TERMS AND CONDITIONS
For ADVODAN Glostrup Copenhagen
1) ADVODAN Glostrup Copenhagen
ADVODAN Glostrup Copenhagen comprises the following units:
Jost Jensen, Thomasen & Partnere A/S
CVR no. (central business reg. no.) 2884 8706
Ølholm & Harms I/S
CVR no. (central business reg. no.) 8555 2414
(attorneys Peter Ølholm and Michael Harms)
2) Engagement and scope
The engagement includes legal counselling defined in collaboration with the client.
Before finally committing ourselves to taking on the engagement, in accordance with the rules and guidelines from the Danish Bar and Law Society, we determine whether there is a conflict of interest or impartiality. If a conflict of interest or impartiality arises while we are handling the case, and, as a result, we have to withdraw from the case, we will make every endeavour to recommend another attorney.
Before taking on an assignment, we are entitled to examine the client’s creditworthiness, including via information from credit rating agencies.
The engagement does not prevent us from advising other undertakings within the same sector as the client, with due respect for conflict of interest regulations.
3) Identity information and money laundering
We are covered by the Act on Measures to Prevent Money Laundering and Financing of Terrorism, and consequently, in some cases we are obligated to collect and store identity information about our clients as well as information about ownership and control structure, if our client is a legal person.
4) Case handling and counselling
All employees at ADVODAN Glostrup Copenhagen are subject to a duty of confidentiality, and any information from or concerning a client that we receive in connection with an assignment is treated confidentially. The duty of confidentiality also applies after completing the assignment; however, regulations imposing a duty to provide information, for example to public authorities, will be complied with.
Our counselling services are targeted specifically at the assignment, and consequently, they cannot simply be used for other purposes without our explicit approval.
5) Fee and payment
Our fee is determined on the basis of various parameters, including time spent, requirements for specialist knowledge and experience of the attorneys involved, the complexity and importance of the case, including its financial impact, the outcome achieved and the liability associated with the case.
Since it can be difficult to estimate a fee at the time of commencing an assignment, we provide a reasoned estimate for our business clients if they so request, while we always provide such estimate to consumers. If it turns out that we cannot keep within the estimate, we will strive to inform the client about this as early as possible.
Unless otherwise agreed, ongoing or long-term assignments are settled monthly on account. Our terms of payment are cash on receipt of invoice.
As a general rule, we do not pay for the client’s expenses in connection with handling the case in advance, and consequently we require prepayment from the client.
6) Client money
We administer client money in accordance with current regulations, i.e. client money is deposited on separate clients’ accounts when relevant, and interest paid or received on client money will be added or charged to the client.
Client money is generally protected under the Act on a Depositor and Investor Guarantee Scheme, which covers deposits of up to EUR 100,000.
Special rules apply for deposits concerning real property, if such real property has been used for, or is intended to be used primarily for non-commercial purposes. In this case, deposits of up to EUR 10 million are covered for a period of up to 12 months after the amount was deposited, and irrespective of whether the deposit is on a separate account. More detailed information on the Guarantee Fund is available on the Guarantee Fund website www.gii.dk.
7) Termination of the engagement
ADVODAN Glostrup Copenhagen as well as the client may terminate the engagement or an assignment at any time. Our withdrawal from a case will always be in accordance with legal ethics.
We reserve the right to interrupt our work on a case and, if necessary withdraw from a case if the period of credit on our invoices is not complied with, or if the client becomes subject to insolvency proceedings. We also reserve the right to withdraw from a case if we can ascertain that we cannot take responsibility for handling the case.
Like all other attorneys and law firms, ADVODAN Glostrup Copenhagen is subject to regulations on legal ethics and the code of conduct for lawyers stipulated in the Danish Administration of Justice Act.
If the client is dissatisfied with our assistance or with the fee, the client must contact the attorney or partner responsible for the case with a view to finding a solution. We process complaints in accordance with our internal procedures, which means that a complaint from a client is initially processed by a lawyer who has not been involved in the engagement or handling of the case.
If it is not possible to reach an agreement, the client is entitled to bring the matter before the Disciplinary Board, which handles complaints against lawyers’ fees and behaviour:
Advokatnævnets sekretariat (the Secretariat of the Disciplinary Board)
DK-1306 Copenhagen K
9) Liability and insurance cover
ADVODAN Glostrup Copenhagen provides legal advice on Danish law, and we are responsible for providing counselling to our clients in accordance with Danish law, with the exceptions and limitations stated in these terms and conditions.
The responsibility lies with the specific legal entity providing the counselling, see clause 1 above, and the contracting party in the client’s contract letter.
All our attorneys have been appointed by the Ministry of Justice in Denmark and are members of the Danish Bar and Law Society.
As stipulated by the regulations, we have taken out liability insurance with an established insurance company, and this liability insurance covers all of our legal services, irrespective of where such legal services are provided.
The liability for the firm, its owners, attorneys and employees is limited to an amount corresponding to five times the fee for the individual assignment, however no more than the insurance cover in force at any time, currently DKK 10,000,000 per attorney. Thus, our overall liability towards our clients cannot exceed the insurance cover in force at any time.
The client may only claim damages from the legal entity responsible in ADVODAN Glostrup Copenhagen, and thus, the client may not claim damages from the individual owner, attorney or employee.
We are not liable for financial consequential losses, including operating loss, loss of data, loss of profits, goodwill, or other indirect losses.
10) Choice of law and legal venue
Any disputes must otherwise be settled by the Danish courts in accordance with Danish law.
Most recent update: February 2020