1. Scope
1.1. The terms and conditions of engagement apply to all activities and judicial/administrative and extrajudicial representation undertaken in the course of a contractual relationship (hereinafter also referred to as ‘mandate’) between the attorney at law (hereinafter referred to simply as ‘attorney’ or ‘lawyer’) and the client.
1.2. The terms and conditions of engagement also apply to new mandates, unless otherwise agreed in writing.
2. Mandate and power of attorney
2.1. The attorney is entitled and obliged to represent the client to the extent necessary and expedient for the fulfilment of the mandate. If the legal situation changes after the end of the mandate, the attorney is not obliged to inform the client of any changes or the consequences thereof.
2.2. A precise specification of the scope of services of the mandate may be agreed between the solicitor and the client in writing (by email).
2.3. Upon request, the client shall sign a written power of attorney for the attorney. This power of attorney may be directed at the performance of individual, precisely defined or all possible legal transactions or legal acts.
3. Principles of representation
3.1. The attorney shall conduct the representation entrusted to him in accordance with the law and shall represent the rights and interests of the client vis-à-vis everyone with diligence, loyalty and conscientiousness.
3.2. The attorney is generally entitled to perform his services at his own discretion and to take all steps, in particular to use means of attack and defence in any way, as long as this does not contradict the client’s instructions, his conscience or the law.
3.3. If the client gives the lawyer an instruction whose observance is incompatible with the principles of proper professional practice of a lawyer based on the law or other professional rules (e.g., the “Guidelines for the Practice of the Legal Profession” [RL-BA 2015] or the case law of the Supreme Appeals and Disciplinary Commission for Lawyers and Trainee Lawyers [OBDK], now the Appeals and Disciplinary Senates for Lawyers and Trainee Lawyers at the Supreme Court), the lawyer must refuse the instruction. If, in the lawyer’s opinion, instructions are inappropriate or even detrimental to the client, the lawyer must inform the client of the possible adverse consequences before carrying them out.
3.4. In cases of imminent danger, the attorney is entitled to take or refrain from taking action that is not expressly covered by the mandate or that conflicts with an instruction given, if this appears to be urgently necessary in the client’s interest.
3.5. After completing our consultation for a specific project, the attorney is not obliged to update his services.
4. Client’s duties to provide information and cooperate
4.1. After the mandate has been issued, the client is obliged to immediately provide the lawyer with all information and facts that could be relevant to the execution of the mandate and to make all necessary documents and evidence available. The attorney is entitled to assume that the information, facts, documents, records, and evidence are accurate, unless their inaccuracy is obvious. The attorney shall endeavor to ensure the completeness and accuracy of the facts by specifically questioning the client and/or other appropriate means. The second sentence of point 4.1 applies to the accuracy of supplementary information.
4.2. During the term of the mandate, the client is obliged to inform the lawyer immediately of any changed or new circumstances that could be relevant to the execution of the mandate as soon as they become known.
4.3. If the attorney acts as a contract drafter, the client is obligated to provide the attorney with all information necessary for the self-calculation of real estate transfer tax, registration fees, and real estate income tax. If the attorney performs the self-calculations on the basis of the information provided by the client, he is in any case released from any liability to the client in this regard. The client, on the other hand, is obliged to indemnify and hold the lawyer harmless in the event of financial losses should the client’s information prove to be incorrect.
4.4. Due to legal provisions for the prevention of money laundering and terrorist financing, the attorney is obligated to perform certain checks in transactions that are prone to money laundering. These include, for example, determining the parties, the beneficial owner(s), and their identity. The attorney must also examine the purpose of the transaction and, if applicable, the origin of the funds. In such transactions, the client is obliged to provide or transmit to the lawyer all information and relevant evidence requested in this connection, completely and truthfully and without delay. This also applies if the lawyer requests such information on behalf of a bank involved.
