Unless otherwise agreed in writing, these terms of business (the “Terms”) apply to all cases/assignments (the “Case”) for which a client (the “Client”) may request the assistance of Advokatpartnerselskabet Brockstedt-Kaalund / Brockstedt-Kaalund København Advokatpartnerselskab (“BK”).
Receipt of the Case
On receipt of the Case BK, on its own initiative, follows internal procedures to check that no conflict of interest exists. If BK identifies any such conflict of interest, we inform the customer of this. BK assists with finding another lawyer if requested to do so.
BK is entitled to check the Client’s creditworthiness. We do this by obtaining information from relevant credit rating agencies.
Like all other law firms, BK is subject to the rules on measures to prevent money-laundering. This means that BK is obliged to obtain identity details of the Clients when starting up certain types of Case. These details are retained for at least five (5) years after the Case is concluded.
The requirements regarding Client details under the Code of Conduct for the Danish Bar and Law Society are displayed at BK’s website on www.bklaw.dk.
Handling of the Case
BK provides legal assistance in compliance with the current rules governing the work of lawyers, including the rules of the Danish Administration of Justice Act and the Code of Conduct issued by the Danish Bar and Law Society.
Fee, payment and Client funds
BK charges a fee for the assistance it provides, commensurate with the work involved and the nature of the Case. The fee is based on several parameters. As a rule, the basis is time spent on resolving the Case. Account will also be taken of the degree of specialist knowledge required to resolve the Case, the value of the Case, the importance of the Case to the Client, the outcome achieved, the responsibility entailed by the Case and any exceptional circumstances, including whether the Case necessitated work under significant time pressure or outside normal working hours.
Subject to certain conditions, personal customers may apply for public legal aid, free legal aid or other forms of appointed counsel or legal expenses insurance, which can be spent in full or in part to cover the costs of completing the Case.
At the beginning of the Case, BK’s recommended hourly rates can always be provided for the lawyers that will be involved in the Case and a time estimate of completing the Case can be provided on request.
Cases/assignments are usually invoiced quarterly on account unless the Case has been concluded earlier or settlement on account is intrinsically impossible.
Each time a new Case is started, a start-up fee will be invoiced separately to cover the costs of recording and registering the Case, copies and any postage as well as subsequent filing and storage of Case materials.
Disbursements associated with the Case, including but not limited to disbursed charges, court fees, transportation, meals and accommodation are also invoiced separately. BK reserves the right to request advance payment of disbursements.
BK also reserves the right at all times to charge a deposit covering all or part of the estimated costs of completing the Case as a condition for taking on the Case. In such event, the Case will not be started until the deposit has been paid.
Any received deposits and other Client funds are deposited in a Client account and will be administered and carry interest in accordance with the rules of the Danish Bar and Law Society. The funds will be deposited in a recognised bank, principally Danske Bank, Nordea, Jyske Bank or Sydbank. At the Client’s request, a special agreement on placement of the funds can be made. However, BK is in no circumstances liable for any loss suffered by the Client as a result of the bank’s inability to return the funds, including as a result of bankruptcy. Note in particular that the Client is subject to the same rules of the deposit guarantee scheme/guarantee fund as other bank customers placing funds in banks and that funds in excess of the equivalent of EUR 100,000 per depositor are thus not covered under the deposit guarantee scheme/guarantee fund. The above applies similarly to Cases where funds in the estates of deceased persons, estates in bankruptcy etc. are in the custody of an external bank in the name of such estate as part of the Case handling and thus not deemed to be Client account funds.
Any kind of payment from BK will be made to the recipient’s NemKonto/Easy Account unless otherwise specifically agreed for the individual payment.
The payment terms are generally fourteen (14) days, after which reminder fees and default interest may be charged in accordance with the provisions of the Danish Interest on Overdue Payments Act.
All BK employees are subject to an absolute duty of confidentiality. All information that BK receives in connection with a Case is treated as confidential indefinitely. However, BK does not guarantee that confidentiality can be maintained if external communication such as email and telefax is used.
As a rule, original documents submitted to BK will be returned to the Client upon conclusion of the Case.
BK directs attention to our separate policy for processing of personal data. The details of the policy may be seen on www.bklaw.dk/privatlivspolitik.
Copyright of material
BK has the copyright to all materials prepared and provided by BK in connection with the Case, unless otherwise agreed in writing.
Liability, limitation of liability and insurance
BK is liable for the assistance provided to the Client in accordance with the general rules of Danish law. BK has taken out usual professional indemnity insurance in accordance with the rules of the Danish Bar and Law Society. The insurance covers all legal services regardless of where they are rendered.
BK has not taken out any other separate insurance with special cover. The Client is therefore obliged to take out any additional, necessary insurance, e.g. if effects are delivered to BK.
BK’s advice is targeted at the specific Case and BK assumes no liability if the advice is used for any other purpose without express acceptance in advance. BK is thus liable to the Client only and solely for the advice provided in relation to the specific Case.
The liability of BK, its owners and employees for the advice provided is limited to the maximum amount of DKK 10 million per Case. However, the total damages that a Client is entitled to receive in the event of claims made by the Client in a calendar year cannot exceed DKK 20 million. The same limitation of liability applies where BK provides assistance to several customers with joint or comparable interests in a connected Case. In such event all Clients are deemed to be one Client.
BK, its owners and employees are not liable for any errors committed by advisers to whom BK has referred the Client; neither are BK, its owners and employees liable for any errors committed by suppliers to whom BK has assigned the resolution of parts of the Case by agreement with the Client.
BK, its owners and employees are not liable for indirect losses or consequential damage resulting from the advice provided, including but not limited to operating loss, loss of profit, loss of data, loss of time and loss of goodwill.
The above limitations of liability do not apply if they are contrary to mandatory statutory provisions.
Complaints, choice of law and venue
If BK’s handling of the Case or our fee does not meet the Client’s expectations, the Client is requested to contact the owner responsible for the Client relationship or BK’s executive management. If the Client wishes to file an actual complaint about the handling of the Case, the complaint must be submitted to the Disciplinary Board of the Danish Bar and Law Society no later than one (1) year after the subject matter of the complaint has been discovered. A Client who wishes to complain about the fee may do so to the Disciplinary Board of the Danish Bar and Law Society no later than one (1) year after becoming aware of the fee.
The Disciplinary Board’s address is: Advokatnævnet, Kronprinsessegade 28, 1306 Copenhagen K, Denmark, tel. +45 3396 9798, e-mail: firstname.lastname@example.org.
Further information can be found at www.advokatsamfundet.dk.
All legal disputes arising from BK’s case handling and advice, including disputes about the interpretation of the Terms, are subject to Danish law. Any legal dispute which may arise can be submitted to the Danish courts only and solely to the court with jurisdiction for BK’s head office.
The above Terms of Business apply from 15 June 2019.