Vom Berg • Torres • Keydel

The basis for the fees charged for our services is the legal charges system, according to the German Lawyers' Remuneration Act (RVG, which can be seen at www.brak.de/seiten/pdf/aktuelles/RVGeinspaltig.pdf). The sum of fees is adjusted in accordance with the value of the subject of legal activity.

Of course, our fees can also be agreed on an individual basis.

For example, agreement on basic fees, calculated according to the number of hours spent on the matter, is common.

For matters requiring long-term legal advice, we offer a combination that integrates a system of fixed annual fees, plus the additional hours at a lower rate than usual. This option is particularly suitable for those clients who require many hours of advice and who would like to use our services to resolve all the legal questions that may arise.

It is also possible to agree on fees depending on the time spent on the matter with a price limit, defined by a maximum time period or a specific sum. Moreover, it is also possible to obtain discounts in the form of percentage reductions in relation to the number of hours. In cases where the value of the subject in question is high, it is recommended that fees are agreed in advance.

To summarise, we offer a wide range of possibilities to enable our clients to find the method of payment that is most convenient for them.

If our clients wish, we can provide a detailed list of the services provided. Clients can also request an outline of the state of their account regularly.
We will be very happy to answer any questions concerning our fees, either in person, by telephone or by e-mail at info@vomberg.org.

Throughout our years of practice in the world of legal advocacy, we have focused on preventative advice. It is always more economical to revise and adapt contracts in force (for example employment, supply or service contracts), general conditions of contract, promotional activity and catalogues to the constant modifications in the law.

We examine, within the framework of our analysis of the situation, the current situation of contracts in force, the general conditions of contract, promotional activity and the catalogues of our clients, always mindful of the changing legal situation and jurisprudence. We also monitor time frames in order to make the best use of the possibilities for rescission and to prevent automatic extensions of contracts.

When our inspection is finished, our client is provided with a checklist to enable them to avoid legal controversy. In this way, our clients avoid those costs that would be incurred if they were to let important dates pass by or to become involved in long legal proceedings.

To summarise, our analysis of the legal situation is an excellent way to ensure increased efficiency, the controlled management of contracts and reduced costs.

Medium-sized enterprises have more and more contractual relationships with foreign contracting parties. Export companies and their suppliers benefit far more from the growing international dynamic than companies focusing on internal trade. Above all, medium-sized enterprises have the possibility of increasing their competitiveness thanks to the relocation of production and the exploration of new consumer markets.

One of our specialist areas has been developed in the field of commercial relations with Spain. We help our clients in negotiations and finalising contracts with Spanish contracting parties, negotiations which we can carry out in German, English or Spanish.

In addition, we offer young companies an ideal platform and the necessary contacts to enter the Spanish market.

We have a group of lawyers in Barcelona that naturally dominates Spanish language and jurisprudence, and that has an excellent network of contacts. Together with our office in Düsseldorf, they provide advice to both businesspeople and businesses concerning their commercial activity in Spain, and also advise Spanish companies on their activities in Germany.

We provide advice in the following areas:

• Advice and inspection of general conditions of contract.
• Advice on the existence and the creation of companies (particularly in Germany and Spain).
• Commercial representation law.
• Product liability.

We offer our clients corporate legal advice focused on the interests of our clients.
Our clients receive full advice, as we do not only take into account questions concerning corporate law, but also queries relating to company, fiscal and Community law matters.
We advise our client companies not only at the time of setting up their companies, but also:

• During the construction and structuring of intra-company relationships, between employers, employers' organisations, supervisory committees and workers.
• In the choice of the company legal form.
• In the formation of legal relationships with third parties.
• In company purchases and sales, changes or mergers together with changes in the structure of the company.
• In the regulation of succession in the company.

In addition to this, we advise our clients on any question that may arise in their role as partner, director, manager, or as member of an inspection, consultation or administrative committee.
We also draw up the necessary agreements and social and company contracts and additionally provide help during contractual negotiations.
Even when our clients take their companies beyond German borders, we continue to offer our services and can offer the same quality of service from our worldwide network.

