Terms and Conditions
These General Terms and Conditions (GTC) govern the client-attorney relationship between LezziLegal, Dr. iur. Lukas Lezzi, Stockerstrasse 43, 8002 Zurich (we, us), and you as our client (you, your).
1. Mandate
The scope of our engagement is determined by the circumstances, facts, and instructions you have provided and that we have accepted. You will provide us with all information relevant to the engagement in a timely manner and keep us informed of any changes in circumstances that are relevant to the engagement or otherwise.
We may have to decline an engagement or cease providing services to you if, under statutory, professional, or internal regulations, there is a conflict between our obligations to you and those to other clients, or between our interests and yours.
Our advice is based on our understanding of the facts and applicable Swiss law as interpreted and applied by Swiss courts and/or administrative authorities (according to publicly available legal sources) at the time the advice is provided. We will also take into account selected provisions of international and EU law.
We are not obligated to inform you or to update our advice to reflect facts, circumstances, or situations (including changes in the law and its interpretation or changes in practice) that have arisen or become known after the advice was provided.
You agree to provide us, upon request, with the information necessary to conduct a conflict-of-interest review at any time. In addition, you agree to notify us immediately if you become aware of any circumstances that, in your opinion, could constitute a potential conflict.
2. Engagement of third-party law firms and external consultants
Provided it is in your best interest and you have given your prior approval, we may engage third-party law firms or other external consultants on your behalf. We assume no responsibility for the services provided by such third-party law firms or external consultants.
3. Confidentiality
We are bound by attorney-client privilege and will treat all information we receive from you as confidential.
This confidentiality obligation does not apply to information (i) that has been or will be demonstrably obtained lawfully from third parties, (ii) that was generally known at the time the engagement began, or (iii) that becomes generally known after the engagement begins without any breach of the confidentiality obligations set forth in these Terms and Conditions.
You agree that we may disclose relevant information in the event of actual or threatened judicial, civil, criminal, or administrative proceedings to defend or protect ourselves against you or to enforce claims against you.
We may be required under applicable anti-money laundering, counter-terrorism financing, or sanctions regulations to disclose certain information to the relevant authorities. Under certain circumstances, these obligations may override our professional confidentiality obligations. Should this occur, we will inform you of the request or disclosure obligation to the extent permitted and possible.
4. Fees and Expenses
In general, we bill for our services based on the time spent, the complexity, and the urgency of the assignment.
Our fees do not include taxes or expenses. We charge a flat fee, calculated as a percentage of the attorney’s fee, to cover telephone, photocopying, and other communication and office expenses, in accordance with the guidelines of the Swiss Bar Association.
All amounts are exclusive of any applicable value-added tax (VAT).
Unless expressly stated otherwise, any offer, cost estimate, or indication of anticipated attorney’s fees constitutes only a non-binding estimate. Furthermore, all cost estimates, fee estimates, figures, fixed fees, and upper limits for attorneys’ fees are exclusive of out-of-pocket expenses, value-added tax, etc. Unless otherwise agreed, the actual amount of our fee is based on the actual time spent and the applicable hourly rates.
We issue invoices for the work performed on a regular basis (e.g., monthly or quarterly). All invoices must be paid within 30 days of receipt, unless the invoice amount is covered by an advance payment.
5. Communication and Document Management
You agree that we may use unencrypted electronic means of communication (e.g., email) to communicate with you or with third parties regarding your affairs. You acknowledge that electronic communication, such as via email or internet-based applications, involves risks—in particular, the risk that third parties may gain access to or alter the content of such communications, that a communication may not reach the intended recipient, that the content of such a communication may be infected with computer viruses, manipulated, or falsified, or that a communication may be misdirected, delayed, or not received. We are not liable for such risks. We recommend that you check all your systems, data, and communications for viruses and tampering.
For video conferences or other forms of communication, as well as for the provision of services or data storage, we may use external IT service providers or cloud providers with servers located in Switzerland or abroad, which may pose risks to data security. If the client expects further information and/or specific security measures, we must be contacted in advance or informed accordingly.
6. Professional Confidentiality / Retention of Information
Attorney-Client Privilege: We are bound by attorney-client privilege and will treat all of your information as confidential.
Storage: We generally store our records electronically. We store the documents sent to us in the format in which they were sent to us.
Cloud: Unless we expressly agree otherwise in writing at the start of the engagement, we use Microsoft 365 Cloud solutions or another comparable cloud solution with servers in Switzerland for document storage, processing, and communication (including email) to manage your data securely, efficiently, and in a modern manner. We also use the services of bexio AG, Rapperswil, for accounting, invoicing, and time tracking. You expressly consent to the cloud storage of your data with a third party that has servers in Switzerland (specifically the Microsoft 365 Cloud and bexio).
Document Destruction: Once the statutory 10-year retention period for documents has expired, we may destroy files in paper form and (if and to the extent possible) in electronic form, as well as all documents and information received from you. We are not required to retain internal notes and records.
7. Engagement of Auxiliary Personnel
We reserve the right to outsource the technical operation of our computer environment and/or our applications, in whole or in part, to a third-party company. We and the outsourcing company guarantee the protection of information in accordance with the statutory provisions on data protection. All service providers are bound by strict confidentiality and are subject to professional secrecy.
If a service provider is based abroad, only data that is not subject to professional confidentiality will be transferred.
8. Limitation of Liability
Unless we can be shown to have caused damage intentionally or through gross negligence, our liability for a breach of our obligations is limited to (i) the amount specified in the engagement agreement or, if no amount is specified therein, five times the fee we received from you for the relevant engagement, and (ii) direct damages (excluding lost profits, consequential damages, indirect damages, and punitive damages).
We exclude any further liability in connection with our engagement or the agreement with you, or arising from other legal grounds, as well as any joint and several liability, to the extent permitted by law.
Any advice we provide is intended solely for your benefit, and you may not use the results of our work for any other purpose or disclose them to any other person without our explicit consent (except for disclosure to any consultants on a “need-to-know” basis, provided that such consultants may not rely on the advice we have provided).
9. Termination
Both you and we have the right to unilaterally terminate the engagement and any power of attorney granted on the basis thereof at any time. Until the date of termination, you shall be responsible for any fees, out-of-pocket expenses, and costs incurred, as well as any fees, out-of-pocket expenses, and costs necessarily associated with the termination of the engagement or the transfer of the engagement to another consultant of the client’s choosing.
The sections titled “Confidentiality,” “Communication and Document Management,” “Limitation of Liability,” and “Governing Law and Jurisdiction” of these General Terms and Conditions shall remain in effect even after the termination of the engagement.
10. Governing Law and Jurisdiction
The relationship between you and us is governed exclusively by Swiss law, to the exclusion of conflict-of-laws principles and any applicable international treaties.
Any disputes arising out of or in connection with the relationship between you and us shall be subject exclusively to the jurisdiction of the courts in Zurich.