5. Duty of confidentiality and exceptions thereto, conflict of interest
5.1. The lawyer is obliged to maintain confidentiality regarding all matters entrusted to him and all facts that have come to his knowledge in his professional capacity, the confidentiality of which is in the interest of his client.
5.2. Insofar as this is necessary to pursue claims of the lawyer (in particular claims for the lawyer’s fees) or to defend against claims against the lawyer (in particular claims for damages by the client or third parties against the lawyer), the lawyer is released from the duty of confidentiality.
5.3. The client is aware that, in certain cases, the attorney is obliged by law to provide information or reports to authorities without having to obtain the client’s consent; in particular, reference is made to the provisions on money laundering and terrorist financing as well as to provisions of tax law (e.g., the Account Register and Account Inspection Act, GMSG, etc.).
5.4. The client may release the attorney from the duty of confidentiality at any time. The release from confidentiality by his client does not relieve the attorney of the obligation to check whether his statement is in the interest of his client. If the lawyer acts as a mediator or collaborative lawyer, he must exercise his right to confidentiality despite his release from the duty of confidentiality.
6. Attorney’s duty to report
6.1. The attorney shall inform the client to an appropriate extent, either verbally or in writing, of the actions he has taken in connection with the mandate.
7. Sub-authorization and substitution
7.1. It is agreed that the attorney may be represented by another attorney (sub-authorization). In the event of temporary incapacity, the attorney may, in accordance with § 14 RAO, transfer the mandate or individual partial actions to another attorney (substitution). In the event of sub-authorization or substitution to another attorney, the substitute shall only be liable for negligence in selection.
8. Fees
8.1. In principle, all services shall be invoiced monthly in arrears based on the actual time spent in accordance with the agreed hourly rate.
8.2. If billing at an hourly rate is agreed, the smallest billable time unit is 10 minutes. For each 10-minute unit commenced, 1/6 (one sixth) of the hourly rate will be charged. Travel time and other activities outside the lawyer’s office premises will be charged at the full hourly rate. The lawyer is entitled to request advance payment of costs.
8.3. An hourly rate of EUR 300.00 plus VAT and cash expenses applies, unless otherwise agreed in writing.
8.4. For services between 8:00 p.m. and 8:00 a.m. (nighttime) on working days, as well as for services on Saturdays, Sundays, and public holidays, double the hourly rate is agreed (§ 16 AHK).
8.5. The attorney is entitled to adjust the hourly rates. The hourly rates are index-linked and may be adjusted on April 1 of each year.
8.6. In the case of court proceedings, billing may be agreed in accordance with the provisions of the Lawyers’ Fees Act and the General Fee Criteria, based on either an agreed assessment basis or one to be determined in accordance with the provisions of the Lawyers’ Fees Act or the General Fee Criteria. If no basis for assessment can be determined in accordance with the Lawyers’ Fees Act or the General Fee Criteria and no separate basis for assessment has been agreed, a basis for assessment of EUR 10,000.00 shall apply. In such a case, the fees shall be calculated on the basis of the currently valid “General Fee Criteria” (AHK) adopted by the Austrian Bar Association.
8.7. In the event of representation before an authority in connection with administrative penalty proceedings, disciplinary proceedings, or before a public prosecutor’s office or criminal court, which ends with the discontinuation of proceedings, acquittal, or other successful outcome, a success fee of 50% of the total net fee may be charged.
8.8. In any case, the lawyer is entitled to a reasonable fee.
8.9. Instead of charging expenses individually, the attorney is entitled to charge a flat-rate expense allowance of up to 3% of the fee (excluding VAT) for the expenses incurred.
8.10. Even if a fee reduced in relation to the RATG has been agreed, the lawyer shall also be entitled to the amount of costs recovered from the opposing party in excess of this fee, insofar as this can be collected.
8.11. If the client or someone associated with the client sends the lawyer an email that is not addressed to him but is only sent to him as cc or bcc, the lawyer is not obliged to read this email without an express request. If the lawyer reads the email sent to him, he is entitled to remuneration for this as for comparable services in accordance with the RATG or AHK.
