Unless otherwise agreed in writing between Clemens Advokater and the client, these Terms of Business apply to the legal advice and services provided by Clemens Advokater.

The Terms of Business become effective on 1 April 2012.

  1. 1. LEGAL ADVICE AND SERVICES – instructions, execution and
    completion.
    1. 1.1. Clemens Advokater’s services comprise legal advice on all aspects of Danish law.
    2. 1.2. All Clemens Advokater’s solicitors are licensed to practise law by the Danish Ministry of Justice and are members of the Danish Bar and Law Society. Clemens Advokater and their solicitors are regulated and supervised by the Danish Bar and Law Society to ensure that Clemens Advokater and their solicitors comply with the rules applicable to the Danish legal profession and follow good legal practice.
    3. 1.3. All services are provided according to the rules and regulations applicable to the work of Danish solicitors, including the Danish Administration of Justice Act and other applicable legislation.
    4. 1.4. Like any other law firm, CLEMENS Advokater are subject to the provisions of the Danish Money Laundering Act on the prevention of money laundering and financing of terrorism which means that Clemens Advokater are under obligation to obtain and store identity information on their clients. This means that before Clemens Advokater can commence work for a client, the firm must obtain information confirming the client’s name, address and CPR or CVR number.
    5. 1.5. Prior to starting work on a case, Clemens Advokater ascertain whether conflicts of interest that mean that Clemens Advokater are prevented from representing the client exist.
    6. 1.6. The client is given the required rights to use the written material supplied to the client by Clemens Advokater during the case. All intellectual and other rights to such material remain the property of Clemens Advokater.
    7. 1.7. Clemens Advokater keep all files for a minimum of five (5) years from the conclusion of the case. Original documents are returned to the client no later than at the conclusion of the case.
    8. 1.8. Clemens Advokater are entitled to refuse to carry out an instruction if such an instruction breaks the law or other rules and regulations. Clemens Advokater may at any time terminate their services while respecting the obligations contained in the Code of Conduct that state that a solicitor may not withdraw from a case in such a way or under such circumstances that the client is prevented from seeking alternative legal assistance in a timely manner without other damaging effects.
  2. 2. FEES – specification, invoicing and client funds.
    1. 2.1. All legal services are provided according to the rules and regulations applicable to the work of Danish solicitors, including the provisions contained in the Danish Administration of Justice Act and other applicable codes of professional conduct. Fees are determined on the basis of the scope of the work. This takes into account whether the work has been performed outside normal working hours, the interest the matter represents to the client, the value of the services provided by Clemens Advokater, the complexity of the responsibilities associated with the case, the degree of specialist knowledge that the case has required and the result obtained. Fees are subject to VAT unless exempt under applicable legislation.
    2. 2.2. Clemens Advokater are not under obligation to defray case-related charges and expenses, including fees, reasonable travel and accommodation expenses, meals, major copy and postage expenses which are payable by the client in addition to the fee. Direct charges and expenses are shown on the invoice. As a rule, charges and expenses will be invoiced separately by Clemens Advokater prior to the payment of such charges.
    3. 2.3. Clemens Advokater’s payment terms are 14 days from the date of invoice. In the event of delayed payment, Clemens Advokater apply interest on overdue payments according to the Danish Interest Act.
    4. 2.4. All client funds entrusted to Clemens Advokater are managed according to the rules set out by the Danish Bar and Law Society and are held in client accounts. Accrued interest is credited to the client according to the rules set out by the Danish Bar and Law Society.
    5. 2.5. When an agreement is entered into for the provision of legal services, Clemens Advokater will at the client’s request provide information on the most important elements of the legal services and the estimated fee. Unfortunately, it will often be impossible to provide a fixed or precise fee for casework. Clemens Advokater will instead specify the way in which the fee is calculated or give a reasoned estimate as to the size of the fee. The client will further, at the client’s request, be provided with information pertaining to the expenses Clemens Advokater expect to incur in connection with the case. – In consumer cases, Clemens Advokater will provide the above information on the size of the fee, etc., irrespective of whether the client requests this, according to applicable rules.

  3. 3. CONFIDENTIALITY – duty of secrecy and conflicts of interest.
    1. 3.1. Clemens Advokater are under obligation to treat all information received about the client as confidential. All employees at Clemens Advokater are bound by confidentiality.
    2. 3.2. This confidentiality applies without time limit, and thereby also after the legal services have been concluded.
    3. 3.3. Confidentiality is limited by the special exclusions contained in public law, including the rules and regulations on money laundering.
    4. 3.4. Under the applicable rules on conflicts of interest contained in the Code of Conduct, Clemens Advokater may without the client’s consent offer their legal services to other companies within the same industry.
  4. 4. LIABILITY – limitation of liability and insurance.
    1. 4.1. Clemens Advokater are liable for the legal advice and services provided according to the general rules of Danish law and are insured for public liability with a recognised insurance company. Client information on Clemens Advokater’s insurance company can be found on the Clemens Advokater website.
    2. 4.2. Notwithstanding point 4.1, Clemens Advokater are not liable for indirect losses or consequential losses, including loss of goodwill, operating losses, loss of data or lost profit. The liability of Clemens Advokater, their partners and their employees is limited to max. DKK 50 million per matter or case. Liability is limited as follows: – Clemens Advokater’s liability for legal advice pertaining to a case cannot exceed DKK 50 million. – The client may solely make a claim against Clemens Advokater as a firm and not against their individual partners or other legal employees.
    3. 4.3. Clemens Advokater provide legal advice solely on aspects of Danish law. If the matter or case requires legal advice on the laws of other countries, Clemens Advokater recommend that the client contact legal experts in the country concerned. Clemens Advokater’s involvement in such parts of a case cannot be regarded as legal advice on aspects of the law in other countries.
    4. 4.4. Clemens Advokater’s partners and employees are not liable for errors made by advisors to whom Clemens Advokater have referred the client. Clemens Advokater and their partners and employees likewise cannot be held liable for errors made by subcontractors to whom Clemens Advokater by agreement with the client have handed over parts of the case.
  5. 5. DISPUTES – choice of law and jurisdiction.
    1. 5.1. In the event of dissatisfaction with Clemens Advokater’s advice or handling of the matter or case in general, the client may at any time contact the responsible partner or Clemens Advokater’s managing partner.
    2. 5.2. Clemens Advokater are subject to the Code of Conduct set out by the Danish Bar and Law Society. The client may lodge a complaint pertaining to the legal advice provided and the fee charged to the Disciplinary Board of the Danish Bar and Law Society. The Code of Conduct can be found at www.advokat-samfundet.dk.
    3. 5.3. Disputes arising from the legal advice provided by Clemens Advokater are subject to Danish law and must be settled in the Danish courts.
CLEMENS Law – Terms of Business