The following parties:

 Mr M.J. van Es, Advocaat, practising in Dutch laws and Dutch legal procedures and having office at Oss Noord-Brabant The Netherlands (Postbus 752 5400 AT UDEN Noord-Brabant The Netherlands), hereafter called “the lawyer”

Herafter called the “the opponent”

The Lawyer will always remain dominus litis, i.e. has the sole right to proceed in the way and fashion of handling the case, all according to the Rules and Codes of  De Nederlandse Orde van Advocaten (The Dutch Bar of Advocaten) and Dutch Civil & Procedure law.

The principal may always make known what the principal wants to achieve and how the principal believes is the way to follow, but the lawyer has always the unconditional right and obligation to decline and/or refuse the requested.

The principal will actively provide all necessary documents at the earliest possible time and will guarantee the lawyer all copies of documents entered into the case are conform its original. The principal will actively inform the lawyer of documents that are provided, that the principal is not sure to be believed correct.

The principal shall provide the lawyer  - as soon as possible - with a legal correct power of attorney for the whole duration of the time it takes for the conflict to be solved and/or for the time it takes to end the conflict be it through it’s litigation.

The lawyer has toward the principal solely an effort obligation so to obtain for the principal the best to be achieved result, all according to his knowledge and his skills. The lawyer can never be held responsible for the outcome of the case the lawyer accepted to take on. The lawyer can be held responsible for damages solely if a Dutch Court decides so when no (further) appeal can be obtained and then never for a higher amount than the lawyer is by Dutch law and rules of NOVA obligated to be insured. This also applies for the assistance that the lawyer has to obtain by a fellow Procureur outside the District of ‘s-Hertogenbosch, the Netherlands and/or the assistance of a lawyer in a foreign country. The laws, rules and codes of lawyers in a foreign country will dominate the relation between the principal and the assisting foreign lawyer. The lawyer shall be thorough in his advice for the choice of assisting foreign lawyer and the principal has concerning this, the end decision.

The lawyer will and can not accept any case from the principal on the basis of “no cure, no pay”. For taking on a case on that financial basis, is strictly prohibited by the NOVA of The Netherlands.

The lawyer will bill the principal in advance and the principal will pay the advance invoice inside the time given. The advance invoice will state the estimated hours then billed; the hour rate that is agreed upon; additional 8% of the total billed hours for office costs; the estimated costs for travel time and kilo-meters; the estimated court costs, legal governmental dues and/or bailiffs; the estimated cost of third parties such as Procureurs in other districts and or lawyers in foreign countries, all added due to Dutch V.A.T. laws (currently at 19%).

The principal is made aware that an advance invoice can be followed by (an) additional invoice(s) which could then be followed by an end invoice, all according and due to additional hours billed.

Should the lawyer and the principal agree upon a fixed price for the whole duration of the legal assistance i.e. the principald/accepted case mentioned on page 1 of this confirmation of acceptance for legal assistance, the invoice shall be paid by the principal immediately and in full to the designated bank account of the lawyer.

When the principal and the lawyer are advancing to agree to fixed price billing, a specification of the matters that are provisioned under the fixed price billing, will be set. Any matter that was not provisioned and could not be foreseen at time of agreement, will not fall under the fixed price billing and therefore can be billed at the hourly rate and normal additions such as mentioned in that specific part of this confirmation of acceptance for legal assistance.

Should there arouse relevant discontent in the way of conducting the case by the lawyer, respectively relevant discontent in the conduct of the principal, parties agree to suspend the relationship till the moment the principal has obtained other legal assistance and the lawyer is informed by written document. During the suspended relationship the lawyer is obliged to oversee the minimum legal interests of the principal, by rules and codes of NOVA.

The Complaints- and Disputes Scheme for the Dutch Legal Profession rule the relationship and the lawyer will inform at the request of the principal all the needed information.

Dutch Laws rule the relationship, the contracts and all matters relating to the legal assistance  given by the lawyer to the principal.

So agreed upon these two pages and signed in twofold by the lawyer and the principal.

Oss,                2008                                       place and country,               2008

 …………………….                                      …………………………

Mr M.J. van Es                                               Mr.     

(the lawyer)                                                   (legal representative of the principal)

The Dutch Bar Association	Conseil des Barreaux de l'Union européenne - Council of the Bars and Law Societies of the European Union
The Court of Justice of the European Communities	The United Nations International Law
Council of Europe	Society of Family & Youth Law