8.12. The fee due to/agreed with the lawyer shall be increased by the statutory value added tax, the necessary and reasonable expenses (e.g., for travel, telephone, fax, copies), and the cash expenses paid on behalf of the client (e.g., court fees).
8.13. The client acknowledges that any estimate made by the lawyer regarding the amount of the expected fee that is not expressly designated as binding is non-binding and cannot be regarded as a binding cost estimate (for consumers within the meaning of Section 5 (2) KSchG), because the extent of the services to be provided by the attorney cannot be reliably assessed in advance due to their nature.
8.14. For entrepreneurs only: A fee note sent to the client shall be deemed approved if the client does not object in writing within one month of receipt.
8.15. The client shall not be charged for the time and effort involved in billing and preparing fee notes. However, this does not apply to the time and effort involved in translating service specifications into a language other than German at the client’s request. Unless otherwise agreed, the costs incurred for letters written at the client’s request to the client’s auditor, in which, for example, the status of pending cases, a risk assessment for the creation of provisions, and/or the status of outstanding fees as of the reporting date are stated, shall be charged.
8.16. The attorney is entitled to issue fee notes and demand advance payments at any time, but at least once a month.
8.17. Fee notes are due upon receipt by the client and must be paid within 14 days without any expenses or deductions.
8.18. The offsetting of claims – regardless of their alleged legal basis – against fee claims by the attorney is excluded.
8.19. For consumers: If the client defaults on payment of all or part of the fee, they shall pay the attorney statutory interest at a rate of 4% p.a. If the client is responsible for the default in payment, they shall reimburse the attorney for any additional actual interest losses. Any further legal claims (in particular § 1333 ABGB) remain unaffected.
8.20. For entrepreneurs: If the client defaults on payment of all or part of the fee, he shall pay the lawyer default interest at the statutory rate of 4% in any case. If the client is responsible for the delay in payment, the statutory interest rate shall be 9.2 percentage points above the respective base interest rate, and the client shall also reimburse the attorney for any additional actual damages incurred. Any further legal claims (e.g., § 1333 ABGB) remain unaffected.
8.21. All court and administrative costs (cash expenses) and expenses (e.g., for purchased third-party services) incurred in the performance of the mandate may be forwarded to the client for direct payment at the attorney’s discretion.
8.22. If an order is placed by several clients in a legal matter, they shall be jointly and severally liable for all claims of the attorney arising therefrom. If the clients are consumers, they shall only be jointly and severally liable if the services of the attorney under the mandate are not divisible and were not clearly provided for only one client.
8.23. The client’s claims for reimbursement of costs against the opposing party are hereby assigned to the attorney in the amount of the attorney’s fee claim as soon as they arise. The attorney is entitled to notify the opposing party of the assignment at any time.
9. Liability of the attorney
9.1. The attorney’s liability for incorrect advice or representation is limited to the insurance sum available for the specific case of damage for consumers in the event of slight negligence and for entrepreneurs in the event of both gross and slight negligence, but shall be at least equal to the insurance sum specified in § 21a RAO as amended. This currently amounts to EUR 400,000 (in words: four hundred thousand euros).
9.2. The maximum amount applicable in accordance with point 9.1. covers all claims against the attorney for incorrect advice and/or representation, such as, in particular, claims for damages and price reductions. This maximum amount does not include claims by the client for reimbursement of fees paid to the attorney. Any deductibles do not reduce liability. The maximum amount applicable under clause 9.1 refers to one insured event. If there are two or more competing injured parties (clients), the maximum amount for each individual injured party shall be reduced in proportion to the amount of the claims.
9.3. When a law firm is commissioned, the limitations of liability pursuant to Sections 9.1. and 9.2. shall also apply in favor of all attorneys working for the firm (as its partners, managing directors, employed attorneys, or in any other capacity).
9.4. The attorney shall only be liable for third parties (in particular external experts) commissioned to perform individual partial services within the scope of the provision of services who are neither employees nor partners in the event of negligence in their selection.
