1. September 2011

 

Introduction

BvHD are run as a partnership under CBR number 28 45 31 67.

 

Definition of the task

We aim at defining and determining the factual and economic extent of a task in advance. We are willing to take an initial and informal discussion about the requirements and requests for our advice.

 

Performance of the task

Extensive assignments are often studied and evaluated by several lawyers, as we always aim at allocating the optimum team for each individual assignment. The team members are determined by the extent and complexity of the assignment, the requirement for expert knowledge as well as the possible urgency of the assignment. In connection with each assignment we appoint a responsible partner with whom the client may communicate during the entire course of the assignment. The partner may be another than the client’s usual contact person with BvHD.

 

It is very important to us that we provide fast responses, however, without comprising with the quality and objectivity of our services.

 

Fees and payment

Generally our fees are based upon the actual time spent on the assignment. Time spent for transport will be invoiced by 50% of the hourly rate, and transport will be invoiced according to the official rates of the Danish state and actual expenses. All prices are excluding VAT.

 

If a client requires assistance outside normal office hours, an overtime fee of 50% is usually charged.  In accordance with Danish lawyers’ code of conduct, we inform potential clients on request of the most important elements of the expected assistance, the size of our fee, expected disbursements and levies to the authorities. Unless an agreement on a fixed fee has been made, to begin with our fee is based on the actual time spent, as other specific elements such as the nature of the legal assignment, the importance of the assignment, the economic value, the outcome of the assignment and the nature and extent of the services provided by us are included.

 

We submit an estimate of our fee willingly. An estimate of fee is based on our knowledge about the case at the given time and therefore it is not a binding estimate. We will inform the client as soon as possible, if the total fee is expected to exceed the estimate of fee.

 

When dealing with consumers we always inform of our fee in writing before beginning the work, including how the fee is calculated, the expected total fee (non-binding) together with an estimate of possible disbursements.

 

Normally a deposit will be charged and we charge an advance payment of disbursements such as court fees, charges etc.

 

Invoicing normally takes place at the end of each calendar month; however, invoicing may also take place when the assignment has been completed. A specification of the work performed is forwarded together with our invoice.

 

Our terms of payment are net cash no later than 14 days from the date of the invoice. In the event of late payment, interest is calculated according to the Danish Act on Interest.

 

Our bank connection is Jyske Bank, Jægersborg Allé 23, DK-2920 Charlottenlund, registration number 5042, account number 116517-1.

 

Deposits on client’s accounts

All client funds, including deposits, will be deposited in our client account which is administered according to the rules of the Danish Bar and Law Society (Advokatsamfundet).

 

A deposit on a client account bears interest in accordance with the guidelines of the General Council of the Bar and Law Society. A client’s deposit is secured under the Danish Deposit Insurance Act.

 

BvHD are entitled to set-off any outstanding amount due to payment against the client’s account according to the Danish lawyers’ code of conduct. Set-off is not possible, however, in amounts specifically marked for specific purposes.

 

Confidentiality, legal capacity and disclosure of inside information

 

BvHD employees are all bound by an unconditional duty of confidentiality and all contacts to BvHD are treated with full discretion. All material we receive in connection with an assignment will be treated and kept as strictly confidential.

 

We always consider if there is a conflict of interest or disqualification, and we do not take an assignment if there is a risk thereof.

 

BvHD employees are further bound by a special code in accordance with current legislation concerning disclosing inside information about listed companies and restrictions on trading listed securities.

 

Laundering

BvHD are subject to the Danish Money Laundering Act and are therefore obliged to report any suspicion of money laundering. Accordingly, we are obliged to obtain and keep information regarding our clients’ identities.

 

When dealing with a personal client, we need the person’s name, address and civil registration number and for identification we need a copy of the person’s driving licence or passport. As to companies and corporations, we are furthermore obliged to establish the actual owner of the company. This is to ensure knowledge of who is behind the legal entity of the company. Therefore, we need the company name, corporate form, address, CVR number, management, provisions regulating the power to bind and ownership structure. The company’s actual owners must be identified as personal clients, by means of driving licence or a passport copy.

 

The above information will be updated continuously and will be kept safely, also after termination of a client relationship.

 

Communication

BvHD use to a significant extent e-mails in connection with exchange of correspondence and documents. We accept, however, a client’s wish not to use e-mail, and arrangements may be made to use encrypted communication and certified digital signatures.

 

Office hours

BvHD may be reached by phone Monday – Thursday between 08:30 a.m. - 04:30 p.m., and Friday between 08:30 a.m. – 03:30 p.m. According to agreement BvHD lawyers may be contacted outside normal office hours at their direct telephone numbers or by mobile. You will find all telephone numbers under each employee on our website.

 

Quality control

BvHD continuously strive to ensure an optimum quality in the services we render, i e by maintaining and developing our internal quality control system with instructions, guidelines, checklists etc. If our services do not fulfill your expectations please inform us immediately.

 

All lawyers with BvHD have been admitted to practice law by the Danish Minister of Justice and as such they are not only subject to the rules of the Danish Administration of Justice Act and the legal and ethical rules of the Danish Bar and Law Society, but also the rules regarding client accounts.

 

In order to obtain a review of legislation and rules governing the practice of law, please contact our office. The website of the Danish Bar and Law Society, www.advokatsamfundet.dk, under “Regler” provides online access to such rules (only available in Danish).

 

Insurance

BvHD have taken out the standard lawyer insurance with Chartis covering any liability incurred by our lawyers.

 

Liability and disclaimer

BvHD are liable in accordance with the customary rules on professional liability of advisers under Danish law as well as the Danish Administration of Justice Act (Retsplejeloven) and the Professional Code of Conduct laid out by The Danish Bar and Law Society.

 

BvHD may however not be held liable for indirect losses or consequential damage, including loss of profits or turnover. Further our liability – if any – is limited to DKK 2,500,000 per assignment. On larger assignments the amount may be increased on the basis of a written agreement.

 

BvHD are not liable for any loss suffered by the client due to a third party which the client has been referred to by us. Furthermore, we are not liable for errors made by subcontractors including consultants to whom BvHD, in accordance with the client, have referred the matter. This also applies, even if invoicing is handled by BvHD.

 

Settlement of disputes

The legal services of BvHD are governed by Danish law and Danish courts shall have exclusive jurisdiction to settle any claim or dispute.

 

Amendments to the Terms of Engagement

BvHD are entitled to amend the Terms of Engagement with a notice of one month. Amendments will be posted on our website.