Legal services agreement with a lawyer

Under a legal services agreement, a client instructs a lawyer to undertake specified legal work. This may include consultations, drafting opinions and documents, discussing expert reports and representation in proceedings. The relationship has the character of a contract of mandate, while the special rules of the Bar Act also apply.

What work is instructed and how must it be performed?

The client is the principal and the lawyer is the mandatary. Under Article 281 of the Obligations and Contracts Act (ZZD), the mandatary must perform the mandate with the care of a prudent person, within the obligations undertaken. The agreement should specify the work for which fees are payable, the proceedings or court instances covered, payments and expenses.

The agreement and the power of attorney serve different purposes. The agreement governs the work instructed and the relationship with the client, while the power of attorney determines the authority to represent the client. The rules on authorisation are in Article 25 of the Bar Act.

Can the client revoke the lawyer’s authority?

Yes. Article 26(1) of the Bar Act allows the client to revoke the lawyer’s authority at any time. This right must be distinguished from the question of what fees remain payable.

Under Article 26(2), where revocation is unjustified, the lawyer is entitled to the full fee; where revocation is justified, fees are payable only for the work performed. Whether revocation is justified is assessed against the particular facts, the agreement and the evidence of the work carried out.

The general rule in Article 288 of the ZZD provides that revocation of a mandate does not deprive the mandatary of the right to claim expenses and the agreed fee. If performance becomes impossible, expenses incurred and a fee corresponding to the work performed are payable. In an agreement with a lawyer, these rules must be considered alongside the special provisions governing lawyers’ fees.

Withdrawal by the lawyer and non-performance of the agreement

Revocation by the client is different from withdrawal by the lawyer. Article 35 of the Bar Act imposes special conditions on withdrawal by defence counsel and by a lawyer representing a client, and requires notification of the client. Loss of trust therefore does not mean that either may unconditionally discontinue their work.

Where non-performance is alleged, the specific obligation, the actions taken and the documents must be examined. Rescission under Article 87 of the ZZD is considered where the statutory conditions are met; it does not follow automatically from the client’s dissatisfaction. Revocation of authority alone likewise does not resolve a dispute over a refund or further payment of fees.

What documents should you prepare?

Keep the agreement, power of attorney, payment records, correspondence, documents drafted and notices of revocation or withdrawal. These allow an assessment of the scope of the instructions, the work performed and the amounts payable.

For advice on the agreement and your specific rights, you can contact Tomovi Law Firm.

Statutory sources: Bar Act — Articles 25, 26 and 35; Obligations and Contracts Act — Articles 87, 281 and 288.