Fieldfisher's lawyers, in order to practise law, must be registered with the Bar Association of their local jurisdiction where they practise in Spain. Lawyers are also regulated by the General Statute of the Spanish Bar and the Code of Ethics of the Spanish Bar.
These general terms and conditions may be varied when specific terms and conditions are agreed between the Client and Fieldfisher; in this case, the specific terms and conditions shall prevail over the general terms and conditions, insofar as they modify them.
RESPONSIBLE PARTNER OF THE CLIENT AND TEAM
2.1. The management and responsibility for each case or client corresponds to a partner, who shall be responsible for informing the Client of the progress of the work entrusted. The partner in charge shall deal with all questions that the Client may raise regarding the organisation and quality of the services provided.
2.2. The partner shall determine the team that will be involved in the matter in order to achieve maximum efficiency in the performance of the assignment. Likewise, the partner in charge, if requested by the Client or if it is necessary or convenient for the best provision of the service, may modify the assignment of professionals, informing the Client immediately.
CONFLICTS OF INTEREST AND ETHICS
Fieldfisher is a law firm with offices in Madrid and Barcelona, which represents and advises a large number of companies, individuals and administrative bodies, both national and foreign. It is possible that during the provision of the services entrusted any of our clients -past, present or future- may initiate negotiations or disputes with the Client. By signing these general terms and conditions the Client agrees that Fieldfisher may advise - or continue to advise - past, present or future clients in the future in any kind of matter, including contentious matters, even if the interests of the clients in such matters may be contrary to those of the Client. However, in the event that as a result of the services provided to the Client Fieldfisher has obtained confidential information from the Client which if known to another client could be used in another matter to the detriment of the Client's interests, Fieldfisher will develop a firewall system to prevent the lawyers handling that other client's matter in that matter from becoming aware of that information.
3.2. The Client of Fieldfisher shall be the person, company or entity that requires its services; not its relatives, nor its subsidiaries, affiliates or associated companies, nor its executives, directors, shareholders or employees, unless otherwise expressly agreed.
INFORMATION AND COMMUNICATION
4.1. The proper provision of advice or representation in court requires the Client to provide the professional in charge of the matter - at the time the information or the documentation is produced or becomes known - with all the information and documentation relevant to his advice and defence.
4.2. Professional services are provided on the basis of information, documentary or verbal, provided by the Client. Fieldfisher assumes that such information is truthful and complete, and therefore assumes no obligation to carry out additional research or investigations in relation to the relevant facts for the development of its services, other than what may be expressly agreed in the particular conditions.
4.3. Documents and correspondence concerning the Client, or the matter entrusted may be sent and received by unencrypted e-mail, via the Internet, except for those documents or information that the Client or the professional qualifies as strictly confidential, for the transmission of which the means and procedures of guarantee that Fieldfisher has foreseen for these cases or the Client requires shall be used.
4.4. It is the Client's responsibility to exercise the necessary diligence to facilitate access to or ensure the delivery of all documentation and information required by Fieldfisher at the beginning and during the execution of the agreed services. The Client shall provide such information or documentation as far in advance as is relevant and reasonable in view of the nature of the services in question, this obligation being particularly relevant in the case of services whose performance is subject to a deadline as a result of a legal mandate or administrative or other provision.
CUSTOMER DOCUMENTATION
5.1. Fieldfisher shall keep custody of the documentation relating to a given matter until the completion of the same or until such time as, for whatever reason, it ceases to represent the Client; in both cases, without prejudice to the custody and archiving obligations imposed by law.
5.2. Fieldfisher reserves the right to destroy files and documents relating to the matters entrusted to it after the expiry period of 6 years from the date on which its advice ended.
CONFIDENTIALITY
6.1. Fieldfisher and its professionals are bound by the usual commitments of a lawyer to his client, including the duty of prudence and confidentiality, subject to the qualifications, if any, established by applicable law.
