These Terms and Conditions set out the fundamental rules under which JUDr. Jiří Janoušek, Attorney-at-Law, and attorneys-at-law cooperating with him on a permanent basis provide legal services to clients. Legal services are provided in accordance with the applicable legal order, in particular legislation governing the practice of law, professional regulations and legislation safeguarding the legal profession.

1. LEGAL FRAMEWORK FOR THE PROVISION OF SERVICES

JUDr. Jiří Janoušek is an attorney-at-law registered in the Register of Attorneys-at-Law maintained by the Czech Bar Association and is subject to its supervisory and disciplinary authority in the practice of law.

Attorneys-at-law participating in the provision of legal services as permanently cooperating attorneys-at-law are likewise registered in the Register of Attorneys-at-Law maintained by the Czech Bar Association and are subject to its supervisory and disciplinary authority. A list of these attorneys-at-law is available on our website under the “OUR TEAM” section.

The provision of legal services is governed by the laws of the Czech Republic. The principal legal framework governing the practice of law includes, in particular, Czech Act No. 85/1996 Coll., on the Legal Profession, professional and ethical regulations adopted by the Czech Bar Association, in particular the Code of Ethics, as well as legislation protecting clients as consumers, in particular Czech Act No. 634/1992 Coll., on Consumer Protection.

2. AGREED FEES FOR LEGAL SERVICES

Legal services are provided for an agreed fee, the amount of which, or the method for determining it, is always based on a prior agreement between the attorney-at-law and the client. The specific amount of the fee is determined individually and depends, in particular, on the nature, scope, time requirements and professional complexity of the legal services provided.

Where the fee has not been agreed individually, it shall be determined in accordance with the applicable legislation, in particular Decree No. 177/1996 Coll., the Attorneys’ Tariff.

In addition to the fee for legal services, the attorney-at-law is entitled to reimbursement of out-of-pocket expenses reasonably incurred in connection with the provision of legal services. These may include, in particular, court and administrative fees, travel expenses, postage, the costs of expert opinions, translations or other similar expenses, unless paid directly by the client.

Before commencing the provision of legal services, the attorney-at-law may require the client to pay an advance towards the cost of the legal services. The advance will be credited against the legal services actually provided in the subsequent invoice.

Please note that if the client fails to pay an invoice issued for legal services duly, in full and by the due date, this may result in the termination of the provision of legal services, termination of the agreement for the provision of legal services on the grounds of loss of trust and recovery of the outstanding amount.

3. STATUTORY DUTY OF PROFESSIONAL SECRECY

Trust between the attorney-at-law and the client is an essential prerequisite for the provision of legal services.

The attorney-at-law is bound by a statutory duty of professional secrecy in respect of all facts of which the attorney-at-law becomes aware in connection with the provision of legal services. This duty of professional secrecy also applies to the attorney-at-law’s employees and other persons participating in the provision of legal services.

The attorney-at-law may be released from the duty of professional secrecy only by the client or, following the death or dissolution of the client, by the client’s legal successor. Any release of the attorney-at-law from the duty of professional secrecy by the client or by one or more of the client’s legal successors must be made in writing and addressed to the attorney-at-law.

The attorney-at-law is not bound by the duty of professional secrecy to the extent necessary in proceedings before a court or another authority where the subject matter of the proceedings is a dispute between the attorney-at-law and the client or the client’s legal successor.

4. OFFICE HOURS AND AVAILABILITY

The office is open on business days, from Monday to Friday, between 9:00 a.m. and 5:00 p.m.

In-person consultations at the law firm’s office and online meetings are available by prior arrangement by telephone or email.

Outside office hours, at weekends and on public holidays, legal services are provided only on the basis of a prior express agreement with the client.

5. CONCLUSION OF AN AGREEMENT FOR THE PROVISION OF LEGAL SERVICES

An agreement for the provision of legal services may be concluded in person at the law firm’s office, in writing, including by email or electronic data box, or by means of another method of distance communication. In fulfilment of statutory obligations, the attorney-at-law is entitled to verify the client’s identity by appropriate means.

Where the client is a consumer and the agreement for the provision of legal services is concluded at a distance or away from the attorney-at-law’s business premises, the client has the right to withdraw from the agreement without giving any reason within 14 days of its conclusion, unless otherwise provided by applicable legislation.

Where the client expressly requests that the provision of legal services commence before the expiry of this period, the client acknowledges that, in the event of withdrawal from the agreement, the client may be required to pay a proportionate part of the fee for the legal services provided up to the time of withdrawal.

6. ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (ADR)

Where the client is a natural person who concludes an agreement for the provision of legal services outside the scope of the client’s business activities or independent professional activities, the client is deemed to be a consumer.

In accordance with the conditions laid down in Czech Act No. 634/1992 Coll., on Consumer Protection, we inform clients who are consumers that the competent body for the alternative resolution of consumer disputes arising between an attorney-at-law and a client who is a consumer under an agreement for the provision of legal services is the Czech Bar Association, acting as mediator.

Contact details:

Czech Bar Association

Národní 16

110 00 Prague 1

Email: epodatelna@cak.cz

Electronic data box ID: n69admd

Website: www.cak.cz

Alternative dispute resolution proceedings are initiated upon an application submitted by the client who is a consumer, provided that the dispute could not be resolved directly with the attorney-at-law.

An application may be submitted to the Czech Bar Association no later than one year from the date on which the client who is a consumer first asserted against the attorney-at-law the right forming the subject matter of the dispute.

The proceedings are free of charge, and the average duration of the resolution of a consumer dispute is 45 days.

A form for initiating alternative dispute resolution proceedings for consumer disputes is available for download on the website of the Czech Bar Association. The form and further information on alternative dispute resolution are available at:

https://www.cak.cz/pro-verejnost-detail?section=pro-media

7. PROFESSIONAL LIABILITY INSURANCE

JUDr. Jiří Janoušek, Attorney-at-Law, holds professional liability insurance covering loss or damage caused in connection with the practice of law, to the extent and subject to the conditions laid down by applicable legislation and professional regulations.

Attorneys-at-law cooperating on a permanent basis and participating in the provision of legal services to clients are likewise insured in respect of the legal services they provide, in accordance with applicable legislation and professional regulations.

A list of the attorneys-at-law cooperating on a permanent basis is available on the website www.janousekadvokat.cz under the “OUR TEAM” section.

8. USE OF ARTIFICIAL INTELLIGENCE TOOLS (AI)

Artificial intelligence tools (“AI tools”) may be used in the provision of legal services. Such tools are used subject to due compliance with all statutory obligations of the attorney-at-law, in particular the statutory duty of professional secrecy.

In accordance with the statement issued by the Czech Bar Association following the meeting of its Board held on 11 and 12 September 2023, the client, as principal, expressly declares that the client is aware that AI tools may operate unpredictably and expressly consents to the use of AI tools in the provision of legal services on the understanding that AI may share the information entered into such tools, even where anonymised, with unspecified similar systems.

The client further acknowledges and expressly agrees that artificial intelligence (AI) tools may also be used for the administrative processing of the client file, in particular for recording and storing the client’s instructions regarding their case. This may include, for example, transcribing recordings of the client’s instructions into text format and saving them to the respective client file.