General terms
& conditions.

1. The Attorney and the Marshall & Lowell trade name

1.1. The Attorney practises law through srl AL AVOCAT, a private limited company (société à responsabilité limitée) under Belgian law, with its registered office at avenue du Bois de Chapelle 86, 1380 Lasne. The company has a secondary place of business at IT Tower, avenue Louise 480, 1050 Brussels, where clients may be received. The Attorney may be contacted at contact@marshall-lowell.be.

1.2. srl AL AVOCAT is a company in formation on the date of first publication of these terms. In accordance with Article 2:2 of the Belgian Code of Companies and Associations, commitments entered into in the name of the company in formation are assumed by the company upon its acquiring legal personality and are deemed to have been contracted by it from the outset. Until such assumption, they bind the Attorney personally. The client acknowledges and accepts this.

1.3. MARSHALL & LOWELL is the trade name under which the Attorney practises. It is neither a company nor an association of attorneys and has no legal personality. The contract is concluded exclusively between the client and the Attorney. Where other attorneys, trainee attorneys or staff work on a matter under this trade name, they do so in the name and on behalf of the Attorney, unless an engagement letter expressly identifies another contracting attorney. No joint or several liability may be inferred from the shared use of the trade name.

1.4. The Attorney is registered with the Bar and is subject to the Belgian Judicial Code, the Code of Conduct of the Ordre des barreaux francophones et germanophone de Belgique (O.B.F.G.) and the regulations of the Bar of the Brabant Wallon. These rules may be consulted at www.avocats.be. The professional title of attorney (avocat) was obtained in Belgium.

2. Formation of the contract and scope

2.1. The Attorney enters into a contract with the client, governed by these general terms and conditions, as soon as the Attorney is consulted. The contract is formed by the first request for assistance addressed to the Attorney, in whatever form (meeting, e-mail, call, delivery of documents), and without any signature being required.

2.2. For all current and future matters entrusted to the Attorney, these general terms and conditions govern the rights and obligations of the Attorney and the client, as well as the determination of fees and costs. They apply exclusively and exclude any general or specific purchasing terms of the client, even where the Attorney was aware of them and did not expressly object.

2.3. Where the Attorney has not sought the client’s express agreement to these terms but has communicated them, entrusting or maintaining a matter constitutes acceptance of these terms for that matter and for subsequent matters, subject to any amendments of which the client will be informed. Where the client received these terms only after entrusting the matter, acceptance results from the client’s failure to withdraw the matter within eight days of such communication.

2.4. An engagement letter may specify, for a given matter, the scope of the engagement, the attorney in charge, billing arrangements and any special conditions. In the event of conflict, the engagement letter prevails over these general terms for that matter only. Special conditions are not presumed and must be recorded in writing.

2.5. The Attorney is free to accept or decline any engagement and informs the client without delay. Acceptance of an engagement is in any event subject to the absence of any conflict of interest, completion of the checks referred to in Article 4 and, where applicable, payment of the requested retainer.

3. Scope and performance of the engagement

3.1. The scope of the engagement is defined by mutual agreement with the client. Unless otherwise agreed in writing, the Attorney is bound by a best-efforts obligation: the Attorney applies, with diligence and in compliance with professional rules, reasonable means to serve the client’s interests, without guaranteeing any particular result, the outcome of proceedings or the position that an authority, court or counterparty may adopt.

3.2. The client provides the Attorney, spontaneously and without delay, with all information and documents relevant to the engagement, warrants their accuracy and completeness and informs the Attorney of any new fact likely to affect the matter. The Attorney is not required to verify the accuracy of information provided, save where the law so requires. The client alone bears the consequences of incomplete, inaccurate or late information.

3.3. Unless instructed otherwise, the Attorney freely determines the strategy and legal arguments deemed most appropriate, in compliance with the client’s instructions and professional ethics. The Attorney may refuse to carry out any instruction contrary to the law, professional ethics or the client’s best interests. The client is kept informed of significant developments and receives copies of essential correspondence and documents.