6.2. A basic principle in this area is the obligation of all lawyers to respect the confidentiality of any confidential information transmitted to them by their clients that relates to the clients themselves or to third parties in the context of the matters entrusted to them by the Client, and which is not of a public nature. This confidentiality obligation exists only vis-à-vis the Client and cannot be claimed to be applicable to other related entities or subsidiaries, nor to the Client's shareholders, partners, managers, employees or family members. This obligation is not limited in time and extends not only to Fieldfisher or the lawyer in charge of the matter, but also to employees and collaborators.
6.3. The duty of confidentiality prevents Fieldfisher and its professionals from disclosing to the Client any information relating to another client - past, present or future - of which they have become aware or may become aware in the course of their professional relationship with the latter.
6.4. The advice given by Fieldfisher is solely for the Client, in whose interest it is given, and may not be used for any other matter or by third parties, or by other companies or persons in the same group other than the one to whom the advice is specifically given.
Unless otherwise stated, the Client authorises Fieldfisher to disclose its involvement in the matter if it has a public or legal interest. This does not authorise Fieldfisher to disclose information relating to the matter, which shall in any event remain confidential. Fieldfisher may include the documentation reflecting its advice in its internal documentary bases, subject in any case to preserving the duty of confidentiality.
OBLIGATION OF QUALITY AND DEFENCE OF THE INTERESTS OF THE CLIENT
7.1. Fieldfisher and its professionals undertake to advise and conduct a defence at trial with the highest level of quality and professional diligence that can reasonably be expected in the circumstances of each case. Under no circumstances is the result guaranteed.
7.2. Fieldfisher and its lawyers undertake to defend the Client's interests to the best of their ability, even in opposition to their own interests, those of a colleague or those of the profession in general.
7.3. The lawyer in charge of the matter shall act independently and shall not be obliged to accept or follow instructions from the Client that may affect his professional judgement.
PROFESSIONAL FEES
8.1. Professional fees are calculated on the basis of the time spent by the professionals involved in the matter, and on the basis of the complexity and urgency of the matter, unless in the fee proposal it is expressly agreed to apply the indicative tariff of the Bar Association that corresponds to the address of the Fieldfisher office that issues the proposal or another system for setting the fees is agreed.
8.2. Each professional is assigned an hourly rate according to their professional category and experience. The Client is entitled to know the hourly rate applicable at all times to the professionals involved in the matter. The hourly rates and the category of each professional may be reviewed - and applied - by Fieldfisher at least every calendar year.
8.3. The estimate of fees does not include the calculation of Value Added Tax (VAT), the amount of which must be added to the fees at the rate in force in each case.
8.4. The award of costs against the opposing party, in contentious matters, does not release the Client from its obligation to pay the fees and expenses that Fieldfisher proves.
8.5. If after or during the provision of the services the Client requests Fieldfisher's intervention in another professional matter, the same shall be subject to a separate quote.
EXPENSES AND ALLOWANCES
9.1. External expenses arising from the work commissioned - such as, for example, travel, journeys, messengers, stays, meals, translations, external collaborators, creation of databases or computer files of documentation relating to the case, etc. - shall be detailed in the same invoice of professional fees or in another specific invoice.
9.2. The Client shall be responsible for the engagement of the court solicitor, arbitrator or mediator, as well as any investigator, expert or expert witness to be involved in the proceedings entrusted to Fieldfisher. Their fees, tariffs or rights shall be independent of those of Fieldfisher and shall be paid directly by the Client.
9.3. The supplements or payments on behalf of the Client, such as notaries, registries, solicitors, court or other fees, investigators, managers, advertisements in the press and official gazettes, taxes, which are accrued for a particular job, may be met by Fieldfisher after obtaining the corresponding provision of funds. Otherwise, the above condition shall apply.
9.4. All costs and expenses are (where required by law) subject to VAT, which is payable by the customer.
INVOICING AND COLLECTION
10.1. Invoicing of professional fees and expenses incurred is carried out on a monthly basis within the first 15 calendar days of each month.
10.2. Invoices must be paid in full within 30 calendar days from the date of issue.
10.3. In accordance with the law, Fieldfisher reserves the right to charge interest for late payment in the event of non-payment or unjustified delay.
