Lawyers are obliged to provide a wide range of information when we take on a case. In these terms and conditions, we provide this information, and the terms and conditions are therefore part of Advokatkompagniets agreement with the client and may be elaborated in specific agreements with the client. In this case, the terms and conditions apply in full.
1.1 Fee structure
If the client is a consumer, the lawyer must, at the start of the case, provide the client with information on the main elements of the case undertaken by the lawyer and provide information on the expected price or on how the fee will be calculated. If the client is a business client, the lawyer must describe the main elements of the legal assistance unless it is clear from the context. The lawyer's fees are determined according to an estimate that includes, among other things, time spent, the responsibility associated with the case, the importance and/or value of the case for the client, the outcome of the case, the nature and extent of the work performed by the lawyer, including whether it has been urgent tasks or work evening or weekend, etc.
1.2 Registration of time
All employees at Advokatkompagniet who works on a case records the time they spend working on the case It is recorded who is doing the work, what is being done and how long it has taken. Everything is recorded, including meetings, telephone conversations, case processing, correspondence, e-mails, preparation of documents, participation in court hearings, transport time, etc.
1.3 Information on fee from the beginning
When we receive a case from a consumer client, we provide price information based on our experience with similar cases. In some cases, we can give a fixed price from the start, while in other cases it is not possible to estimate the final settlement, as the scope and complexity of the case is not yet known. In these cases, we inform you about the principles for settlement, as well as which hourly rates the employees who work with your case settle based on. At the start of the case, we also disclose known expected expenses to persons other than the lawyer, e.g. court fees, registration fees, expenses for inspection and estimation, notary, etc. If we have provided an estimate of the costs of the case which cannot be met because the case is developing, we will send a new estimate.
Business clients get pricing information if they ask for it.
1.4 The settlement itself
We ask for a deposit at the start of the case, and payment will be made on account on an ongoing basis. At the end of the case, final settlement will be made on the basis of the principles set out in points 1.1 to 1.3.
Advokatkompagniet does not set amounts for the client for e.g. court fees, surveys and estimates, subpoena fees, appeal fees, registration fees, etc. The client will therefore be charged these amounts in advance.
If our bill is not paid on time, bank statements with a reminder fee of DKK 100 will be issued up to three times, and interest will be charged according to the Interest Act. If payment is still not made, the case will be transferred to judicial debt collection.
1.5 Legal aid and legal expenses insurance.
At the start of the case, Advokatkompagniet investigates whether it is possible to obtain legal aid or seek legal aid cover from an insurance company.
Legal aid is only relevant if there is a lawsuit and free legal aid only covers from the time the case is filed with the court, i.e., not the work that precedes it. As a rule, you can only get free legal aid if you have a reasonable prospect of winning the case. Free legal aid does not cover case processing by public authorities or councils and boards, e.g. Arbejdsmarkedets Erhvervssikring, Udlændingestyrelsen, Siri, Familieretshuset etc.
In order to be granted legal aid, you must meet the financial conditions stated on Civilstyrelsens website.
As we do not automatically receive information about salary income and marital status, it is the client's own responsibility to make the lawyer aware if income conditions change during the case, e.g., because you become unemployed or single, and you therefore meet the conditions for free legal aid.
Legal aid insurance is also only relevant in the case of legal proceedings. Legal expenses insurance works in such a way that a lawyer must apply for coverage for a proposed or brought lawsuit. See more here.
If legal aid or legal aid coverage is granted in a case where the court is located in a city other than Aarhus, there will be "travel reservations", i.e., the court/insurance company will not pay for choosing a lawyer who has an office in a city other than the court. The law firm will ask the client to pay the positive costs of the case itself, including transport by car, train, or plane as well as the lawyer's travel time at half an hourly rate.
Since August 2002, all Danish lawyers have been covered by the Money Laundering Act. This is a consequence of an EU directive implemented by amending the Law on the Prevention of Money Laundering and Terrorist Financing. Among other things, the law requires lawyers:
- To obtain identity information about the client at the start of the case.
- To obtain identity information on the proxy and the principal if the client/contact person is acting on behalf of someone else.
- To keep the identity information as well as documents and records regarding transactions for at least 5 years after the end of the case,
- To report either to the Danish Bar and Law Society or to the State Prosecutor for Serious Economic Crimes if the lawyer suspects that a transaction is related to money laundering or terrorist financing, and a closer examination cannot refute this suspicion
However, the rules do not apply to defense counsel in criminal cases, and certain cases are exempt.
As a client of a lawyer, you are obliged to provide identity information, i.e. information about name, address, cpr.nr., CVR no., udlændingenummer or similar, if the lawyer asks for it and the case is covered by the duty of disclosure.
For private individuals, this can be done by presenting a passport, driver's license or other official photo ID as well as a valid health insurance card. Traders must show a printout from the CVR register. The lawyer must be allowed to take a copy of the identification so that it can be stored in Advokatkompagniets case management system, where it is stored for up to 5 years after the end of the case.
If the client/contact person acts on behalf of someone else, the power of attorney relationship must be documented.
Advokatkompagniet A/S is a limited company with CVR. NO. 29685908.
All our lawyers are appointed as lawyers by the Ministry of Justice in Denmark and are members of the Danish Bar and Law Society. Advokatkompagniet has taken out liability insurance and provided a guarantee in accordance with the rules laid down by the Danish Bar and Law Society, and the liability insurance covers all legal activities, regardless of where the legal profession is practiced. The liability insurance is taken out with HDI-Danmark, Indiakaj 6, 1st floor, 2100 Copenhagen K.
The guarantee will be taken out individually, which is why there is no fixed contact information, but it will be disclosed individually in cases where relevant.
The lawyers at Advokatkompagniet are covered by the Danish Bar and Law Society’s supervisory and disciplinary system and by the rules on good legal practice, cf. section 126 of the Danish Administration of Justice Act, Retsplejeloven. In addition, the rules of professional ethics apply. You can complain about lawyers' fees and conduct to the Danish Bar and Law Board, Kronprinsessegade 28, 1306 Copenhagen K, Phone: 33 96 97 98. Read more here.
Advokatkompagniets client account is in Sparekassen Kronjylland. The guarantee fund covers, under certain conditions, bank and savings bank deposits of up to EUR 100,000 per customer. This applies to the client's total deposits, including any deposits in Advokatkompagniets client account in the form of e.g. compensation, etc. Read more here.
The law firm does not use contractual clauses on applicable law and/or jurisdiction unless this is agreed with the client.
Advokatkompagniets communication is primarily by e-mail. Advokatkompagniet sends emails via Office 365 as a minimum in TLS 1.2 encryption, which is encryption in the transport layer. We also have the opportunity to secure communication extra in the case of particularly sensitive personal information by encrypting attached documents and securing them with a code, just as we can send with "sikkermail" via Nets if the recipient can receive via Nets. On the other hand, we cannot send by E-Boks, mit.dk or borger.dk.
When Advokatkompagniet processes cases – we also process personal data.
This is basic information such as name, address, cpr. nr., but it may also be about health information, financial information, etc. You always have the right to know what information Advokatkompagniet processes, and it is our responsibility to ensure that the information is stored securely. Our personal data policy can be read here.
Aarhus, 30. January 2023