TERMS FOR CORONA REPRESENTATION MANDATES

MANDATE FOR ANALYSIS AND REPRESENTATION

De Micco & Friends Madrid, C./ Alcalá, 149; 3rd Floor, 28009 Madrid, Spain
(hereinafter referred to as “De Micco & Friends”)

I.) The Mandate

De Micco & Friends represents injured parties suffering damages from the coronavirus pandemic against the parties causing the losses that occurred as a result of measures and recommendations. The Client hereby concludes a mandate for legal analysis of its case and legal representation before the respective competent courts. Representation before courts as a claimant requires the Client’s separate written confirmation. The Client hereby authorises De Micco & Friends to act as its representative before the competent courts in the course of an individual or class action.

II.) Conditions

  1. The Client initially commissions De Micco & Friends with the legal analysis of its case. In the analysis, a determination will be made with respect to compensation for damages: against whom the claim can be asserted, in what form and before which court.  
  2. For this purpose, the Client shall provide the case description and all evidence in digital form. Only PDF documents can be processed.
  3. The analysis includes the examination, assessment of the evidence submitted and the assessment of the case’s likelihood of success in a court action and the determination of a competent court. Verification by De Micco & Friends of the documents submitted is not included in the mandate.
  4. The Client shall ensure that only authentic and verified evidence is provided.
  5. The Client shall ensure that all information regarding the case corresponds to the complete truth.
  6. De Micco & Friends is entitled at any time to decline cases without providing a reason. In the event a case is declined, payments made by the Client will be fully refunded.
  7. If the result of the analysis is positive, the Client can determine whether and in what form to bring the legal action. In this case, the amount already paid for the analysis will be fully credited towards the flat-rate legal costs. The Client must provide written confirmation of its participation in the process. Payment of the fixed fee for the action shall be regarded as confirmation.
  8. If the result is negative, De Micco & Friends will recommend not to bring a court action. At that point, participation in a class action suit is also not possible. The paid fee will not be refunded.  
  9. The Client hereby authorises De Micco & Friends to provide its legal representation. De Micco & Friends is hereby authorised to approve any of the lawyers in its network to act as a subcontracted cooperating partner in the representation and to execute the mandate.
  10. The Client is aware of the risks of initiating and carrying out litigation. De Micco offers no guarantee regarding the outcome of the process or the acceptance of a claim by the competent courts. The Client confirms that it has no claim of any kind to a refund of paid fees in the event that the competent courts refuse its case or if the case is lost. To the extent that a settlement is proposed in a class action, the Client accepts the judgment and authorises De Micco & Friends to process the acceptance and implementation of the judgment.
  11. De Micco & Friends commits to the observance of absolute confidentiality vis-a-vis third parties regarding the case and all documents, information and evidence transferred to De Micco & Friends in verbal, written or digital form. All data will be stored on the De Micco & Friends Microsoft Cloud IT system under the strictest security measures; the Client declares its agreement with this procedure.
  12. Upon written request, the Client can be named on De Micco & Friends web pages, in the media and in brochures.
  13. The Client may publicise its activity in the coronavirus case on its own website with a link to the De Micco & Friends website: www.lawyers-auditors.com/corona.html.

III.) Conditions and Fees

  1. De Micco & Friends will be compensated as follows for its services. Both the analysis, as well as any possible action, are subject to a fixed fee. Please select the estimated amount of damages relevant to your case.

The Client hereby commissions the following services:

I would like to take part in a possible class action suit for the following costs. The commissioning of the analysis is hereby binding. Participation in a lawsuit takes place subject to a written confirmation following the analysis.

Amount of damages:

Analysis

Fixed fee for class action lawsuits

€ 10,000 to 100,000:

€ 600.00

€ 1,200.00

€ 100,000 to 500,000:

€ 900.00

€ 2,900.00

€ 501,000 to 1 million:

€ 1,500.00

€ 3,900.00

€ 1 million to 5 million:

€ 2,500.00

€ 4,900.00

€ 5 million to 10 million:

€ 3,500.00

€ 7,900.00

€ 10 million to 50 million:

€ 4,500.00

€ 9,500.00

€ 50 million to 100 million:

€ 5,500.00

€ 19,500.00

€ 100 to 500 million:

€ 6,500.00

€ 29,000.00

Over € 500 million

€ 10,000.00

€ 49,000.00

All prices are exclusive of VAT.

I would like to file an individual action for the following costs. The commissioning of the analysis is hereby binding. Development and filing of a lawsuit is subject to a written confirmation following the analysis.

Amount of damages:

Analysis

Fixed fee for individual action

€ 50,000 to 100,000:

€ 800.00

€ 11,900.00

€ 100,000 to 500,000:

€ 2,500.00

10% of damage value

€ 501,000 to 1 million:

€ 10,000.00

9% of damage value

€ 1 million to 5 million:

€ 15,500.00

8% of damage value

€ 5 million to 10 million:

€ 20,000.00

7% of damage value

€ 10 million to 50 million:

€ 30,000.00

6% of damage value

€ 50 million to 100 million:

€ 35,000.00

4,5% of damage value

€ 100 to 500 million:

€ 40,000.00

3.5% of damage value

Over € 500 million

€ 45,000.00

3% of damage value

 

  1. The fixed fees cover legal costs, administrative costs for implementing the project and the lawyers and experts commissioned by De Micco & Friends.
  2. If the case is successful, a contingent fee of 15% is agreed. The contingent fee relates only to amounts actually claimed and paid to the Client and is payable to De Micco & Friends upon payment to the Client. The contingent fee shall also apply to judicial and out-of-court settlements. De Micco & Friends is hereby commissioned to request and receive compensation on behalf of the Client and to make proportional payment to the Client. The agreed due contingent fee will be calculated upon payment to the Client and deducted from the amount. 
  3. Any costs for notaries, certifications or translations are not included in the fees.  In the event that unexpected costs arise, the Client will be informed in advance regarding these, and the Client’s agreement will be requested.
  4. Paid fixed fees are non-refundable. Mandates shall only be initiated upon payment.
  5. Payment of contested claims shall be made into the following Client account:

Company, Name of recipient

 

Bank:

 

Bank address:

 

IBAN, account number:

 

SWIFT Code/BIC:

 

 

IV.) Terms, Termination of the Mandate

The term of the mandate corresponds to the duration of the action. The mandate is limited to the court of first instance. The mandate shall end with a judgment or a judicial or out-of-court settlement. In the event of a positive outcome, the mandate shall end upon payment of the achieved amount of compensation. The agreement can be terminated by the Client for good cause subject to 3 months’ notice. In the event of termination, all supplied data and documents are to be returned by De Micco & Friends to the Client. In the event of termination, the Client is not entitled to a refund of paid fixed fees. If the moment of termination occurs during the process that has already been initiated, this shall not prevent De Micco & Friends from claiming the agreed contingent fee.

 

V.) Confidentiality and Place of Jurisdiction

Both parties agree to keep the content of this agreement confidential. Spanish law shall apply exclusively. Madrid, Spain is hereby agreed as the place of jurisdiction.

 

 
Madrid, dated.