These terms and conditions apply to all assignments undertaken by the Law Firm, unless otherwise agreed with the client. 

Engagement

The Law Firm’s engagement includes legal advice and is defined in cooperation with the client.

As Danish attorneys, the Law Firm provides advice solely on matters of Danish law. If the engagement involves foreign legislation, the Law Firm recommends that the client engages local counsel. The Law Firm’s involvement in such parts of the engagement shall not be considered legal advice on foreign legal matters.

The Law Firm’s advice is tailored to the specific matter and may therefore not be used for any other purpose without prior explicit consent. The Law Firm is liable solely to the client for the advice provided, unless otherwise agreed.

Upon completion of an engagement, the Law Firm has no obligation to provide advice on matters related thereto. For example, if there are changes in factual circumstances or legal provisions relevant to the engagement, the Law Firm is not obliged to reopen the matter or update the advice previously provided on its own initiative.

Assignments

The Law Firm acts based on the client’s instructions. However, an attorney is entitled to refuse to follow an instruction, including on the basis of applicable laws or other regulations, such as the rules of proper legal practice (“good legal practice”).

Conflict of interest or conflict of loyalty

Before accepting an engagement, the Law Firm examines whether any conflicts of interest exist that would prevent it from representing the client. If relevant issues arise, they will be discussed with the client before any work on the matter begins.

The engagement does not prevent the Law Firm—of course, in compliance with applicable rules on conflicts of interest—from advising other companies within the same industry as the client.

Identity information and money laundering

The Law Firm is subject to the Act on Preventive Measures against Money Laundering. If your case falls under the rules of the Act on Prevention of Money Laundering and Financing of Terrorism (the Money Laundering Act), I, as your attorney, am obligated to provide you with this notification and to collect and store your identity information. Should I suspect that you are involved in money laundering or financing terrorism, I am required to notify the Public Prosecutor for Serious Economic and International Crime (SØIK) about the activities and to disclose your identity information to SØIK. I am not permitted to inform you whether such a notification has been made.

Confidentiality

The Law Firm is bound by a duty of confidentiality regarding the information it receives. This duty of confidentiality continues to apply even after the engagement has ended. The confidentiality obligation is subject to any rules that require the Law Firm to disclose information.

Communication

The Law Firm does not guarantee that confidentiality can be maintained in external communications, including communication via email and fax. Upon the client’s request or if required, encryption systems or digital signatures will be used.

Coverage of costs

The Law Firm is not obliged to cover expenses and costs on behalf of the client and generally requires prepayment or separate reimbursement.

Incurred expenses, including significant copying tasks and travel costs, will be charged to the client.

Professional fees

Unless otherwise specifically agreed, fees will be calculated based on the time spent handling the matter, taking into account the nature of the case and the economic values and interests involved.

Settlement and payment terms

Invoices are typically issued upon completion of the assignment. Ongoing advice and long-term engagements are billed at appropriate intervals, usually every three months, unless otherwise agreed. VAT is added to the invoice in accordance with applicable regulations.

The payment terms are 14 days from the invoice date, after which interest on overdue payments may be charged in accordance with the provisions of the Danish Interest Act.

Termination of the engagement

Both the client and the Law Firm may terminate the engagement at any time. In the event of termination by the Law Firm, this will be carried out in compliance with the Rules of Professional Conduct, which stipulate that an attorney must not withdraw from a case in a manner or under circumstances that prevent the client from timely seeking alternative legal assistance without adverse consequences.

If an engagement is terminated before its regular conclusion, the Law Firm shall be entitled to fees and reimbursement of expenses for the period up to the termination of the engagement.

Limitation of Liability

The Law Firm is liable for damages in accordance with the general rules of Danish law for any loss the advice may cause the client, subject to the limitations set forth below:

• The Law Firm’s liability does not cover loss of profits, loss of time, loss of goodwill, or similar indirect losses.
• The Law Firm’s liability for advice related to the engagement shall not exceed USD 1 million.
• The Law Firm is not liable for advice provided by the client’s other advisors, including cases where such advisors have been engaged with the assistance of the Law Firm.

The above limitations of liability shall not apply if they conflict with mandatory statutory provisions. 

Rules of Professional Conduct and Complaints

The Law Firm is subject to the Rules of Professional Conduct issued by the Danish Bar and Law Society. The client may submit complaints regarding the advice provided and the fees charged to the Disciplinary Board of the Bar Association (Advokatrådet/Advokatnævnet). The Rules of Professional Conduct can be found at www.advokatsamfundet.dk.

Archiving

Original documents are normally returned no later than upon completion of the engagement. Case files are stored in the archive for at least five years from the conclusion of the matter, after which they are destroyed.

Marketing

The Law Firm may, in its marketing, refer to having acted as legal counsel for the client in connection with the engagement, provided that the engagement has been completed and is publicly known.

Governing Law and Jurisdiction

Any dispute between the client and the Law Firm shall be resolved in accordance with Danish law by the competent Danish courts.

Copenhagen february 8 2019