The brand is fundamental to product positioning and integrity. Developing and looking after brands is complicated and important. So that our clients can construct their brand properly from the outset, we take charge from the registering of the brand not only of avoiding all danger of confusion, but also of investigating the capacity of Internet web domains. In this way, our clients are sure not only of a satisfactory launch onto the market, but also of the suitable profile and positioning for their brand.

We offer advice to our clients in the following areas:

• Market research.
• Trademark registration (German/International).
• Obtaining trademark rights.
• Representation in cases of contradiction in trademark registration.
• Representation in cases of warnings of omissions.
• Advice in the preparation of advertising material.
• Stipulations of licensing contracts.

The consequences of the insolvency of companies are worth considering: around 62 billion Euros owed in the year 2002 and around 42 billion Euros in the year 2003. This debt is in large part unrecoverable.

Often the cause of the failure of claims for insolvency is related to bad management of debt recovery on the part of the company. We take responsibility for our clients' debt recovery. From the payment order to the affidavit, we "accompany" our clients so that they recover their debts.

In contrast to debt recovery companies, we can provide legal advice and direction to our clients. Debt recovery companies cannot provide legal advice. Moreover, the debtor should pay our fees by way of delayed interest, while the fees of the debt recovery company are not paid by the debtor. In addition to this, we do not charge what debt recovery firms classify as a success fee, from 5% to 7%. On principal, our fees are paid by the debtor.

Competition is increasing year after year. This situation requires a continual renewal of the structure and model of work of our clients.

For example, we advise our clients on the flexibility of working times regulations. By this means, our clients ensure that their clients are satisfied and also enjoy improved staffing costs.

For example, we have succeeded in reaching agreements between companies and employees according to which working hours can be lengthened without this implying a total readjustment of salaries. This measure is of great interest to our clients, because they can increase sales with the same staffing levels.

In the area of collective employment law, we have helped companies to prepare and approve company agreements and social plans.

We provide advice in the area of employment law, in particular on the following subjects:

• Retirement models (company pension plans, including matters related to questions of social and fiscal rights).
• Liquidation proposals.
• Staff restructuring due to sales/mergers.
• Creation of employment contracts for managers, managerial staff and non-managerial staff.
• Anti-discrimination laws.
• Negotiations with the Works Council.
• Drafting and revision of the guidelines for personnel, company negotiations and social plans.

Many of our clients look for a holiday home in Spain due to the good weather conditions. For many of our clients, property is of fundamental importance as a form of financial investment and economic security.

We advise our clients in matters of Property Law and provide them with legal help both for their purchases and in their search for the suitable property in the ideal location. We represent our clients in contractual negotiations right up to the exchange of contracts and lastly we supervise the development and the fulfilment of the contracts.

Our activity begins with the first thoughts of property purchase and continues right up until the property is acquired.

In the case of the purchase of rented properties, we advise our clients on the contracts of administration, rental and usufruct that they assume as purchasers, and we then supervise those contracts for which, for example, we see that there are rights of rescission.

Given that purchasing property often involves extremely complex problems, our advisory activity puts particular emphasis on the following areas:

• Advice on the purchase, sale, and transfer of property and horizontal property together with rights over property (succession rights, easement, usufruct and mortgages)
• Administration of horizontal property
• Advice on questions concerning co-owners
• Projection and execution of contracts for purchase, rental, usufruct and administration
• Legal help in the search for the right property.

Cooperation with tax consultants

Unions between people of different nationalities can also present significant difficulties, even today. This has led us to emphasise international legal matters in our activities and to provide advice on questions of inheritance, marriage and divorce.
We offer advice to our clients in particular on the following matters:

• Divorce
• Rights in property arising out of a matrimonial relationship
• Drawing up of marriage contracts
  
• Regulations relating to paternity
• Regulation of guardianship
• Drafts and advice in the writing of wills
• Advice and representation on matters of inheritance

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