Business Terms – Labora Legal

Labora Legal is an office partnership consisting of independent law firms each operating on a personal level. These business terms (“Terms”) are applicable to assignments performed by one of the independent law firms, unless otherwise agreed. The Terms constitute an addendum to the engagement letter (“Engagement Letter”) which is usually concluded between the client and the individual Labora Legal law firm.

Labora Legal is an office partnership consisting of independent law firms each operating on a personal level. These business terms (“Terms”) are applicable to assignments performed by one of the independent law firms, unless otherwise agreed. The Terms constitute an addendum to the engagement letter (“Engagement Letter”) which is usually concluded between the client and the individual Labora Legal law firm.

The individual Labora law firm has the sole responsibility for the performance of the assignment and is in the following referred to as the individual “LL”.

The Engagement Letter and these Terms constitute the overall contractual basis (the “Agreement”) between LL and the client. The Agreement reflects the full understanding between the client and LL in relation to the services described and shall prevail over all previous oral and written agreements. The Agreement can only be changed or modified in writing (also with respect to changes in the scope and the nature of the services and the fee).

In case of discrepancies between the Terms and the Agreement, the Agreement shall prevail.

1. CONFIDENTIALITY AND LEGAL CAPACITY

As from the first enquiry, the client can have complete confidence that the enquiry and all information from or about the client will be subject to an unconditional duty of confidentiality. Furthermore, we make sure that all material, irrespective of the means of communication, will be treated and kept in confidence.We also have procedures in place to reveal any conflicts of interest and problems in relation to legal capacity. This means that we will not assist clients with assignments that involve or are expected to involve a conflict of interest.

2. RULES REGARDING MONEY LAUNDERING

Like other law firms, LL is subject to the rules set forth in the Danish Act on Measures to Prevent Money Laundering. This means that to the extent we are obligated to do so under the Act, we will collect and keep identity information on clients. We have an internal code of practice ensuring that the legal requirements under the Act are fulfilled in relation to the individual assignment.

3. RULES FOR PRACTISING LAW AND HANDLING OF CLIENT FUNDS

As law firm, we are appointed by the Danish Ministry of Justice and conjoin the Danish Bar and Law Society (Advokatsamfundet). On the website of the Society under the section “Rules”, the provisions of the Danish Administration of Justice Act as regards practicing law as well as the Bar and Law Society’s rules with respect to the code of conduct for lawyers can be found. At LL we do not receive trust funds, but only payment for our work and disbursements. Therefore, we do not administrate client funds, which are subject to rules for the handling of client funds.

4. FEES AND DISBURSEMENTS

As a main rule, our fees are calculated on basis of the time spent on the case. In addition and depending on the circumstances, account will be taken of, inter alia, the importance of the assignment, its complexity and value for the client, the outcome of the case, the type and scope of the work performed as well as the specialist knowledge required and the liability exposure involved.

We always inform consumers/private individuals about our hourly rates, including VAT, and – if possible – we provide a well-founded estimate of the fee and information on the expected costs and disbursements. Upon request, we are also prepared to provide similar information to corporate clients. We inform the client as early as possible in the event that the total fees are likely to exceed the original estimate.

5. INVOICING

As a general rule, LL issues its invoices on a monthly or quarterly basis. However, lawsuits may be invoiced over a longer period, depending on the nature and the progress of the case. Disbursements and expenses in connection with the case are specified explicitly. Unless otherwise agreed or stated on the invoice, the terms of payment are two weeks of the date of invoice, VAT is added in accordance with the applicable rules. In the event of overdue payment, interest is added according to the provisions of the Danish Interest Act, as well as a reminder fee.

6. PERSONAL DATA

In our administration of client relationships, we will process a number of personal data about the client and employees of the client. This involves contact details on the client’s employees, information for invoicing and accounting purposes, and other ordinary personal data that are necessary in relation to our operations and which do not violate the client’s or the employee’s rights.

