Article 1: User and application
Bluebell Legal Advocates is a partnership of natural persons and a legal person formed under the laws of Uganda in which the practice of law is carried out under the name ‘Bluebell Legal Advocates. A list of the partners will be provided to the client upon request. In the following, Bluebell Legal Advocates means both the Bluebell Legal Advocates partnership and the members of the partnership, individually and jointly.
These General Terms and Conditions will apply to all instructions given to Bluebell Legal Advocates, including all follow-up instructions, amended instructions or additional instructions, as well as to the legal relations arising from or connected with them. This includes in any case the situation that instructions might have been wrongfully refused and the liability arising therefrom.
These General Terms and Conditions shall apply to all persons who are associated with Bluebell Legal Advocates and all third parties who are engaged by Bluebell Legal Advocates in connection with the execution of instructions or who are or could be liable in that context. Everything stipulated in these General Terms and Conditions for the benefit of Bluebell Legal Advocates will apply to them as an irrevocable, free-of-charge third-party clause.
Article 2: Instructions, client and third parties
Instructions shall be accepted exclusively by the Bluebell Legal Advocates partnership. In accepting instructions, the Bluebell Legal Advocates partnership shall only be represented by consultants, associated with the Bluebell Legal Advocates partnership. If a consultant accepts instructions, this creates an agreement between the client and the partnership, exclusively, even if it is the client’s explicit or tacit intention that the instructions will be carried out by a specific person. The partners as well as those associated with the partnership, shall not be personally bound or liable.
Unless agreed otherwise, instructions will be accepted by sending a confirmation of instructions, by email or post or in a different way. The contents of the confirmation of instructions will exclusively determine the nature and scope of the instructions. The client is the party indicated as such in the confirmation of instructions. The instructions will be performed exclusively for the purposes of the client. No one else may derive any rights from the instructions and the way in which it is or is not performed. This also holds for the situation in which instructions might have been wrongfully refused.
In the event that more than one client gives instructions, all clients will be jointly and severally liable for the obligations arising from and/or connected with these instructions.
Bluebell Legal Advocates will provide legal services based on the instructions and information provided by the client. Clients are responsible for ensuring that all instructions and information given to the firm are accurate, complete, and timely.
If and as far as the client provides the contents of work performed by Bluebell Legal Advocates to third parties, the client will be obliged with respect to Bluebell Legal Advocates to inform those third parties that the work has been carried out subject to these General Terms and Conditions. If third parties use the contents of the work in any way, they shall be bound by these General Terms and Conditions.
The client will indemnify Bluebell Legal Advocates against the consequences of claims of third parties arising from or in connection with the performance of the instructions, also including possible costs of legal assistance unless the claim is the result of a professional error made by Bluebell Legal Advocates.
Bluebell Legal Advocates will undertake reasonable efforts to identify and disclose any conflicts of interest that may arise due to the involvement of third parties. In some cases, it may be necessary to decline representation if a conflict cannot be appropriately managed and addressed.
Article 3: Copyright.
All written materials, documents, reports, legal briefs, memos, emails, advice, contracts, other products of the mind and any other work product created by Bluebell Legal Advocates in the course of providing legal services to clients are the intellectual property of Bluebell Legal Advocates.
Bluebell Legal Advocates grants clients a limited, non-exclusive, and non-transferable license to use the content of work solely for the purpose for which they were provided. This license does not grant clients any ownership rights or rights to reproduce, disclose, exploit or disseminate, distribute, or publicly display the contents of the work without the express written consent of Bluebell Legal Advocates. Clients shall treat all content as confidential and these confidentiality obligations shall continue even after the termination of the advocate-client relationship.
Clients agree that any use of the content of work must attribute them to Bluebell Legal Advocates as the source, including proper acknowledgement and citation in compliance with applicable legal and ethical guidelines.
Any materials provided by clients to Bluebell Legal Advocates shall remain the property of the client. However, clients grant Bluebell Legal Advocates a limited license to use such materials for the purpose of providing legal services.
