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Attorney's information notice

CLIENT INFORMATION NOTICE

The client – the addressee of the online communication (hereinafter the "client")

hereby declares that

Preegal advokátní kancelář s.r.o.

with its registered office in Brno, Bohunická 133/50, 619 00, Company ID: 21873160

www.preegal.cz, e-mail: info@preegal.cz

(hereinafter the "law firm")

has provided the following information notice:

Protection of personal data

  • The law firm processes the personal data it obtains in connection with the provision of its services as a personal data controller, processing such data in accordance with legal regulations, in particular Act No. 85/1996 Coll., on the Legal Profession, Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the GDPR), and Act No. 110/2019 Coll., on the Processing of Personal Data.
  • Personal data may also be provided to another representative or cooperating person chosen by the attorney on an ad hoc basis. This person is also bound by the duty of confidentiality.
  • The law firm processes the client's personal data for the purpose of fulfilling its contractual and statutory obligations (accounting, tax, etc.), when it provides legal services in accordance with the contract for the provision of legal services, or pursuant to being appointed as a representative, defence counsel, attorney-in-fact, guardian, etc. by a court or administrative decision.
  • For this purpose it processes identification data (first name, surname, title, date of birth, address of permanent residence, billing address), contact data (contact address, telephone, e-mail address) and other data depending on the nature of the matter or of the legal or other service (e.g. family circumstances, data on state of health, criminal record, etc.).
  • Personal data is processed for the duration of the cooperation and subsequently for the period arising from the archiving and shredding rules, depending on the type and content of the legal service or the activity of the controller (the law firm), or for a maximum period of 10 years.
  • The client has been informed of their right of access to personal data, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to lodge a complaint with the controller. These rights may be exercised with the controller in writing.
  • Detailed information on the protection of personal data is set out on the law firm's website under the link Protection of personal data.

Provision of complete and proper documentation

  • In order to provide effective and correct legal advice (legal services), the client must provide the law firm with comprehensive documents and information about the matter being addressed. If the client has information and is unsure whether it is relevant to the matter, they shall communicate such information to the law firm.
  • The client has been informed that the law firm is not entitled to verify the truthfulness of the statements communicated to it by the client, nor to verify the authenticity or truthfulness of evidence it is to submit on the client's behalf in proceedings, without the client's consent. The client acknowledges that by submitting forged or altered evidence in proceedings, the client may commit the criminal offence of obstruction of justice under Section 347a of the Criminal Code:
    Obstruction of justice
    Whoever, for the purposes of initiating proceedings before a court, before an international judicial body or criminal proceedings, or in such proceedings, submits physical or documentary evidence that is of material significance for the decision, knowing it to be forged or altered, with the intent that it be used as genuine, or forges or alters such evidence with the intent that it be used as genuine, shall be punished by imprisonment for up to two years.
    Whoever, alone or through another, provides, offers or promises a benefit to another or for another for the purpose of committing the criminal offence of false accusation (Section 345), false testimony and a false expert opinion (Section 346) or false interpretation (Section 347), shall be punished by imprisonment for up to three years.
    The offender shall be punished by imprisonment for one to five years,
    if they commit the act referred to in paragraph 1 or 2 with the intent to obtain a benefit for themselves or for another,
    if they commit such an act as a public official,
    if they commit such an act with the intent to seriously harm another in their employment, to disrupt their family relationships or to cause them other serious harm, or
    if they commit such an act against another who was discharging towards them a duty arising from their employment, profession, position or function, or imposed on them by law.
    The offender shall be punished by imprisonment for two to eight years,
    if they commit the act referred to in paragraph 1 or 2 as a member of an organised group,
    if they cause considerable damage by such an act, or
    if they obtain a considerable benefit for themselves or for another by such an act.
    The offender shall be punished by imprisonment for three to ten years,
    if they cause large-scale damage by the act referred to in paragraph 1 or 2, or
    if they obtain a large-scale benefit for themselves or for another by such an act.
    Section 348 of the Criminal Code further governs the criminal offence of forgery and alteration of a public document:
    Forgery and alteration of a public document
    Whoever forges a public document or substantially alters its content with the intent that it be used as genuine, or uses such a document as genuine,
    whoever procures such a document for themselves or for another or keeps it with the intent that it be used as genuine, or
    whoever produces, offers, sells, brokers or otherwise makes available, procures for themselves or for another, or keeps a tool, device or part thereof, a procedure, an aid or any other means, including a computer program, created or adapted for the forgery or alteration of a public document,
    shall be punished by imprisonment for up to three years or by a prohibition on activity.
    The offender shall be punished by imprisonment for one to six years,
    if they commit the act referred to in paragraph 1 as a member of an organised group,
    if they cause considerable damage by such an act, or
    if they obtain a considerable benefit for themselves or for another by such an act.
    The offender shall be punished by imprisonment for three to ten years,
    if they commit the act referred to in paragraph 1 as a member of an organised group operating in several countries,
    if they commit such an act with the intent to enable or facilitate the commission of a terrorist offence, the offence of participation in a terrorist group (Section 312a), the financing of terrorism (Section 312d), the support and promotion of terrorism under Section 312e(3) or threatening to commit a terrorist offence (Section 312f),
    if they cause large-scale damage by such an act, or
    if they obtain a large-scale benefit for themselves or for another by such an act.
  • The law firm may require the client, when submitting an item of evidence, to declare in writing that, according to the information available to them, it is not forged or altered evidence. If the law firm has doubts that the evidence is forged or altered and the client does not dispel those doubts, the attorney may ask the client to submit the physical or documentary evidence in person.