In connection with the case management, we are able to handle all personal data on the client or the employees who directly or indirectly (secondary parties) are involved in the facts of the case.

Apart from administrative objectives, including contact and conflict of interest check, the purpose of processing personal data is to assess and handle the legal aspects of the case and to provide legal advice to the client.

To enable us to assess a case, it may also be necessary to collect information from official sources and from persons who know the case. The client’s personal data may be shared with the companies working in the office partnership under the name of Labora Legal, with the other party of the case, law courts, industrial arbitration tribunals, the Board of Equal Treatment, and other dispute resolution institutes. Further information on the processing of the client’s personal data, including the client’s rights in this respect, can be found on this website.

We have implemented procedures for safeguarding personal data, and our employees are educated and trained in the rules for personal data, the compliance with these rules, and confidentiality requirements.

We have appropriate security measures in place to safeguard the accessibility, confidentiality, resilience and integrity of personal data.In our capacity of lawyers, we are not regarded as data processors in connection with legal counselling, but as data controllers, for which reason it is not necessary to conclude a data processing agreement between the client and LL.

7. LIABILITY AND INSURANCE

The individual LL, forming a party to the Agreement, is liable for the services provided in accordance with the general rules of Danish law. The individual LL has taken out lawyer’s professional liability insurance and warranties pursuant to the rules laid down by the Danish Bar and Law Society. The liability insurance covers the practice of law, no matter the location where it is exercised. Each LL is insured under an independent policy.

The liability does not include operating loss, loss of time and of data, lost earnings, earnings potentials or goodwill, image and any other indirect loss or consequential damages. Liability for damages in connection with legal advice and assistance is limited to DKK 2,500,000. LL only gives advice on Danish legislation.

Any statements or information from LL about matters regarding other jurisdictions than Danish law are exclusively of informative nature and are provided without liability for LL. If a case involves foreign jurisdiction, we recommend the client to engage foreign lawyers.

LL does not assume responsibility for any wrong advice from foreign lawyers, irrespective of the contact to such lawyers having been established with the assistance of LL or the advice has been obtained through LL.

8. FILING AND RIGHTS IN THIS RESPECT

Documents regarding an assignment, including electronic data, are generally kept for the duration of the client relationship and for the period during which a legal claim can be asserted by or against LL.

LL is the owner of the copyright and other intellectual property rights for the specific written material prepared in connection with the solution of the matter in question. However, the client will receive the necessary rights for own purposes.

9. ELECTRONIC COMMUNICATON

LL and the client accept the use of electronic communication (including emails and other media) and the risks involved in this respect. Each party is responsible for the protection of its own systems in connection with electronic communication. LL and LL’s sub-suppliers are not liable for errors, losses, viruses, delays, damages, etc. arising in connection with or resulting from the use of electronic communication and information. Depending on the sensitivity of the case and the concrete communication, encryption systems or digital signature will be used. Upon request and against cost coverage, the client’s wish for an encryption system will be satisfied.

10. COMPLAINTS

In performing its legal practice, LL is subject to the special rules applicable in this respect. These rules can be found on the website of the Danish Bar and Law Society (Advokatsamfundet), which also describes the possibilities of and the reasons for which a complaint can be filed about the conduct of the lawyer in question or about the fee. The Danish Bar and Law Society is located at the address: Kronprinsessegade 28, 1306 Koebenhavn K.

Complaints about our processing of personal data can be filed with the Danish Data Protection Agency (Datatilsynet) at Borgergade 28, 5, 1300 Koebenhavn K and at www.datatilsynet.dk.

However, we urge the client first to contact the individual LL with whom the client has concluded the Agreement.

11. DISPUTES

These Terms are subject to and construed in accordance with Danish law.Any disputes in connection with the Terms or the Agreement that cannot be solved amicably, or which the client cannot solve with the assistance of the Danish Bar and Law Society, must be brought before the Danish courts.

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