Clients shall not engage in any action that infringes upon the copyright or intellectual property rights of Bluebell Legal Advocates or any third party.
Clients agree to indemnify and hold harmless Bluebell Legal Advocates from any claims, losses, liabilities, or expenses (including legal fees) arising from any breach of this copyright clause or infringement of intellectual property rights by the client.
Article 4: Instructing third parties.
Bluebell Legal Advocates will be entitled to engage third parties in the performance of the instructions on behalf of and at the expense of the client. Where possible and reasonably indicated, the choice of this third party will be made in consultation with the client. Bluebell Legal Advocates will observe due care in engaging third parties. Bluebell Legal Advocates will not, however, be liable for any shortcomings of these third parties. Bluebell Legal Advocates is authorized by the client to accept a limitation of liability stipulated by a third party on behalf of the client.
Article 5: Use of electronic communication and storage
The client agrees that in communication, Bluebell Legal Advocates will use digital means of communication and services for the storage of data provided by third parties or otherwise. Bluebell Legal Advocates will not be liable for any damage and/or loss arising from the use of such services.
Bluebell Legal Advocates will not be liable for unsafe electronic communication, nor will it be liable for the interception, manipulation, infection, delay or incorrect sending or forwarding of electronic communication, including that due to viruses and spam filters.
Article 6: Fee and costs.
Bluebell Legal Advocates is committed to adhering to all applicable regulations and guidelines governing billing and costs as established by the relevant laws and legal authorities of Uganda. Our billing practices are designed to ensure transparency, fairness, and compliance with the law.
Prior to commencing legal services, Bluebell Legal Advocates will provide clients with a clear and detailed explanation of our fee arrangements, including the basis for fees (e.g., hourly rates, flat fees, contingency fees), billing frequency, and any additional costs or disbursements that may be incurred during the course of representation.
Clients will be informed of any changes to fee arrangements or significant cost estimates during the course of representation. Bluebell Legal Advocates will seek client approval in writing before implementing such changes, whenever feasible and required by applicable regulations.
Bluebell Legal Advocates may incur costs and disbursements on behalf of clients, such as court fees, expert witness fees, or travel expenses. Clients will be responsible for reimbursing these costs as per the terms agreed upon in the engagement letter or contract.
Bluebell Legal Advocates will maintain accurate and comprehensive records of all billings, costs, and disbursements related to a client’s matter. Disbursements mean reimbursement of costs to be specified such as court fees, travel and accommodation expenses, translation costs, costs of experts, valuation costs, administrative charges, costs of excerpts, bailiff’s costs, courier costs and other costs that have been or will have to be incurred in connection with the performance of the instructions. All amounts mentioned are exclusive of VAT and other taxes unless explicitly stated otherwise. Clients have the right to request and review these records upon reasonable notice.
Article 7: Client funds
Funds Bluebell Legal Advocates receives for a client are deposited in any firm account in a bank where Bluebell Legal Advocates holds an account in Uganda. No interest will be paid to clients on clients’ funds. Bluebell Legal Advocates will not be liable in the event that the bank where the clients’ funds are kept fails to comply with its obligations. The client preserves Bluebell Legal Advocates and its partners and associated persons from all liabilities resulting from or connected with insolvency or failure of the bank or financial institute to comply with its obligations.
Article 8: Insurance and liability.
Bluebell Legal Advocates maintains professional indemnity insurance in accordance with the regulations and requirements established by the relevant legal authorities in Uganda. This insurance is designed to provide coverage in the event of any professional errors or omissions on the part of our law firm.
Bluebell Legal Advocates is limited to the extent permitted by the laws of Uganda. Clients understand and agree that Bluebell Legal Advocates, its partners, associates, and Legal consultants shall not be personally liable for any claims, losses, damages, or expenses arising out of the provision of legal services unless such liability cannot be limited under applicable law. Any and all liability will be limited to the amount paid under this insurance in the particular case, including the amount of the excess applicable under this insurance.