9.5. The lawyer shall only be liable to his client, not to third parties. The client is obliged to expressly inform third parties who come into contact with the lawyer’s services due to the client’s involvement of this circumstance; this shall be done with the lawyer being held completely harmless and indemnified.
9.6. The lawyer shall only be liable for knowledge of foreign law if this has been agreed in writing or if he has offered to examine foreign law. The law of EU member states shall also be considered foreign law.
10. Limitation period/preclusion
10.1. For entrepreneurs only: Unless a shorter limitation or preclusion period applies by law, all claims against the attorney shall lapse if they are not asserted in court by the client within six months of the date on which the client becomes aware of the damage and the person responsible for it or of the event giving rise to the claim, but at the latest after five years have elapsed since the conduct (infringement) causing the damage (giving rise to the claim).
11. Client’s legal expenses insurance
11.1. If the client has legal expenses insurance, they must notify the lawyer immediately and submit the necessary documents (if available).
11.2. The notification of legal expenses insurance by the client and the obtaining of legal expenses coverage by the attorney shall not affect the attorney’s fee claim against the client and shall not be construed as the attorney’s agreement to accept the benefits provided by the legal expenses insurance as payment of the fee.
11.3. The lawyer is not obliged to claim the fee directly from the legal expenses insurer, but may demand the entire fee from the client.
12. Termination of the mandate
12.1. The mandate may be terminated by the lawyer or the client at any time without notice and without giving reasons. The lawyer’s fee claim remains unaffected by this.
12.2. In the event of termination by the client or the attorney, the attorney shall continue to represent the client for a period of 14 days to the extent necessary to protect the client from legal disadvantages. This obligation shall not apply if the client revokes the mandate and expresses that he does not wish the attorney to continue his activities.
13. Obligation to return documents
13.1. Upon termination of the contractual relationship, the attorney shall, upon request, return the original documents belonging to the client to the client. The attorney is entitled to retain copies of these documents.
13.2. If, after the end of the mandate, the client requests documents (copies of documents) that he has already received in the course of the mandate, the costs shall be borne by the client.
13.3. The attorney is obliged to retain the files for a period of five years after termination of the mandate. If longer statutory periods apply for the duration of the retention obligation, these must be observed. The client agrees to the destruction of the files (including original documents) after expiry of the retention obligation.
14. Choice of law and place of jurisdiction
14.1. The general terms and conditions of the mandate and the client relationship governed by them are subject to Austrian substantive law, with the exception of referral provisions.
14.2. For legal disputes arising from or in connection with the contractual relationship governed by the terms and conditions of the mandate, including disputes about its validity, the exclusive jurisdiction of the competent court in Vienna, Innere Stadt, is agreed, unless mandatory law provides otherwise. However, the attorney is entitled to bring claims against the client before any other court in Austria or abroad in whose jurisdiction the client has its registered office, place of residence, a branch office, or assets.
15. Final provisions
15.1. Amendments or additions to these terms and conditions of engagement must be made in writing to be valid.
15.2. Declarations made by the attorney to the client shall in any case be deemed to have been received if they are sent to the address provided by the client when the engagement was granted or to the amended address subsequently communicated in writing. However, unless otherwise agreed, the attorney may correspond with the client in any manner he deems appropriate, in particular by email to the email address provided by the client to the attorney for the purpose of communication. If the client sends emails to the attorney from other email addresses, the attorney may also communicate with the client via these email addresses. Unless otherwise specified, declarations to be made in writing in accordance with these terms and conditions may also be made by fax or email.
15.3. Unless otherwise instructed in writing by the client, the lawyer is entitled to conduct email correspondence with the client in unencrypted form. The client declares that they are aware of the associated risks (in particular access, confidentiality, alteration of messages during transmission) and the possibility of context mining, and that they agree, in full knowledge of these risks, that email correspondence will not be encrypted.
(As of December 21, 2025)