Terms and conditions of business

11 November 2022

offersen:christoffersen’s terms and conditions of business apply to all legal assignments we perform for the client, unless we have entered into another written agreement with the client regarding the performance of the specific assignment in question.

offersen:christoffersen’s attorneys are authorised by the Ministry of Justice and are members of the Danish Bar and Law Society (“Advokatsamfundet”) and The Association of Danish Law Firms (“Danske Advokater”).

Lawyer assignment
offersen:christoffersen’s assignment is defined together with the client. We are in constant dialogue with our clients in order to agree on how the assignment should develop.
We fulfil our assignment in accordance with our agreement with the client. We respect the requirements of ethical behavior according both to the Danish Administration of Justice Act’s rules on lawyers and to the Danish Bar and Law Society’s Council’s (“Advokatrådet”) Code of Conduct for Lawyers.
Our counselling is tailored to the assignment and may not be used for any other purpose without our express, prior and written authorisation.

offersen:christoffersen determines the fee on the basis of an overall assessment according to the guidelines of the Danish Bar and Law Society.
This means that we emphasise the time spent, whether the assignment was carried out under very tight deadlines or outside normal working hours, the nature of the specialized knowledge and experience of the lawyers involved, the complexity and importance of the case to the client, the values involved, the result achieved and the responsibility associated with the solution of the assignment.
We provide fee estimates upon request. The request can be made before the assignment starts or at any point along the way. If it is not possible to provide a fee estimate for the entire assignment, we will initially provide an estimate for the first phase, if possible.
In consumer matters, we always provide fee estimates before the assignment begins.

Costs and expenses
Costs and expenses – such as taxes and fees, travelling and accommodation expenses, as well as certain copying and mailing expenses – are paid by the client, if they are a part of the legal assignment. Travelling and accommodation expenses are generally only paid after prior agreement with the client.
As a general rule, we do not pay disbursements on behalf of the client.

As a general rule, offersen:christoffersen invoices ongoing counselling and ongoing legal assignments (on account) monthly or quarterly, but we are also entitled to invoice at a later date.
Our fees are subject to VAT in accordance with the applicable rules.
Terms of payment are 14 days from the invoice date. In the event of late payment, we are entitled to charge interest in accordance with the Danish Interest Act.

Trusted funds
offersen:christoffersen has not established a client account. We do not receive prepayment of fees, and we do not pay disbursements on behalf of the client, but we ensure the client’s realisation of necessary payments.

Confidentiality obligation
offersen:christoffersen’s partners and employees have a duty of confidentiality. Any information received from or concerning a client received in connection with a legal assignment is considered confidential.
Our duty of confidentiality is governed by rules that imposes a duty of disclosure on lawyers in relation to public authorities and other similar institutions.
We may therefore be obliged by law to disclose confidential information, and exceptions to the duty of confidentiality may also be required in special cases.

Conflict of interest or conflict of loyalty
offersen:christoffersen ensures, both upon receipt of an assignment and continuously during the fulfilment of the assignment, that there is no conflict of interest or conflict of loyalty that prevents us from performing the legal task in accordance with Danish law and the applicable rules of professional conduct.
If we are or become disqualified, we are happy to assist by recommending another lawyer. We have established internal procedures to identify conflicts of interest and conflict of loyalty.

Money laundering and terrorist financing
offersen:christoffersen is covered by the Act on Preventive Measures against Money Laundering and Financing of Terrorism.
Therefore, we are obliged to obtain and store identity information about clients for five years in connection with certain legal assignments.
We have established internal procedures etc. for the prevention of money laundering and terrorist financing.

Insider trading
Any employee of offersen:christoffersen is subject to the Danish Securities Trading Act’s prohibition on disclosure of inside knowledge about listed companies and restrictions on trading in listed securities.
We have established internal procedures for the prevention of insider trading.

Liability for damages
offersen:christoffersen is liable for damages according to general rules of Danish law for errors committed during our professional counselling.
Our liability is limited to a maximum of DKK 25 million per claim. All claims arising out of the same act or omission, whether one-off, continuous or repeated and , irrespective of whether one or more of physical and/or legal persons is considered an injured parties that can make a claim in connection with the act or omission giving rise to our liability.
Our liability does not include business interruption, loss of data, loss of profit, goodwill, image, etc. or other forms of indirect losses.
We are not liable for other advisers that we have entrusted parts of the assignment to – as per agreement with the client – or whom the client has engaged after our referral.
We have liability insurance with a recognised insurance company.

offersen:christoffersen is – in its marketing of the business – entitled to mention the client and/or the assignment if the information is publicly known as a result of media coverage or similar.

Completion of the assignment
The legal assignment is terminated either at its natural conclusion or by the client’s decision to do so.
We are entitled to terminate legal assignments in accordance with the rules of professional ethics in this regard.
It must be expected that a legal assignment will be terminated if our invoices are not paid despite reminders, or if the client becomes insolvent.
Original documents are normally handed over at the latest at the completion of the legal assignment, and our own case files are archived for at least five years.

If our assistance or fees are unsatisfactory, we recommend that you first enter into a dialogue with us to find an amicable solution.
If we cannot agree on an amicable solution, the client can always complain to the Danish Bar and Law Society. Kronprinsessegade 28, 1306 Copenhagen K
(e-mail: klagesagsafdelingen@advokatsamfundet.dk).
We refer to the Danish Bar and Law Society
(www.advokatsamfundet.dk) regarding the rules of the Danish Bar and Law Society and the legislation that applies to lawyers.

Choice of law and jurisdiction
Any dispute concerning a legal assignment agreed with offersen:christoffersen shall be settled in accordance with Danish law at the Copenhagen City Court or at the consumer’s place of jurisdiction.

Changes to our terms and conditions of business
Our terms and conditions are subject to ongoing changes and were last updated on 11 November 2022. The terms and conditions applicable at all time are available at our website (www.oclaw.dk).