These General Terms and Conditions (GTC) govern the client-attorney relationship between LezziLegal, Dr.iur. Lukas Lezzi, Etzelstrasse 3 8038 Zurich (I, my), and you as my client (you, your).
The scope of my mandate is determined by the circumstances, facts, and instructions communicated by you and accepted by me. You shall provide me with all information relevant to the mandate promptly and keep me informed regarding any change in circumstances relevant to the mandate or otherwise.
I may not accept an assignment or may have to discontinue working for you if, according to legal, professional, or internal rules, there is a conflict between my duties to you and other clients or between my interests and your interests.
My advice is based on my understanding of the facts and applicable Swiss law as interpreted and applied by Swiss courts and administrative authorities (according to generally available legal sources) at the time of the advice. In addition, I will take into account selected international and EU law.
I am under no obligation to inform you or update my advice to consider any facts, circumstances, or situations (including changes in law and their interpretation or changes in practice) that may have arisen or become known after the advice was given.
You agree to provide me at any time upon request with the information necessary to conduct a conflict-of-interest review. In addition, you agree to notify me immediately if you become aware of any circumstances that you believe may constitute a potential conflict.
If in your interest and approved by you in advance, I may retain third-party law firms or other outside consultants on your behalf. I assume no responsibility for the services provided by third-party law firms or outside consultants.
I am bound by the attorney-client privilege and will treat all information received from you as confidential.
This confidentiality obligation does not apply to information (i) which can be proven to have been or to be lawfully obtained from third parties, (ii) which was generally known at the time of the engagement, or (iii) which becomes generally known after the engagement without a breach of the confidentiality obligations under these Terms and Conditions.
You agree that I may disclose relevant information in any actual or threatened legal, civil, criminal, or administrative proceeding for the defense or protection against, or enforcement of, any claim against you.
Under applicable money laundering, terrorist financing, or sanctions laws, I may be required to disclose certain information to the appropriate authorities. These obligations may, under certain circumstances, override my professional confidentiality obligations. If this would occur, I will inform you of the request or obligation to disclose.
In general, I charge for my services based on the time spent, the complexity, and the urgency of the mandate.
My fees are exclusive of taxes and expenses. I charge a flat fee as a percentage of the attorney’s fee for telephone, photocopies, and other communication and office expenses per the Swiss Bar Association guidelines.
All amounts are exclusive of any applicable value-added tax (VAT).
Unless expressly stated otherwise, any quote, estimate, or indication of anticipated attorney fees is a non-binding estimate only. In addition, any quotation, estimate, indication, fixed fee, or cap on the attorney’s fee is exclusive of disbursements, value-added tax, etc. Unless otherwise agreed, the actual amount of my fee shall be based on the actual time spent and the applicable hourly rates.
I will invoice for work incurred on regular basis (monthly or quarterly). All invoices must be paid within 30 days of receipt unless an advance covers the invoice amount.
I am permitted to use electronic means of communication without encryption (e.g., email) for communication with you or with third parties concerning your affairs.
You acknowledge that communicating electronically, e.g., by email ƒor Internet-based applications, involves risks, including, but not limited to, the risk that third parties may obtain knowledge of or alter the contents of the communication, that communication may not reach the addressee, the contents of such communication may be infected with computer viruses, tampered with, or falsified, or that a communication may be misdirected, delayed, or not received. I am not liable for any such risks. I recommend that you check all your systems, data, and communications for viruses and tampering.
For video conferences or other forms of communication and the provision of services or data storage, I may use external IT service providers or cloud providers with servers in Switzerland or abroad, which may pose risks to data security. If the client expects further information and/or special security measures, I will be contacted in advance or informed accordingly.
Professional secrecy: I am bound by the professional secrecy rules for lawyers and will treat all your information as confidential.
Storage: I store my files electronically as a matter of principle. I keep the documents that have been sent to me in the form in which they were sent to me.
Cloud: Unless I expressly agree otherwise in writing at the beginning of the mandate, I will work with solutions of the Microsoft 365 Cloud or another comparable cloud solution with servers in Switzerland for document storage and processing as well as communication (incl. email) to manage your data in a secure, efficient, and timely manner. I also use the services of bexio AG, Rapperswil, for accounting, invoicing and time recording.You expressly consent to the cloud storage of your data with a third party with servers in Switzerland (esp. the Microsoft 365 Cloud and bexio).
Document Destruction: After the legal retention period of 10 years for documents has expired, I will destroy files in paper and (if and to the extent possible) electronic form, as well as any documents and information received from you. I am not obliged to keep internal notes and documents.
I reserve the right to outsource the technical operation of my computer environment and/or my applications in whole or in part to a third-party company. I and the outsourcing company ensure the protection of the information in accordance with the legal provisions on data protection. All service providers are bound to strict confidentiality and are subject to professional secrecy.
If a service provider is based abroad, only data that is not subject to professional secrecy will be transferred.
Unless I have demonstrably caused damage intentionally or through gross negligence, liability for a breach of my duties shall be limited to (i) the amount defined in the mandate agreement or, if no amount has been defined therein, five times the fee I received from you in the relevant mandate and (ii) direct damages (excluding loss of profit, consequential damages, indirect damages, and punitive damages).
Any further liability in connection with my mandate or the contract with you or on other legal grounds and any joint and several liabilities I exclude to the extent permitted by law.
Any advice provided by me is solely for your benefit, and you may not use the results of my work for any other purpose or disclose them to any other person without my explicit consent (except for disclosure to any consultants on a “need-to-know” basis, in which case the consultants may not rely on the relevant advice provided by me).
Both you and I have the right to unilaterally terminate the assignment and any power of attorney granted on the basis thereof at any time. Until the date of termination, you shall bear any fees, disbursements, and expenses incurred as well as the fees, disbursements, and expenses necessarily associated with the termination of the engagement or the transfer of the engagement to another consultant of the client’s choice.
The sections “Confidentiality”, “Communication and Document Management”, “Limitation of Liability,” and “Governing Law and Jurisdiction” of these General Terms and Conditions shall remain valid after the termination of the Order.
The relationship between you and me shall be governed exclusively by Swiss law, excluding the conflict of laws, rules, and any international treaties.
For all disputes arising out of or in connection with the relationship between you and me, the courts in Zurich shall have exclusive jurisdiction.