides being the source of the formal instructions, the Client, individually or through (1) either its management / board (2) or its duly appointed representative, is also a crucial member of the team.
7.3. The Client's employees may need to carry out certain tasks that are necessary for APM to do its work effectively, more quickly and more economically.
8. EXTERNAL CONSULTANTS AND EXPERTS
8.1. APM may inform the Client of the need to engage specialised lawyers, foreign lawyers or other consultants.
8.2. Their involvement will always be subject to a specific agreement with the Client.
8.3. APM maintains a database of highly qualified individuals and organisations on which it can rely, who can provide recommendations based on their previous experience of working with APM.
9. EXPANDING CLIENT RELATIONSHIPS
In addition to carrying out specific tasks related to a particular issue, APM can also provide advice in several forms, including:
9.1.1. In return for a fixed fee, the Client may consult a team of lawyers to obtain advice in specific legal fields within a short time and without the need for lengthy instructions.
9.1.2. The only restriction is that the time spent on each matter should not normally exceed one hour.
9.1.3. This solution allows the Client to be more active, to avoid problems and to be advised in advance, without having to worry about fees.
9.2.1. Risk analysis is based on the idea that prevention is better than cure.
9.2.2. A structured and comprehensive forecast of a particular legal issue in legal transactions can be of great benefit in the long term, and less costly than sporadic "judicial or extrajudicial disputes".
9.3.1. APM may inform the Client of the most significant changes in the Law that may affect the course of its business decisions.
9.3.2. APM may also collaborate in the training of the Client's management and staff, either on an ad hoc basis or as part of its training programme.
At the Client's request, informative news on legal updates, as well as conference and seminar programmes can be provided.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Client has the right and licence to use copies of the material prepared for it by APM, but only for the particular purpose for which it was developed.
10.2. However, all copyright and other intellectual property rights in all documents, reports, opinions, written advice and other materials provided remain the property of APM.
10.3. If the Client wishes to use copies of this material for a purpose other than that for which it was created, it must first obtain APM's permission.
11. VAT
11.1. Any value added tax or other taxes charged on the amounts invoiced by APM are payable in addition to the fees and expenses set out, and shall be indicated on the corresponding invoice/receipt.
11.2. If the Client has agreed with a third party that the payments due are made by this third party, the latter will normally not have the means to reclaim any VAT and the Client will be liable to APM for the payment of the invoices, expenses and fees due.
12. EXPENSES NOTES AND FEES / INVOICES
If the amounts owed to APM are not paid within 30 days of the date on which they were requested, APM reserves the right to: (1) charge interest at the legal commercial rate until payment is made; (2) suspend the provision of services in all matters entrusted to APM by the Client; (3) and/or terminate the existing contractual professional relationship; (4) cumulatively with the above, all invoices, expense notes and fees will become immediately due and payable, without the need to notify the Client or make any claim.
13. TERMINATION OF THE CONTRACT
13.1. The Client may at any time request that APM ceases to work on any of the matters entrusted to it by expressing that intention in writing.
13.2. Likewise, APM may suspend its services in any of the entrusted matters by written notice, but only if there are reasonable grounds for.
14. PREVAILING CLAUSES
If there is a conflict between this "Client Guide" and any specific clauses agreed with the Client on a particular matter, those specific clauses will prevail.
15. APPLICABLE LAW AND JURISDICTION
Any dispute will be subject to the exclusive jurisdiction of the Portuguese Courts, without prejudice to recourse to Arbitration as provided by the Law.