Standard Terms
Unless agreed otherwise in writing, these Standard Terms ap-ply.
1. Confidentiality
1.1. Advocate Peter Arnt Nielsen (pan) is subject to professio-nal secrecy in all cases.
1.2. All information received by pan is covered by professional secrecy, and the secrecy applies without any time-limit, inclu-ding after the termination of the case.
2. Conflict of interest
pan does not undertake an assignment if a conflict of interest exist, or if a conflict of interest is likely to to arise.
3. Fee
3.1. pan’s fee is determined on the basis of the time spent on the assignment, the nature of the assignment, the complexity of the assignment, and its importance to the client, the values involved, the outcome of the assignment, and the liability expo-sure based on the hourly rates and fees.
3.2. Upon receipt of an assignment, pan gives a written and reasoned estimate of the expected fee, how it is calculated, the expected costs, and the substantial parts of the assistance. If the fee is expected to exceed the estimate, pan immediately informs the client thereof and of the increase. Amounts indica-ted are without VAT in commercial cases, and with VAT in pri-vate cases and consumer cases.
3.3. pan examines to what extent a client can receive public legal aid or insurance cover for legal costs. If the fee is to be paid provisionally or finally out of public funds or by an insuran-ce company, the client will be advised of the principles for determining the fee and of the potential consequences for the client.
4. Invoice, costs, and security
4.1. pan invoices the client, when the assignment has been completed. Continuous assistance and assignments of long duration are invoiced quarterly. VAT is added pursuant to Da-nish VAT legislation. Payment is due 14 days after the invoice date.
4.2. In case of late payment, default interest will be charged in accordance with the Danish Interest Rate Act (renteloven).
4.3. The client must prepay costs. Costs are charged separa-tely to the client.
4.4. For counselling of and legal opinions to an advocate for the advocate's client, the advocate is pan's client, and therefo-re the advocate is immediately and directly liable towards pan for payment of pan's fee and costs.
4.5. For mediation and arbitration, the parties shall provide se-curity for pan's fee and costs. If a party fails to provide security, the other party may provide the security in full. The parties are jointly and severally liable for pan's fee and costs.
4.6. In other cases than mediation and arbitration, pan may de-mand that the client provides security for pan's fees and costs.
5. Use of services
5.1. pan’s services are targeted at each individual assignment and are accordingly not to be used for any other purpose with-out pan’s explicit prior consent.
5.2. Original documents are handed over to the client upon completion of the assignment. The files are kept for five years from the date of invoice.
6. Completion of the assignment before agreed
pan reserves the right to discontinue an assignment if the cre-dit period of an invoice has been exceeded with four weeks; the client does not settle an invoice; the client becomes insol-vent; pan finds that it cannot be responsible for handling the case, or if it is in the interest of the client that the cooperation is terminated.
7. Liability, insurance and limitation of liability
7.1. Subject to paragraphs 2, 3, and 4, pan is liable for its ser-vices in accordance with the general rules of Danish law.
7.2. pan is covered by a statutory professional liability insuran-ce and a guarantee covering any legal practice regardless where the practice is exercised.
7.3. pan’s liability is limited to an amount equivalent to 5 times the fee (ex VAT) for the assignment, and not more than 2.5 mil-lion DKK per assignment. pan’s liability does not comprise fi-nancial consequential losses, including, but not limited to, ope-rating loss, loss of data, lost earnings, goodwill, image, etc., or any other indirect loss.
7.4. A commercial client's claim for damages against pan will become time-barred 12 months after the client became or ought to have become aware of the circumstances on which the claim is based.
7.5. pan is not liable for mistakes or faults committed by advi-sors that pan has referred the client to, or for mistakes or faults committed by sub-contractors that pan in agreement with the client has passed on parts of the assignment to.
8. Choice of law and jurisdiction
8.1. Any dispute between a client and pan is governed exclusi-vely by Danish law.
8.2. Complaints concerning advocates' fees and conduct can be brought before the Disciplinary Board, Kronprinsessega-de 28, 1306 Copenhagen K.
8.3. Any dispute between a client and pan shall be settled by the Danish courts. The Danish courts shall have exclusive ju-risdiction to handle any case between a client and pan.