10.4. Minutes and invoices shall be paid in the currency in which they are denominated, unless otherwise agreed in advance with the Client. Fieldfisher reserves the right to demand credit for any costs incurred in converting payment into this currency.
10.5. The Client shall bear all bank charges and fees related to the payment of fees when a specific collection procedure is imposed by the Client.
10.6 In the event that Fieldfisher has in its possession or at its disposal money of the Client, whether on deposit or otherwise, Fieldfisher may, unless otherwise agreed, apply such money to the payment of sums owed to it by the Client. Fieldfisher shall always give notice to the Client prior to any such act of disposal.
INTERRUPTION OF SERVICES PROVIDED
11.1. Fieldfisher reserves the right to interrupt the work commissioned if the Client does not pay its bills or invoices within the established period, in compliance with the applicable legislation and ethical standards. This same interruption may be applied to any of the matters that the Client, his relatives, his managers, his parent company, his subsidiaries or associated companies have entrusted to Fieldfisher, until such time as all outstanding debts are settled. If more than one month has elapsed since the suspension of the work, Fieldfisher may definitively withdraw from the representation of the Client and initiate the claim for payment of the fees.
11.2. In no case shall the interruption of the provision of the service entail the loss of rights for the Client prior to the cessation of the activity and, where appropriate, it shall be notified by the professional acting to the Courts, Tribunals and other bodies in which the proceedings are carried out and, in any case, before the twenty days prior to the holding, where appropriate, of trials or hearings.
FINALISATION OF THE PROCUREMENT OF SERVICES
12.1. Upon settlement and payment of the amounts due and payable, the Client may terminate the professional relationship with Fieldfisher, without the need to invoke any cause to justify its decision.
12.2. Fieldfisher may withdraw from representing a client in any case where the client's conduct or ethical principles are in conflict with those followed by Fieldfisher without prejudice to its taking the necessary precautions to preserve the rights and interests of the Client, as well as its right to settle the fees derived from the services rendered up to that moment.
DATA PROTECTION
Fieldfisher undertakes to use the personal data to which it may have access in the provision of the specific legal service commissioned exclusively for that service, in accordance with the instructions of the Client and the Professional Statute of the Bar and always in accordance with the provisions of current regulations on data protection, Fieldfisher will not communicate such data to third parties, except where strictly necessary by law, for the defence of the interests of the Client or with the prior consent of the latter. Fieldfisher shall cease to process such data as soon as it is no longer necessary for the provision of the services ordered and, at the simple request of the Client, shall return or destroy the documentation obtained and generated in the context of the provision of the service containing personal data, protecting it in the meantime with appropriate security measures established in the data protection regulations. In this regard, in the event that Fieldfisher is considered to be in charge of the processing of Customer data, Fieldfisher will sign a processing contract with the Customer in accordance with the provisions set out in this link: https://www.fieldfisher.com/es-es/privacy-notice.
13.2. Your personal data will also be used for the purpose of sending you promotional information about our activities, products and services. The use of your data for promotional purposes is fully authorised by the regulations in force, as these are commercial communications relating to FIELDFISHER services in the field of legal advice services, and are of a similar nature to those that motivate the relationship between FIELDFISHER and you, or between FIELDFISHER and the organisation for which you collaborate. You may request, now or at any time thereafter, that we do not send you commercial communications from our firm, by sending a request exercising your right of objection to the following e-mail address: protecciondatos@fieldfisher.es
13.3. The rights of access, rectification, cancellation and opposition may be exercised by sending a request to the above email address, or to Fieldfisher , Paseo de Gracia, 103, 08008 Barcelona.
13.4. For further information about the processing of your personal data, or about how and where you can lodge a complaint about the processing of your data, you can consult our Privacy Policy at https://www.fieldfisher.com/es-es/privacy-notice
PREVENTION OF MONEY LAUNDERING
14.1. Current legislation considers all legal services firms to be obliged to cooperate in the prevention of money laundering. In compliance with this legislation, Fieldfisher is subject - among other obligations - to the strict requirement to identify clients, which may oblige it to request information and documentation proving the identity of end clients or to carry out searches in appropriate databases. Failure to obtain such documentation and/or information within a reasonable time, when requested, may result in Fieldfisher not accepting the assignment.
