Terms of engagement
1 May 2012
BvHD is a partnership under CVR no. 28 45 31 67.
Defining the task
We aim at defining and determining the factual and economic extent of a task in advance. We offer our clients an initial and informal discussion about their requirements and requests to our legal services.
Performance of the task
Extensive assignments will often be studied and evaluated by several lawyers as we always aim at allocating the optimal team for each individual assignment. The team members are assigned based on the extent and complexity of the assignment, the requirements for expert knowledge as well as the urgency of the assignment. In connection with each assignment, we appoint a responsible partner with whom the client can communicate during the entire course of the assignment. The partner can be another lawyer than the client’s usual contact person at BvHD.
It is very important to us to provide quick responses to our clients, without, however, comprising the quality and objectivity of our services.
Fees and payment
In general, our fees are based on the actual time spent on the assignment. Time spent for transport is 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 the code of legal ethics, we inform potential clients on request of the most important elements of the expected assistance, the size of our fee and expected disbursements and levies to the authorities. Unless an agreement on a fixed fee has been made, 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.
On the client’s request, we submit an estimate of our fee. An estimate of fee is based on our knowledge about the case at the given time and is therefore not a binding estimate. We will inform the client as soon as possible if the total fee is expected to exceed the estimated fee.
When dealing with consumers, we always inform our fee in writing before initiating the work, including information on how the fee is calculated, the expected total fee (non-binding) and an estimate of possible disbursements.
Usually, we charge a deposit, and we charge advance payments 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 attached the invoice.
Our terms of payment are net cash no later than 14 days from the invoice date. 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, are 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 covered by 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 code of legal ethics. Set-off is not possible, however, in amounts marked for specific purposes.
Confidentiality, legal capacity and disclosure of inside information
All BvHD employees are 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 confidential material.
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 special regulations in accordance with the current legislation concerning disclosure of inside information about listed companies and restrictions on trade of listed securities.
BvHD is subject to the Danish Money Laundering Act and is consequently obligated to report any suspicion of money laundering. Accordingly, we are obligated to obtain and keep information regarding our clients’ identities.
We collect and keep personal data on our clients. If the client is a private individual, we need the name, address and civil registration number of the client, and identification such as passport or driver’s license. When the client is a company, we furthermore need information on the owner of the company to ensure knowledge of who is behind the legal person. Therefore, we need the name of the company, the legal form, the address, company registration number, management form and the provisions regulating the powers to sign for the company. Furthermore, we may claim documentation for the ownership structure and identification of the owners of the company.
The above information will be updated continuously and will be kept safely, also after termination of the client relationship.
BvHD uses e-mails to a significant extent in connection with exchange of correspondence and documents. We accept, however, a client’s wish not to use e-mail, and arrangements can also be made to use encrypted communication and certified digital signatures.
BvHD’s office hours are Monday – Thursday between 08:30 a.m. - 04:30 p.m., and Friday between 08:30 a.m. – 03:30 p.m. BvHD lawyers can, after agreement, be contacted outside normal office hours on their direct telephone number or on their mobile phone number. All telephone numbers are stated under each employee on our website.
BvHD continuously strives at ensuring an optimal 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 do not hesitate to inform us heron.
Rules governing the practice of law
All lawyers at 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.
For obtaining a list of the current 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 these rules (only available in Danish).
BvHD have taken out the standard lawyer insurance with AIG covering any liability incurred by our lawyers.
Liability and disclaimer
BvHD is liable in accordance with the general rules of Danish law on professional liability of advisers 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 any indirect losses or consequential damage, including loss of profits or loss of turnover. Furthermore, our liability, if any, is limited to DKK 2,500,000 per assignment. On larger assignments, the amount may be increased according to written agreement.
BvHD is 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 if invoicing is handled by BvHD.
Applicable law and venue
BvHD’s legal services are governed by Danish law, and Danish courts have exclusive jurisdiction to settle any claims or disputes.
Amendments to the Terms of Engagement
BvHD is entitled to amend the Terms of Engagement with a notice of one month. Amendments will be posted on our website.