Success in the matter

  • The law firm is obliged to protect and assert the rights and legitimate interests of the client and to follow their instructions. However, it is not bound by the client's instructions if they conflict with a legal regulation or a professional rule.
  • In the practice of law, the law firm is also obliged to act honestly and conscientiously; it is obliged to make consistent use of all lawful means and, within their scope, to assert in the client's interest everything it believes to be beneficial. The client has also been informed that it is not always possible to anticipate the outcome of a dispute or to assume success in the matter.

Confidentiality

  • The law firm is obliged to maintain confidentiality regarding all facts of which it has become aware in connection with the provision of legal services. The law firm may be released from the duty of confidentiality only by the client and, after the client's death (or dissolution), by the client's legal successor. Section 21 of the Act on the Legal Profession sets out further cases to which the confidentiality of attorneys does not apply.
  • So that the effective provision of the legal service is not frustrated, the client should also maintain confidentiality regarding the legal strategy for resolving the dispute and related facts significant for the outcome of the dispute, as well as the know-how provided by the law firm.

Payment terms when using the online payment option

  • By submitting the form for ordering a legal service for which the price of that service is stated, the client expressly confirms that they have read and agree to the stated price.
  • The law firm is a VAT payer. If a price excluding VAT is stated here, VAT at the statutory rate will be added.
  • If online payment is chosen (e.g. by payment card), the client will be issued, after the payment is received, an invoice corresponding to the agreed price of the service.
  • If the client does not agree with the stated price, they may, instead of placing an order through the form, send the law firm a non-binding enquiry; in such a case the price of the service will be agreed individually.
  • Given the nature of legal services and their specific features, a situation may arise in which the law firm is not entitled to provide the requested legal services, for example due to a conflict of interest or other statutory or professional obstacles. In such a case, the law firm will inform the client without undue delay and will refund all payments already made to the client in full, without undue delay, no later than 14 days after discovering this fact. It will do so in the same manner in which the payments were received, unless agreed otherwise with the client.

Information for consumers, the right to withdraw from the contract – Contracts concluded by distance means or away from the law firm's premises

  • The provisions of this paragraph apply to you only if you are a Consumer (a person acting outside the scope of their business activity or outside the scope of the independent exercise of their profession) and you conclude the contract with the law firm by distance means (e.g. e-mail, telephone) or away from the law firm's premises.
  • You have the right to withdraw from the contract for the provision of legal services without giving a reason within 14 days from the day following the day on which the contract was concluded.
  • For the purposes of exercising the right of withdrawal, you must inform Preegal advokátní kancelář s.r.o., Bohunická 133/50, 619 00 Brno, info@preegal.cz, of your withdrawal from this contract by means of a unilateral legal act (for example a letter sent through a postal services operator or by e-mail). You may use the attached model withdrawal form (see Annex No. 1), but you are not obliged to do so.
  • To comply with the withdrawal deadline, it is sufficient to send the notice of withdrawal before the expiry of the relevant deadline.

Consequences of withdrawal from the contract

  • If you withdraw from this contract, we will refund to you, without undue delay and no later than 14 days from the day on which we received your notice of withdrawal from the contract, all payments we received from you, including delivery costs (except for additional costs arising from the delivery method you chose, if it is other than the cheapest method of standard delivery offered by us). We will use the same means of payment that you used for the initial transaction to make the refund, unless you have expressly determined otherwise. In no event will this give rise to any additional costs for you.
  • If you requested that the provision of services begin during the withdrawal period, you will pay us an amount proportionate to the extent of the services provided up to the time you informed us of the withdrawal from the contract, in comparison with the full extent of the services set out in the contract.

Further pre-contractual information for consumers

  • The fee for the provision of legal services is governed by the contract with the client; if the attorney's fee is not determined in this way, it is governed by the provisions of Decree No. 177/1996 Coll., the Decree of the Ministry of Justice on the fees of attorneys and the reimbursement of attorneys for the provision of legal services (the attorney's tariff). The law firm does not use automated decision-making regarding price. Unless expressly agreed otherwise, the fee does not include administrative and court fees. In the event that the law firm becomes a payer of value added tax, the fee will be increased by value added tax at the statutory rate. The law firm requires payment of an advance in the amount of the expected fee. Longer-term cooperation is billed at regular monthly intervals.
  • The contract may be concluded in the Czech or English language. The use of a foreign language will affect the amount of the attorney's fee. The client bears themselves the costs incurred when using distance communication means in connection with the conclusion of the contract (the costs of internet connection, telephone calls, intermediated identification and the conversion of documents), and these costs do not differ from the basic rate of those service providers.
  • The law firm, or each attorney acting on behalf of the law firm, is bound by the attorney's code of ethics (resolution of the Board of the Czech Bar Association No. 1/1997).
  • At the client's request, the law firm is obliged to issue the consumer with a document confirming the provision of the service, stating the date on which the service was provided. The client is entitled to assert defects in the legal service provided, without undue delay after becoming aware of the defects, but no later than two years from the date on which the service was provided. The law firm will issue the client with a confirmation of when the client asserted the right, what its content is and the manner of resolution the client is claiming. The law firm will handle the complaint without undue delay, no later than within 30 days.

Out-of-court resolution of a dispute between an attorney and a client

  • On 5 February 2016, the Czech Bar Association was entrusted by the Ministry of Industry and Trade of the Czech Republic with the out-of-court resolution of consumer disputes in the area of disputes between an attorney and a consumer arising from contracts for the provision of legal services (on the basis of Act No. 634/1992 Coll., on Consumer Protection, as amended). The website of this entrusted body is www.cak.cz.