3.4. With the client’s agreement, the Attorney may engage third parties (bailiffs, notaries, experts, translators, foreign counsel, correspondent attorneys). Unless otherwise agreed, such third parties are instructed in the name and on behalf of the client, who bears their cost. The Attorney is not liable for the services of such third parties, whom the Attorney nonetheless selects with care.

3.5. The Attorney may be assisted by associates, trainee attorneys or colleagues practising under the trade name or outside it, under the Attorney’s responsibility and in compliance with professional secrecy. The client accepts that the matter may be handled by several persons, the Attorney remaining the client’s responsible point of contact.

3.6. Opinions, memoranda and documents drafted by the Attorney are intended solely for the client’s use, within the matter for which they were prepared, and reflect the law and facts known at the date of issue. They may not be disclosed to third parties, reproduced or published without the Attorney’s prior consent. Intellectual property rights in such documents remain vested in the Attorney.

4. Client identification and anti-money laundering

4.1. Pursuant to the Belgian Act of 18 September 2017 on the prevention of money laundering and terrorist financing and the applicable professional rules, the Attorney is required, for the activities covered by that Act, to identify the client and, where applicable, its representatives and beneficial owners, to verify their identity on the basis of reliable documents, to obtain information on the purpose and nature of the business relationship and to exercise ongoing due diligence throughout its duration.

4.2. A client who is a natural person provides a copy of a valid identity card or passport. A client that is a legal entity provides its consolidated articles of association, a recent extract from the Crossroads Bank for Enterprises or the equivalent register, the list of its directors and authorised representatives and the identification of its beneficial owners. The client informs the Attorney without delay of any change to these elements.

4.3. Until the required checks have been completed, the Attorney may defer the start of the engagement or suspend it. Where verification proves impossible or the client refuses to cooperate, the Attorney is required not to enter into the business relationship or to terminate it, without incurring any liability on that account. Fees and costs for services already rendered remain due.

4.4. The Attorney is further required, in the cases and manner provided by the aforementioned Act, to report to the President of the Bar (Bâtonnier) information obtained in the course of the covered activities where the Attorney knows, suspects or has reasonable grounds to suspect that it is linked to money laundering or terrorist financing. This obligation does not apply to information received while assessing the client’s legal position or while defending or representing the client in judicial proceedings. The client acknowledges having been informed of these obligations and accepts that the Attorney will comply with them without notifying the client where the law prohibits such notification.

4.5. The client is informed that identification documents and records relating to transactions are retained for ten years from the end of the business relationship or the transaction, in accordance with Article 60 of the Act of 18 September 2017.

5. Fees

5.1. Unless otherwise agreed in writing, the Attorney’s fees are calculated on the basis of time spent on the matter, recorded in six-minute units, multiplied by the applicable hourly rate. The hourly rate depends on the experience of the attorney involved and the area of law concerned; current rates are communicated to the client when the matter is opened, in the engagement letter or on request. Billable time covers all work useful to the matter: meetings, calls, correspondence, review, research, drafting, negotiation, hearings, travel and waiting time.

5.2. Hourly rates may be increased, after informing the client, to reflect urgency imposed by the client, the particular complexity or technicality of the matter, the importance of the interests at stake, the international nature of the matter or work performed outside business hours, at weekends or on public holidays. Under the same conditions, the hourly rate may be combined with an additional fee linked to the result obtained, to the exclusion of any arrangement based solely on the result, in accordance with Article 446ter of the Belgian Judicial Code.

5.3. The Attorney and the client may agree in writing on a fixed fee for a defined engagement, a subscription for recurring services or a fee calculated by reference to the value of the dispute or transaction. Unless otherwise specified, a fixed fee covers the services expressly described, to the exclusion of unforeseen developments, appeals and ancillary proceedings, which are billed in accordance with Article 5.1.

5.4. Hourly rates are reviewed on 1 January of each year. The revised rates apply automatically to services rendered from that date, including in ongoing matters, without prejudice to any fixed fees agreed.

5.5. On request, the client receives a detailed statement of services rendered, indicating the date, nature and duration of each service and the identity of the person involved.

