You will find more information about our services below.
In the case of a law firm one first of all thinks of the provision of advice and litigation. The Clairfort specialists do that as well. However, in addition to that, we are involved in drafting and evaluating contracts, we can supply project lawyers and we have experienced mediators.
The provision of advice about your legal position and further strategy constitutes an important aspect of our work. We welcome the opportunity to act as your sparring partner.
This may already occur at an early stage, for example, when a new project is being developed. Clairfort can help obtain clarity as to what needs to be arranged in legal terms and what the best sequence is for any steps that are to be taken. We can contribute ideas as to how a new project should be structured under company law and how you may secure your intellectual property rights as best possible in this respect. We can also provide advice concerning the possibility of recruiting staff or engaging sole traders.
The Clairfort team frequently serves as the factor binding all of the parties involved, for example, in the case of a construction or property project. We assume responsibility for the substantive alignment of documents and processes in the course of a tendering process, negotiations or contracting.
Naturally, the risks need to be clear, although we also examine what is possible. Ultimately, it is up to the client themself to make a decision but we dare to present clear advice in this respect. We also set out the information that is required in order to be able to weigh up matters properly.
If you are involved in a dispute with another party and wish to take action to put an end to an unjust situation or if you yourself are held liable, we can also be of service to you. We will examine the case and then estimate your chances. We will also discuss with you what your goals are. Based on that, we will then advise you on any further steps and the costs involved.
Achieving a settlement is usually the best solution for the purposes of ending a dispute. It may be surprising to hear a lawyer say this. However, we understand that you would prefer to do business rather than be involved in legal disputes. Should litigation ensue, Clairfort has very experienced and successful litigation lawyers.
An amicable settlement may save time, energy and expense, and it is for this reason that we always examine whether such a settlement is possible. Should this not be the case, it may be necessary to take further legal action. The law provides various avenues for this purpose. This could involve instituting summary or substantive proceedings, or arranging an attachment. The latter may also be an option in order to secure certain evidence.
Litigation is an expertise in its own right. Our lawyers conduct litigation before district courts, courts of appeal, the Council of State, the Netherlands Arbitration Institute (NAI) and the Arbitration Board. All of those bodies have their own procedural rules. Because only specialists work for Clairfort, we can avoid legal pitfalls and we are aware of the state of the art in relation to procedural law.
Negotiating and drafting contracts constitute an important part of the legal services that we provide. A properly drafted agreement makes it clear to all of the parties to it what their rights, obligations and expectations are. Clairfort also provides contract management.
In some cases a single page may be sufficiently clear to reflect the parties’ agreement (in general terms). In other cases it may be wise to clarify as much as possible. This depends on the parties’ interests. It goes without saying that the scope of an agreement will also have an impact on the costs involved, hence a commercial assessment in this respect would also be required.
We always discuss which form would be the most suitable one in the relevant situation. Whatever the case, it is advisable to arrange certain matters properly, because this may prevent confusion and difficulties from occurring at a later stage. Consider, for instance, matters such as liability, financial arrangements and the term of an agreement. In the case of international collaboration it may be a good idea to determine which court of law will enjoy jurisdiction and which law will govern the relevant agreement.
We can also assess a contract which your contracting partner sends to you. In the course of a quick scan we can indicate what risks are involved and, if required, we can amend the relevant provisions for you.
Clairfort works together with foreign law firms in the event that a contract needs to be drafted or assessed on the basis of foreign law.
Finally, we look forward to being of service to you in managing your contracts. In this way you will always be aware of the latest version of an agreement or general terms and conditions, and we will keep them up-to-date.
Amongst other things, Clairfort’s specialists are in their element when it comes to general terms and conditions, agreements in the fields of distribution, franchising and agencies, those governing the exercise and assignment of intellectual property rights, IT and employment contracts, agreements concluded for the purposes of mergers and acquisitions, and the letters of intent and financing and UAV-GC 2005 agreements required in this respect. There are actually few agreements which we are unable to draft and assess.
Clairfort can also supply lawyers for projects. Should you require a lawyer or attorney-at-law who is available on site for a fixed number of hours per week or month, this is possible. This may occur on a permanent or project basis. As such, Clairfort’s specialists can familiarise themselves intimately with your business and share ideas directly for practical purposes.
In this way Clairfort can assist with the successful execution of projects and other matters. Our lawyers can advise the directors and management team on the legal opportunities and risks. In addition, they can serve as a permanent, low-threshold point of contact for staff who encounter legal issues. This may be beneficial, because “prevention is better than cure” also applies in our field.
In the case of major projects our specialists constitute part of a project or tendering team, for example, in which they play an advisory role and are able to implement any advice during the rest of the process.
Mediation is gaining ground and rightly so, as far as we are concerned. Our position is that securing a solution together is better than pursuing a legal dispute. This is particularly true where the parties still need to have further contact with or depend on each other.>
Clairfort has qualified and experienced mediators who enter into discussions together with the relevant parties and who dedicate themselves to finding a solution. They focus on clarifying the interests that are involved and share ideas as to how best to do them justice.
Mediation offers numerous advantages. It is of an informal but confidential nature, the lead time is often brief, the parties play an active role themselves and it is cost-efficient. It is not for nothing that more parties are increasingly including mediation as a standard part of their contracts. However, the prerequisite for successful mediation is that the relevant parties are able to make decisions themselves, that it occurs voluntarily and that the confidentiality of the discussions is secured.
Mediation may be initiated once a specific dispute has arisen, although this may also occur at an early stage precisely to prevent an impending one from occurring.