These limitations shall also apply in cases where Bluebell Legal Advocates is held liable for the faulty functioning of hardware, software, data files, registers and/or other items it has used in performing the engagement.
In the event instructions have been given by multiple clients, the limitations of liability as included in these General Terms and Conditions will apply to all clients jointly and not to each client individually. In the event of liability, it will be up to the clients how they divide the amount paid.
Bluebell Legal Advocates does not make any guarantees or warranties regarding the outcome of any legal matter. The outcome of legal proceedings is subject to various factors, including but not limited to judicial decisions, opposing parties’ actions, and changing circumstances.
Bluebell Legal Advocates shall not be liable for the actions or omissions of third parties, including but not limited to opposing parties, opposing counsel, government agencies, or other entities involved in a client’s legal matter.
Clients acknowledge their responsibilities in providing accurate and complete information and cooperating with Bluebell Legal Advocates in a timely manner. Failure to fulfil these responsibilities may affect the outcome of their legal matter, and Bluebell Lega Advocates shall not be held liable for any resulting consequences.
Clients agree to indemnify and hold harmless Bluebell Legal Consultants, its partners, associates, and Legal Consultants from any claims, losses, liabilities, or expenses including legal fees arising from the client’s breach of these terms and conditions, negligence, or willful misconduct.
All discussions and negotiations regarding liability matters, including settlements or agreements, shall be treated with the utmost confidentiality, in accordance with our obligations under applicable laws and professional conduct rules.
By engaging Bluebell Legal Advocates, clients acknowledge their understanding of an agreement to the insurance and liability provisions outlined in this clause. Clients also acknowledge their right to seek further information or clarification regarding insurance coverage and liability matters.
Article 9: Identification and processing of personal data
Bluebell Legal Advocates is allowed to process, save and disclose the client’s (personal) data to everyone in Bluebell Legal Advocates in connection with the handling of the instructions and for the purposes of its client management.
Under the applicable laws and regulations, Bluebell Legal Advocates must, among other things, establish the identity of the client, check whether unusual transactions have been conducted or are intended and, if so, inform the authorities, without informing the client of that effect. The client confirms to be aware of this and agrees with it and will furnish all necessary data.
Article 10: Archiving
Barring a different agreement between the advocate and client, the file will be kept in the archives for three years after the case has been closed. It may be destroyed afterwards, but not necessarily. This holds for both the paper and the electronic file. The client will not receive notification of this.
Article 11: Applicable law and dispute resolution
These General Terms and Conditions and any legal services provided by Bluebell Legal Advocates shall be governed by and construed in accordance with the laws of the Republic of Uganda.
Bluebell Legal Advocates is committed to operating in full compliance with the regulations and guidelines established by the relevant legal authorities. We adhere to the ethical and professional conduct rules as set forth by the law.
In the event of any dispute, controversy, or claim arising out of or relating to the legal services provided by Bluebell Legal Advocates, including but not limited to the formation and performance of the contract and how the work under instructions has been carried out, the quality of services and the fee amount, Bluebell Legal Advocates maintains a firm’s complaints procedure which applies to the contract between Bluebell Legal Advocates and the client. Complaints and disputes can be submitted in writing within three months after the time at which the complainant became aware or could reasonably have become aware of the acts or omissions that gave rise to the complaint, and shall be addressed to the Partners of Bluebell Legal Advocates at Bluebell Legal Advocates, Attn. Complaints Committee, PO Box 28615, Plot 3A Bata Close, Kampala) or Email us at info@bluebell.legal. The Partners shall constitute a complaint committee.
The Complaints Committee will decide in accordance with the complaint’s procedure. This procedure is available for inspection at the office and will be on request.
Appeal against a decision of the Complaints Committee shall be resolved promptly and amicably through negotiation, if a resolution cannot be reached through negotiation, the matter will be subject to other dispute resolution procedures and mechanisms in accordance with applicable laws and regulations of Uganda.
The general conditions of clients or any third party, if any, do not apply and are expressly rejected.
These General Terms and Conditions are available on www.bluebell.legal
and they will be provided upon request and free of charge.