6. Costs and disbursements

6.1. The firm’s operating costs – opening and management of the file, secretarial services, typing, correspondence, telecommunications, copies, digital archiving and documentary tools – are covered by a flat charge equal to 5 % of the fees invoiced, excluding VAT. This flat charge appears on each fee note and is not itemised.

6.2. The following are not covered by this flat charge and are invoiced in addition, at cost and without mark-up, as disbursements incurred on the client’s behalf: court and registry fees, registration duties, bailiff, notary, expert, translator or foreign counsel fees, publication costs, costs of obtaining official documents, registered mail and special delivery costs, travel expenses outside the judicial districts of Brussels and Brabant Wallon (at the applicable mileage rate or the cost of the transport used) and accommodation expenses abroad. The Attorney may require that such disbursements be paid directly by the client to the third party concerned or be funded in advance.

6.3. Fees and costs are subject to VAT at the applicable rate (currently 21 %). Disbursements advanced in the name and on behalf of the client are re-invoiced outside the scope of VAT where the law so permits.

7. Retainers, invoicing and payment

7.1. The Attorney may, before commencing work and during the engagement, request one or more retainers on account of fees and costs. Retainers are invoiced, bear VAT and are set off against interim or final fee notes. The Attorney is not required to commence or continue work until the requested retainer has been paid. No interest accrues on retainers.

7.2. Fee notes are issued periodically, in principle monthly or quarterly depending on the activity in the matter, and in any event upon closing of the engagement. They separately state fees, the flat cost charge, disbursements and VAT. Fee notes are sent to the client electronically, which the client accepts.

7.3. Fee notes are payable in full within fifteen days of their date, to the account indicated on the note. Payment is made without discount, set-off or deduction.

7.4. Any dispute concerning a fee note must be notified to the Attorney in writing, with reasons, within thirty days of receipt. After that period, the fee note is deemed accepted, without prejudice to the rights mandatorily granted by law to consumer clients. The client may also request the opinion of the Council of the Bar of the Brabant Wallon on fees, in accordance with Article 446ter of the Belgian Judicial Code.

7.5. For clients who are not consumers, any fee note unpaid at the due date bears, automatically and without prior notice, late-payment interest at the rate provided by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with a lump-sum indemnity of 10 % of the unpaid amount, with a minimum of EUR 150, increased by the EUR 40 recovery cost indemnity provided by that Act, without prejudice to the costs and fees of judicial recovery.

7.6. For consumer clients, Book XIX of the Belgian Code of Economic Law applies. In the event of non-payment at the due date, the Attorney sends a first reminder free of charge. Failing payment within fourteen calendar days of that reminder, the debt is increased by late-payment interest at the rate provided by the aforementioned Act of 2 August 2002, accruing from the day following the expiry of that period, and by a lump-sum indemnity fixed as follows: EUR 20 where the outstanding balance is EUR 150 or less; EUR 30 plus 10 % of the amount due on the portion between EUR 150.01 and EUR 500 where the balance is between EUR 150.01 and EUR 500; EUR 65 plus 5 % of the amount due on the portion above EUR 500, capped at EUR 2,000, where the balance exceeds EUR 500.

7.7. In the event of non-payment of a fee note or retainer at the due date, the Attorney may, after written notice to the client, suspend the engagement in all of the client’s matters, without liability for the consequences of such suspension, in compliance with professional obligations and without prejudice to the client’s urgent and fundamental interests. Non-payment also renders all outstanding fee notes immediately due, even if not yet matured.

7.8. Where several clients entrust the same matter to the Attorney, they are jointly and severally liable for payment of fees and costs. Where services are invoiced to a third party at the client’s request, the client remains guarantor of payment.

8. Third-party funds, procedural indemnity and legal aid

8.1. Funds received by the Attorney on behalf of the client or third parties pass exclusively through the Attorney’s third-party account, separate from the Attorney’s own assets, and are transferred to their recipient as soon as possible. They do not bear interest for the client. With the client’s written consent and within the limits allowed by professional rules, the Attorney may deduct from such funds the amount of fee notes that are due and undisputed.

8.2. Any procedural indemnity (indemnité de procédure) awarded by a court belongs to the client. It is not consideration for the Attorney’s services and does not release the client from its obligations towards the Attorney. Where the client is ordered to pay a procedural indemnity to the opposing party, that amount is borne solely by the client.

