TERMS OF ENGAGEMENT
Unless otherwise stipulated in writing, these terms of engagements apply to any case or matter handled on behalf of clients by:
IDEAL LAW FIRM LLP
CVR/VAT no. 36 98 78 20
Vestergade 43, 1st floor
5000 Odense C
(hereinafter referred to as “IDEAL Law Firm”)
Performance of the assignment
- Before the legal assistance is commenced, IDEAL Law Firm and the client shall agree on the scope of the assignment. IDEAL Law Firm undertakes to provide qualified legal assistance at the agreed time and to the agreed extent.
- All tasks are carried out in accordance with the code of conduct of the Danish Bar and Law Society, the rules on attorneys in the Danish Administration of Justice Act and other relevant legislation.
- IDEAL Law Firm is subject to the Danish Act on Measures to Prevent Money Laundering and must therefore, among other things, obtain and file know your customer information. IDEAL Law Firm is obligated to file such KYC information for at least 5 years after the expiry of the client relationship.
Conflicts of interest and loyalty
- In accordance with the code of conduct of the Danish Bar and Law Society, IDEAL Law Firm always checks before a new assignment whether a conflict of interest exists. Should we find it necessary to renounce the case for such reason, we will let the client know as soon possible and help find another attorney.
- IDEAL Law Firm is obligated to treat any information received from or about the client confidentially. All attorneys, lawyers and other employees at IDEAL Law Firm are subject to professional secrecy.
Liability, insurance and limitation of liability
- IDEAL Law Firm is liable for the advice provided in accordance with the general rules of Danish law.
- IDEAL Law Firm is not liable for indirect losses or consequential damage, including operating loss, loss of data, loss of profit, goodwill, image, etc.
- IDEAL Law Firm is not liable for any mistakes made by sub-contractors to which IDEAL Law Firm has entrusted part of the assignment according to an agreement with the client.
- IDEAL Law Firm has taken out liability insurance with the Danish insurance company Tryg. IDEAL Law Firm has taken out liability insurance and provided a guarantee in accordance with the rules of the Danish Bar and Law Society. The liability insurance covers performance of any type of legal practice, irrespective of where it is performed.
- IDEAL Law Firm’s liability for advisory services is limited to DKK 10 million per assignment.
Fee, invoicing and client funds
- The fee for legal advice and assistance is fixed with regard for, among other things, the significance and value of the case for the client, the outcome of the case, the nature and extent of the work the lawyer has performed, and the responsibility entailed in the case, cf. section 126(2) of the Danish Administration of Justice Act and clause 16.1 of the code of conduct of the Danish Bar and Law Society.
- As far as the nature and extent of the work is concerned, the fee to IDEAL Law Firm is generally invoiced according to the time spent based on hourly rates that vary according to seniority, whereas invoicing of the remaining factors is at the attorney’s discretion.
- Costs and disbursements related to the assignment, including registration fees, charges, travel and accommodation expenses, meals, large expenses for copying or mailing and external transmission costs shall be paid by the client in addition to the fee. IDEAL Law Firm is not obligated to pay expenses on behalf of the client and will therefore, in case of a considerable amount, ask the client to pay such amount in advance.
- At the commencement of an assignment IDEAL Law Firm will at the request of the client state the size of the fee, if this is possible given the nature of the assignment. If the fee cannot be stated, the method of calculating the fee, for example the applicable hourly rates, will be stated. On request, IDEAL Law Firm will provide an estimate of the expected fee. In case of private individuals, IDEAL Law Firm will always forward the information listed.
- IDEAL Law Firm usually issues invoices quarterly in arrears and/or when the case has been concluded. Especially in case of new clients, IDEAL Law Firm is entitled to ask for a deposit before commencement of the assignment.
- Terms of payment are net cash 14 days. In case of delayed payment, interest will be charged in accordance with the Danish Interest Act.
- All client funds entrusted to IDEAL Law Firm will be managed in accordance with the client account regulations (www.advokatsamfundet.dk) and will be deposited in a client account. Any interest accrued will go to the client in accordance with the client account regulations. Unless other information is stated, the funds will be deposited in IDEAL Law Firm’s main client account in Nordea Bank Danmark A/S. Clients are entitled at any time to be told in which bank their funds have been placed.
- If the client does not agree with the partner responsible for the case about the fee, conduct or other factors, complaints about the fee and/or conduct may be brought before the Disciplinary Board of the Danish Bar and Law Society in accordance with the ordinary rules on complaints of the Danish Bar and Law Society. Information about the Disciplinary Board, including contact information, can be found at the Bar and Law Society’s website.
- Case documents are kept on file electronically for 3 years from the conclusion of the case, after which time the documents will be deleted.
Use of our advice
- Advice from IDEAL Law Firm is provided in a specific matter and must therefore not be used for other purposes or by other parties without the prior written consent of the partner responsible for the case. Consequently, only the client can hold IDEAL Law Firm responsible for the advisory services provided.
Choice of law and venue
- The advisory services provided by IDEAL Law Firm as well as these terms of engagement are subject to Danish law. Any disputes shall be settled before the district court in Odense.