OTHER ADVISORS
15.1. Fieldfisher may provide the Client with the names of other professionals to advise on a particular matter or aspect. In no event shall Fieldfisher accept any responsibility for the performance, reputation or ability of the person or firm recommended, nor shall Fieldfisher supervise or control the work of such person or firm.
Fieldfisher will in no event receive any fees or commissions paid by the firm or the recommended person.
LIABILITY FOR DAMAGES. LIMITATION
16.1. Fieldfisher shall be liable, within the limits provided by law, for any damages that may be caused to the Client and are attributable to Fieldfisher or its professionals, when they have committed fraud or gross negligence.
16.2. The liability of Fieldfisher or its professionals for any damage caused shall be limited to the following:
16.2.1. The damages for which Fieldfisher or its professionals shall be liable shall be those which are the direct consequence of an event foreseen or foreseeable at the time of acceptance of the relevant proposal for services and fees and which are attributable to Fieldfisher or its professionals.
16.2.2. The amount of compensation shall be the amount of the damages indicated in the previous point that are proven, with a maximum limit of: (i) three times the amount of the fees received by J Fieldfisher for the service contracted, if it is a one-off or specific advice, whose duration is less than one year; or (ii) of the fees received by Fieldfisher for one year of provision, if the services in question were of a recurring or continuous nature or if their duration exceeds one year.
THIRD PARTY LIABILITY
17.1. The Client may only claim civil liability from Fieldfisher if the damage is the result of an act or omission which, according to the regulations governing the practice of law in Spain, can be classified as gross professional negligence.
17.2. The Client waives the right to directly address a claim for civil liability against partners, lawyers or employees of Fieldfisher, and must, if necessary, address it against Fieldfisher, except in the case of fraudulent intent. Such limitation shall not affect Fieldfisher's right to claim what it is legally entitled to against the tortfeasor.
PRESCRIPTION
18.1. The right to claim compensation for damages prescribes twelve (12) months - or eighteen (18) months if Catalan civil law is applicable - after the occurrence of the event or events that caused them and for which Fieldfisher or its professionals are directly or indirectly responsible.
APPLICATION
19.1. All Fieldfisher professionals are subject to the duty to ensure compliance with these conditions.
19.2. These terms and conditions may be modified by Fieldfisher without the consent of any third party, but the modification shall not have retroactive effect.
19.3. Should any of these conditions be null and void, their nullity shall not prejudice the remaining conditions, which shall remain fully and validly applicable.
19.4. Advice received by the Client shall be deemed to have been given under these terms and conditions.
19.5. These general terms and conditions shall apply to any other advice or action given or taken in the future on behalf of the same client, unless the provisions of paragraph 19.2 above apply or new terms and conditions are agreed.
SPECIAL CONDITIONS
20.1. These general terms and conditions shall not preclude that, in the corresponding proposal of services and fees, specific terms and conditions of engagement may be agreed between the Client and Fieldfisher. In such a case, the specific terms and conditions agreed - which shall have been approved by the General Management - shall take precedence over the general terms and conditions, but these shall also form part of the agreement between The Client and Fieldfisher.
LANGUAGE
21.1. The general contracting conditions, written in Spanish, shall always prevail over any other text written in any other language.
NOTIFICATIONS AND COMMUNICATIONS
22.1. Communications and notices from one party to the other party in connection with the Contract shall be sent to the following addresses, or to such other addresses as may be substituted for them and duly notified:
Fieldfisher, the trading name of LEGAL Y TRIBUTARIO SLP, is part of Fieldfisher Global, based at Paseo de Gracia 103, 7th floor, 08008 Barcelona, Spain.
The Client:
The address given in the Letter of Order.
22.2. By signing these general terms and conditions, the Client consents to the use of electronic mail as a means of communication. The non-acceptance of communications by the aforementioned means shall require the express written expression of will in that sense by the Customer. The acceptance by the Client of communications by e-mail with Fieldfisher also implies the assumption of the risks inherent to the security and confidentiality of this type of communications, both parties committing themselves to carry out the corresponding virus checks.