8.3. A client with legal expenses insurance informs the Attorney upon opening of the matter and provides the insurer’s details and policy references. The insurer’s involvement does not alter the contractual relationship between the client and the Attorney; the client remains personally liable for fees and costs not covered by the insurer.

8.4. Where relevant, the Attorney informs the client of the possibility of applying for second-line legal aid (pro deo assistance) and judicial assistance where the client’s means are insufficient. The Attorney does not act under the second-line legal aid scheme, unless expressly agreed.

9. Liability

9.1. The Attorney’s professional liability is covered by the collective professional liability insurance policy taken out by the Ordre des barreaux francophones et germanophone de Belgique for the benefit of attorneys registered with the Bar of the Brabant Wallon. The terms of this policy, the identity of the insurer, the amount of cover and its territorial scope are provided to the client on request. At the client’s request and expense, additional insurance may be taken out for a specific matter.

9.2. Save in the case of fraud or wilful misconduct, the Attorney’s liability, on whatever basis, is limited to the amount actually paid by the insurer under the policy referred to in Article 9.1 or any additional insurance. If, for whatever reason, no indemnity is paid by the insurer, the Attorney’s liability is limited to the fees, excluding VAT, invoiced for the matter concerned during the twelve months preceding the event giving rise to the damage.

9.3. The Attorney is not liable for indirect or consequential loss, such as loss of opportunity, loss of profit, loss of business or reputational harm, nor for the consequences of incomplete, inaccurate or late information from the client, the client’s failure to follow advice given, the services of the third parties referred to in Article 3.4, or the failure of communication, messaging or hosting services used with due care.

9.4. The Attorney’s liability may be invoked only by the client, to the exclusion of any third party to whom an opinion or document may have been passed on. Without prejudice to mandatory provisions applicable to consumer clients, any claim must be notified to the Attorney in writing as soon as possible and at the latest within one year of the client becoming aware of the fact likely to give rise to the Attorney’s liability.

10. Professional secrecy, confidentiality and conflicts of interest

10.1. The Attorney is bound by professional secrecy, protected by Article 458 of the Belgian Criminal Code, with respect to everything learned in the practice of the profession. This duty also binds the Attorney’s associates and staff. Correspondence between attorneys is confidential in accordance with the Code of Conduct.

10.2. Before accepting a matter and throughout its handling, the Attorney checks for the absence of conflicts of interest. If a conflict or a serious risk of conflict is identified, the Attorney informs the client and, where necessary, ceases to act for all or some of the parties concerned, in compliance with professional secrecy.

10.3. Unless the client requests otherwise, the Attorney communicates by unencrypted e-mail and may use digital tools for file management, video-conferencing, cloud storage, legal research and drafting assistance, including artificial intelligence systems, selected with care and used in compliance with professional secrecy, data protection rules and O.B.F.G. guidance. The client accepts the risks inherent in these means of communication and informs the Attorney of any specific measures it wishes to be applied.

10.4. The Attorney may refer to the client’s name as a reference, without disclosing the content of the engagement, only with the client’s prior written consent.

11. Personal data protection

11.1. The Attorney processes personal data of the client, its representatives and other persons involved in the matter as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and the Belgian Act of 30 July 2018, for the purposes of performing the engagement, managing the client relationship, invoicing and complying with legal and professional obligations, in particular anti-money laundering obligations.

11.2. The details of such processing, retention periods, recipients of data and the rights of data subjects are set out in the MARSHALL & LOWELL Privacy Policy, available at www.marshall-lowell.law and on request. The client undertakes to bring this policy to the attention of the persons whose data it provides to the Attorney.

Privacy policy note: A dedicated Privacy Policy page is not published on this site yet. Details of personal-data processing are available on request at contact@marshall-lowell.be.

12. Termination of the engagement and retention of the file

12.1. The client may terminate the engagement at any time, in writing, without giving reasons. The Attorney may also terminate the engagement on reasonable notice appropriate to the circumstances, in particular where the relationship of trust has broken down, in the event of a conflict of interest, non-payment of fees and costs, failure to follow instructions or where continuing the engagement would be contrary to professional ethics. In such case, the Attorney ensures that the client is not deprived of the opportunity to preserve its rights.

