Terms and Conditions of Legal Services
These Terms and Conditions govern the provision of legal services by Atlantic Legal Advogados.
Services are provided by José Alexander Pessanha Pereira de Melo, lawyer registered with the Portuguese Bar Association under professional licence no. 47424C, and may be carried out, where appropriate, by other lawyers associated with or collaborating with the firm, depending on the nature and requirements of the mandate.
1. Scope of Services
1.1. Legal services are provided upon the express acceptance of the mandate by the Lawyer.
1.2. The mandate commences only after written confirmation and, where applicable, upon payment of an initial retainer or advance.
1.3. Services cover exclusively the matters agreed with the Client and do not include additional phases, appeals, new proceedings or related matters requiring separate agreement.
1.4. The Lawyer acts with technical expertise, independence, impartiality, honesty, loyalty and diligence, in accordance with applicable ethical and professional rules.
The provision of legal services — including consultancy, contract drafting or review, and legal representation —
constitutes an obligation of means and not of result, and the Lawyer cannot guarantee the acceptance of proposals by third parties, the future absence of disputes, or the success of any judicial, administrative or negotiation process.
2. Fees and Expenses
2.1. The determination of fees complies with Article 105 of the Portuguese Bar Association Statute. Fees constitute fair remuneration for the services effectively provided and may take the form of fixed, variable, hourly or mixed payment structures.
2.2. In determining fees, the Lawyer considers, among other legally applicable criteria, the importance of the services provided, the complexity, difficulty and urgency of the matter,the time spent, the responsibilities assumed, the economic value or usefulness of the service or the matter, the outcome obtained, when relevant.
2.3. In the absence of a prior written fee agreement, a detailed fee note setting out the services provided will be presented to the Client, pursuant to Article 105(2) of the Bar Association Statute.
2.4. Expenses necessary for the execution of the mandate (court fees, registry fees, travel, expert fees, certified documents, etc.) are borne by the Client.
2.5. The Lawyer may request retainers or advances to ensure the continuation of services.
3. Conflicts of Interest
3.1. The Lawyer conducts a prior assessment of potential conflicts of interest.
3.2. If a conflict arises at a later stage, the Lawyer will inform the Client and act in accordance with the Portuguese Bar Association Statute.
4. Duty of Cooperation
4.1. The Client shall provide true, complete and up-to-date information, as well as all documents necessary for the mandate.
4.2. The Lawyer is not liable for delays, omissions or damages resulting from insufficient or inaccurate information provided by the Client.
5. Confidentiality and Professional Secrecy
5.1. All information provided by the Client is protected by professional secrecy, as set out in the Portuguese Bar Association Statute.
5.2. The Lawyer may only disclose information when legally required or expressly authorised by the Client.
6. Personal Data Protection
The processing of personal data is carried out in accordance with the
Privacy Policy available on the firm’s website.
7.
Communications
7.1. Communications may be made by email, telephone or other appropriate means, taking into consideration the nature of the professional relationship.
7.2. The Client acknowledges the inherent risks of electronic communications.
7.3. Relevant instructions must be confirmed in writing whenever requested.
7.4. All communications exchanged between the Lawyer and the Client are confidential and
may not be disclosed to third parties without the Lawyer’s express authorization, except where such disclosure is strictly necessary for the exercise or defense of the Client’s rights or required by law.
8.
Documents and File Retention
8.1. Documents may be stored in physical or digital form.
8.2. The Lawyer will retain documents for the legally required period, namely for a minimum of 10 years for tax and accounting purposes, and may retain certain documents for longer where necessary for the exercise or defense of rights or for compliance with professional obligations.
9. Liability
9.1. The Lawyer is liable under the general legal framework for gross negligence or willful misconduct.
9.2. The Lawyer is not responsible for acts or omissions of third parties, including courts, public entities, registries, banks, experts or service providers.
9.3. No guarantees are given regarding the success of proceedings, negotiations or any specific outcomes, nor is liability assumed for Client expectations regarding the result of the mandate.
10.
Termination of the Mandate
10.1. The Client may terminate the mandate at any time, subject to payment of fees and expenses accrued up to the date of termination.
10.2. The Lawyer may withdraw from the mandate in accordance with the law and the Bar Association Statute, ensuring, where possible, that such withdrawal does not cause undue prejudice to the Client.
11.
Governing Law and Jurisdiction
11.1. These Terms and Conditions are governed by Portuguese law.
11.2. In the event of a dispute, jurisdiction lies with the courts of the Lawyer’s professional domicile, unless otherwise required by mandatory law.