3. February 2021
In the absence of any agreement to the contrary with the client, Elmann and Elmann IPR (hereinafter “we” or “Elmann”) apply general terms and conditions to all assignments we accept.
1. General Information
The attorneys at Elmann are appointed by the Ministry of Justice and are members of the Danish Bar and Law Society.
They are supervised by by the Danish Bar and Law Society and are subject to its disciplinary system and the rules regarding legal ethics per Section 126 of the Danish Administration of Justice Act. Additionally, the Code of Conduct for the Danish Bar and Law Society apply. The rules specifically applicable to the practice of law are stated on the Danish Bar and Law Society website Advokatsamfundets hjemmeside.
2. Conflicts of Interest
Before we accept an assignment, we ensure that there are no conflicts of interest or loyalty that could prevent us from representing the client. If, in connection with our performance of the assignment, we encounter any grounds for disqualification or a conflict of interest resulting in us having to recuse ourselves, we will refer the client to a different law firm.
3. Information about Client Identity
We are subject to the provisions of legislation to combat money laundering, as are all other law firms.
This act obliges us, inter alia, to collect and store information about the identity of all our clients. Before we start work on an assignment, our clients must provide us with their name, address, and personal identification number or company registration number, along with documentation for same. For companies and foundations, we are in addition obliged to collect and store information about and documentation for the actual ownership of the company/foundation in question.
4. Performance of Assignments
Our work is exclusively composed of providing legal advice. The scope and nature of our work in relation to the individual assignment is agreed upon in writing with the client when the assignment is initiated and possibly also on an ongoing basis as the case evolves.
All assignments are carried out in accordance with the Code of Conduct issued by the Danish Bar and Law Society, the provisions of the Danish Administration of Justice Act as pertaining to lawyers, and other relevant legislation.
5. Fees and Invoicing
Our fees are determined on the basis of the scope of the work performed and the value delivered to the client. In determining our fees, we base our calculations on the hours worked at Elmann’s hourly rates applicable at any time, the specialist knowledge applied, the complexity of the assignment, the benefit obtained by the client, the liability associated with the assignment, and the result achieved. Over and above the agreed fees, clients are to cover relevant out of pocket expenses incurred in connection with the support provided.
On request and prior to commencing work on an assignment, we are happy to provide and explain a detailed estimate of and information about the anticipated fees and out of pocket costs. Similarly, we always make sure to inform the client as soon as possible if we have reason to believe that our total fees will exceed the estimate. We always inform clients of the anticipated fee before we start work on an assignment.
We usually invoice monthly. However, we request payment in advance to cover out of pocket costs.
Our terms of payment are net cash within eight (8) days of the date of the invoice. In the event of late payments, we charge penalty interest pursuant to the provisions of the Danish Interest Act.
6. Archiving
We store case files and client identity details for five (5) years after the conclusion of the assignment at no extra charge.
Original documents are returned no later than at the conclusion of the case.
7. Client Funds
Elmann handles funds held on behalf of clients (“Client Funds”) in compliance with applicable law. In accordance with such regulations, Client Funds are deposited in designated accounts with leading Danish banks. Positive interest accrues to the client, whereas negative interest will be deducted from the balance. Elmann has accounts for Client Funds in Danske Bank and Nordea. Client Funds are protected by the Guarantee Scheme for Depositors and Investors (in Danish: Lov om indskyder- og investorgarantiordning). As of 1 June 2015, this protection is limited to a general coverage maximum of EUR 100,000 per client per bank.
The coverage maximum applies to the sum total of deposits in separate accounts (Client Fund and private accounts). Specific rules apply to deposits related to real estate if the real estate has been used for or is mainly intended for non-commercial purposes. In such situations, deposits are protected up to EUR 10 million until 12 months after the amount was deposited, regardless whether the deposit is in a separate account. Further information can be found on the deposit insurance website www.gii.dk.
Elmann is not liable for any loss of Client Funds resulting from the insolvency of the bank in which Client Funds are deposited.
8. Confidentiality
All staff at Elmann are obliged to respect professional confidentiality. Information from or concerning our clients is, of course, treated in the strictest of confidence.
The confidentiality obligation applies in accordance with rules and regulations that oblige us to provide information to public authorities or other bodies, including the provisions of Danish legislation to combat money laundering.
9. Liability, Limitation of Liability, and Insurance
Elmann is liable for the advice provided pursuant to the general rules of Danish law, with limitations in accordance with the agreed scope of our assignment. All attorneys at Elmann are covered by the company’s liability insurance and a guarantee fund provided by Codan Forsikring A/S.
Our liability does not extend to loss of operations, loss of time, loss of data, loss of earnings, loss of goodwill, or any similar indirect losses.
Our liability in any individual case is limited to a maximum of DKK 20,000,000, and the client always accepts that a claim may be made against Elmann and/or its general partner, but not against Elmann’s employees or partners personally.
We accept no liability for consulting services provided by our clients’ other advisors, regardless whether such advisors may have been engaged with our assistance.
10. Complaints
In the event of dissatisfaction with the advice provided or with our handling of the case in any other respect, our clients are always welcome to contact either the partner handling the case or our managing partner.
We are subject to the Code of Conduct issued by the General Council of the Danish Bar and Law Society. Any complaints concerning our advice and/or the calculated fees may therefore also be brought before the Disciplinary Board of the Danish Bar and Law Society (in Danish: Advokatnævnet). The Code of Conduct for the Danish Bar and Law Society is published online at www.advokatsamfundet.dk.
Contact information for Advokatnævnet:
Advokatnævnets sekretariat, Kronprinsessegade 28, 1306 København K.
Email: klagesagsafdelingen@advokatsamfundet.
www.advokatsamfundet.dk/Advokatnaevnet.
11. Applicable Law and Jurisdiction
Any disputes between a client and Elmann shall be resolved in accordance with Danish law and may be brought before Danish courts only. Elmann does not apply contractual clauses to court jurisdiction and applicable law unless it is agreed with the client.