12.2. Whatever the cause of termination, fees and costs for services rendered up to that date remain due, together with those incurred for transferring the file to the client or to new counsel. Termination does not give rise to any compensation.

12.3. Upon termination, the Attorney returns to the client, on request, the original documents entrusted to the Attorney. The Attorney retains the file, in paper or electronic form, for five years from the end of the engagement, corresponding to the limitation period for liability claims under Article 2276bis of the Belgian Civil Code, without prejudice to the ten-year period referred to in Article 4.5 for anti-money laundering records. At the end of that period, the file is destroyed without further notice. Providing a copy of the file after closure may give rise to invoicing of the related costs.

13. Provisions applicable to consumer clients

13.1. This Article applies to clients who are natural persons acting for purposes outside their trade, business or profession, within the meaning of Article I.1, 2° of the Belgian Code of Economic Law. These general terms are interpreted in accordance with the mandatory provisions of Book VI of the Code of Economic Law; any clause contrary thereto is deemed unwritten as regards the consumer, without affecting the remaining provisions.

13.2. Where the contract is concluded exclusively at a distance (by e-mail, telephone or any other means of distance communication, without the simultaneous physical presence of the parties) or away from the Attorney’s offices, the consumer client has a right of withdrawal of fourteen days from conclusion of the contract, exercised by an unambiguous statement addressed to the Attorney, for example at contact@marshall-lowell.be. A client who wishes the Attorney to begin performance before the expiry of that period makes an express request to that effect. In that case, if the client subsequently exercises the right of withdrawal, fees and costs are owed for services rendered up to notification of the withdrawal. The right of withdrawal may no longer be exercised once the engagement has been fully performed, with the client’s prior express consent, before the expiry of the period.

13.3. Without prejudice to the right to bring proceedings before the competent courts, the consumer client may submit any dispute concerning the Attorney’s services or fees to conciliation by the President of the Bar of the Brabant Wallon, to the opinion of the Council of the Bar on fees, or to the Consumer Mediation Service (North Gate II, boulevard du Roi Albert II 8, box 1, 1000 Brussels – www.mediationconsommateur.be). The European online dispute resolution platform is accessible at ec.europa.eu/odr.

14. Miscellaneous

14.1. The Attorney may amend these general terms at any time, in particular to reflect changes in legislation, professional rules or the organisation of the firm. The applicable version is the one published at www.marshall-lowell.law on the date the service is rendered. Amendments are binding on the client for services rendered after their communication; failing written objection within thirty days of such communication, the client is deemed to have accepted them.

14.2. The invalidity, unenforceability or inapplicability of any clause does not affect the validity of the remaining provisions. The clause concerned is automatically replaced by a valid provision as close as possible to the parties’ original intention.

14.3. The Attorney’s failure to rely on any provision of these terms shall not be construed as a waiver of the right to rely on it subsequently.

14.4. These general terms are drawn up in French. This English version is provided for convenience; in the event of any discrepancy, the French version prevails. Services are rendered in French, Dutch or English as the matter requires; any translation costs are borne by the client.

14.5. Communications between the Attorney and the client are validly made by e-mail to the addresses used between them. The client informs the Attorney of any change of postal or e-mail address.

15. Governing law and jurisdiction

15.1. The relationship between the Attorney and the client, including the formation, performance and termination of the engagement and the Attorney’s liability, is governed exclusively by Belgian law.

15.2. Before any legal action, the parties shall endeavour to resolve amicably any dispute concerning the Attorney’s services or fees and costs, in particular through the intervention of the President of the Bar or through mediation.

15.3. Failing an amicable solution, any dispute falls within the exclusive jurisdiction of the courts of the judicial district of the Brabant Wallon, without prejudice, for consumer clients, to the mandatory rules of territorial jurisdiction under the Belgian Judicial Code and the Code of Economic Law. The Attorney nevertheless retains the right to bring proceedings before the courts of the client’s domicile or registered office.