These business terms apply to the assignments we undertake to supply to our clients, unless otherwise agreed in writing.
Before we take on an assignment
Before taking on an assignment, in accordance with the rules of the Danish Bar and Law Society, we check that there are no conflicts of interest or loyalty preventing us from assuming representation. The commission does not prevent Rovsing & Gammeljord from being able to advise other companies in the same line of business, subject to the rules of ethical legal conduct in force from time to time.
Like other law firms, we are covered by the Danish Act on Measures to Prevent Money Laundering. Owing to these regulations we are bound to obtain and store details of any client’s identity. We regard the client’s disclosure of ID information as consent for us to pass this on to others in accordance with the regulations in the money laundering legislation.
We are entitled to investigate the client’s creditworthiness. This is done by sourcing data from credit rating agencies, including payment remarks and credit ratings.
Defining the assignment and its scope
When entering into any agreement on legal assistance, we always discuss the key elements of the foreseen assistance with the client, unless this is clear from the context. The commission is defined in collaboration with the client. Where desired—and always so when dealing with consumers - we provide such information in writing at the time of entering into the agreement.
Rovsing & Gammeljord act on the basis of and in accordance with the client’s instructions. We are at liberty to decline to comply with an instruction if, in our view, it will violate the legislation or other rules, including those concerning “good legal practice” laid down by the courts and by the Bar and Law Society. The partner in charge of the case decides whether or not to involve other lawyers etc. to handle the case.
Fees and payment
When legal fees are fixed, it is done on the basis of various parameters. These include the amount of time spent, the nature of the specialist knowledge and experience of the legal consultants involved, the complexity of the assignment and its significance for the client, the assets involved, the result achieved and the responsibility associated with performing the assignment. Our fee is exclusive of external costs and out-of-pocket expenses. Rovsing & Gammeljord are not obliged to defray expenditure on behalf of the client.
If so desired—and always when dealing with consumers—we provide a reasoned estimate in writing and information about the anticipated costs and outlay, just as we inform the client as early on as possible if it transpires that the total fee is expected to exceed the estimate. We normally issue an invoice once the assignment has been completed. Ongoing consultancy and longer-term assignments are billed (on account) at suitable intervals, usually monthly or quarterly, unless otherwise agreed. The terms of payment are 14 days from the invoicing date and VAT is added in accordance with current rules. If payment is delayed, penalty interest can be charged in accordance with the provisions of the Danish Interest Act.
We normally request payment in advance for outlay and costs.
Prepaid fees, outlay or costs are deposited in our client account and can be used, together with any interest earned, to settle future invoices and meet costs, unless otherwise agreed. The client is invoiced separately for outlay and relevant costs in connection with the assistance provided.
Client funds
Rovsing & Gammeljord manage client funds in accordance with the rules in force to this effect. Accordingly, client funds are deposited in separate client accounts, with any interest earned accruing to the client. Client funds are protected under the Danish Act on a Guarantee Fund for Depositors and Investors, but with effect from 1 June 2015 that protection is generally limited to EUR 100,000 per client per bank. The cover ceiling applies to the total deposit with the bank, although the money is in different accounts, including both client bank accounts and own accounts. Special rules apply to deposits relating to real estate if the real estate has been used or is destined principally for non-commercial purposes, in which case amounts up to EUR 10m are covered for up to 12 months after the amount has been deposited and regardless of whether the deposit is in a separate account. Further details of the guarantee scheme will be found on the Guarantee Fund’s website at www.gii.dk. Rovsing & Gammeljord are not liable for any loss of client funds resulting from insolvency proceedings against the financial institution with which the funds have been lodged. Where deposits in client accounts are charged with negative interest, Rovsing & Gammeljord are not responsible for such.
Confidentiality etc.
All employees of Rovsing & Gammeljord are subject to a duty of confidentiality. Any information from or relating to a client of Rovsing & Gammeljord received in connection with an assignment will be treated in confidence. This confidentiality also applies once the assignment is complete. The duty of confidentiality applies in respect of rules which impose a duty of disclosure on lawyers in relation to public authorities or others, such as the Danish Bar and Law Society.
All employees with Rovsing & Gammeljord are further covered by current legislation on the ban on disclosing insider information about listed companies and restrictions on trading in listed securities as well as by a set of rules set down by the company. Rovsing & Gammeljord have also put in place internal procedures to prevent insider trading.
Rovsing & Gammeljord cannot vouch that confidentiality can be maintained in the case of external communications, including e-mail communications. At the client’s request, encryption systems or digital signatures will be used.
Completion of the assignment
Both the client and Rovsing & Gammeljord can terminate the commission at any time. Rovsing & Gammeljord’s withdrawal will be effected in accordance with the rules laid down by the Danish Bar and Law Society. If the commission is terminated before the assignment has been completed, Rovsing & Gammeljord are entitled to a fee and reimbursement of costs for the time up to the point of termination.
Original documents will normally be handed over by the time the assignment has been completed at the latest, and we will store the case documents for at least three years from the invoicing date, after which they will be shredded.
Complaints
Rovsing & Gammeljord are subject to the Danish Bar and Law Society’s general rules concerning complaints. The client can file complaints about our consultancy and the fee charged with the Disciplinary Board of the Bar and Law Society. The rules governing legal ethics will be found at www.advokatsamfundet.dk .
Complaints to the Disciplinary Board of the Bar and Law Society can be submitted to the Board’s secretariat at Kronprinsessegade 28, DK-1306 Copenhagen K, or e-mailed to klagesagsafdelingen@advokatsamfundet.dk .
Applicable law and venue
Rovsing & Gammeljord do not use contractual clauses regarding applicable law and/or venue unless so agreed with the client. Any dispute between a client and Rovsing & Gammeljord shall be resolved in accordance with Danish law under the jurisdiction of the qualified Danish court of law vested with exclusive competence.
Liability, limitation of liability and insurance cover
Rovsing & Gammeljord are liable for the legal consultancy in accordance with the ordinary rules of Danish law, and all our lawyers are covered by the company’s liability insurance and guarantee scheme taken out with Tryg Forsikring A/S and HDI respectively. As Danish lawyers, Rovsing & Gammeljord advise solely on Danish legal matters. If the commission involves foreign law, we recommend that the client engage the legal assistance of relevant local resources. Our involvement in parts of such commissions shall not be deemed to be consultancy on foreign matters.
Rovsing & Gammeljord are not liable for consultancy offered by the client’s other advisers, irrespective of whether they have been engaged with assistance from us.
Our financial liability vis-à-vis clients is limited to a maximum of DKK 30 million per assignment. Our liability does not cover financial consequential loss, including operating losses, loss of data, lost earnings, goodwill, image etc. or other forms of indirect loss.
Our consultancy is focused on a specific assignment and may therefore not be used for any other purpose without our express and prior approval.
