Terms & Conditions (v. 12/2023)


1. Introduction


These are the terms and conditions that govern our professional relationship with you as our client. 

Fisch Legal, a Luxembourg société à responsabilité limitée, is the contracting party responsible for providing services to you. By engaging our services, whether through electronic communication or any other form, you agree to be bound by these terms. Please note that specific provisions in the engagement letter or special terms may alter or override certain aspects of these terms, except for clause 13. If no such provisions are included, these terms will apply in full to our relationship with you. It is important to note that we reserve the right to amend these terms at our sole discretion, and the latest version will always prevail.


2. Confidentiality


At Fisch Legal, we uphold strict rules on professional confidentiality as mandated by Luxembourg law and the rules of the Luxembourg Bar. We are committed to not disclosing any client-related information unless required by law, professional regulations, or with your explicit instruction. You can find more details about our confidentiality practices in our Privacy Policy on our website. 


3. Conflicts of interest


Avoiding conflicts of interest is of utmost importance to us. We have internal procedures and conduct reasonable conflict check verifications to minimize the occurrence of conflicts. However, in certain cases, we may accept instructions from other clients whose commercial interests conflict with yours, but we will always strive to resolve any conflicts through discussions and by adhering to professional rules. If a conflict of interest arises that cannot be resolved, we may need to terminate our relationship. In such cases, we may also act for other clients whose interests may be contrary to yours, as long as we comply with the applicable rules of professional conduct.


4. Limitation of liability


Please note that our liability towards our clients, except in cases of gross negligence or willful misconduct, is limited. In all circumstances, our liability will be capped at the lower of five times our net fees received or one million euros. We will not be responsible for any indirect or consequential loss or damages, or for any loss caused by third-party professionals selected by us on your instruction and/or with your approval. We are authorized to accept limitations of liability from third-party professionals unless otherwise instructed by you.


5. Anti-money laundering rules


As part of our obligations, we are required to identify our clients in compliance with applicable anti-money laundering regulations. This identification process is conducted according to our internal know-your-customer procedure, which may be amended from time to time to align with legal requirements. Additionally, we have a legal obligation to report any suspicions or reasonable grounds to suspect money laundering, financing of terrorism, or any related activities. In such cases, we may not inform you of the reporting, as our legal obligation overrides our duty to professional secrecy.


6. Mandatory disclosure rules on aggressive tax planning


As a law firm registered with the Luxembourg Bar, Fisch Legal is exempt from the reporting obligation under the DAC6 Law. However, if we determine that an arrangement we have been involved in is reportable, we are required to notify any EU-based intermediaries known to us or, in the absence of such intermediaries, the taxpayer. Any time spent on obligations and analyses related to the DAC6 Law will be subject to our standard fee rates, unless otherwise specified in the special terms and conditions of our engagement.


7. Records and archiving


According to Luxembourg law, we are legally obligated to retain client records for five years following the completion of our assignment, unless specific circumstances apply. After this period, we may choose to destroy client files or maintain them in accordance with applicable retention periods outlined in our Privacy Policy on our website.


8. Data protection


At Fisch Legal, we process personal data in accordance with applicable data protection rules and legislation, including Regulation (EU) 2016/679. We handle personal data related to existing and former client files, lawyers, and counterparties while ensuring compliance with all relevant privacy provisions. For more information, please refer to our Privacy Policy on our website.


9. Intellectual Property


Fisch Legal holds all intellectual property rights to the legal advice, know-how, and documents produced by our lawyers and employees. Without our prior written permission, clients are not permitted to reproduce or use such materials for purposes other than those directly related to the matter for which they were provided. It is also prohibited to reproduce our intellectual property, including logos, trademarks, website materials, without our written consent.


10. Use of information relating to public transactions


We may use publicly available information related to transactions or matters in which we have acted for you for publication on our website and for marketing purposes, such as participation in league tables or communication to legal professional guides. However, we will always respect any objections you may have regarding the use of such information.


11. Form of invoices - Participation in automated billing systems


Please note that our invoices are compiled and issued through our internal billing system. Unless we have specifically agreed to participate in your electronic billing system before commencing an assignment, we will not be obligated to use it for the approval and payment of our invoices.


12. Termination


Both parties have the right to terminate our engagement at any time without stating any reasons. Upon termination, you will be required to settle any outstanding fees and disbursements incurred up to the date of termination.


13. Completion of a matter or instruction


Unless otherwise indicated, a matter or instruction will be considered completed upon the submission of the final invoice related to that specific matter or instruction. This will not affect any instances where completion can be evidenced at an earlier date.


14. Governing law and jurisdiction


Our relationship with you, the services we provide, and these terms are governed by Luxembourg law. Any disputes arising in connection with these terms or our engagement will be subject to the exclusive jurisdiction of the courts in the judicial district of Luxembourg City. Please note that any claims brought before the competent court must be filed within three years from the date of completion of a matter or instruction to avoid being barred by lapse of time.


We value our relationship with you and are committed to providing you with the highest level of service. If you have any questions or require further clarification on any of the above, please do not hesitate to contact us.


(Last updated 1/12/2023)