TERMS OF BUSINESS OF AUMENTO LAW FIRM
Unless otherwise agreed in writing, these Terms of Business apply to all legal services requested by clients to be provided by one of the independent law firms of Aumento Law Firm.
Description of legal services requested. Before starting on a new project, we normally send a formal acknowledgement of receipt of the client’s instructions as well as a description of the legal services requested. Unless otherwise expressly requested by the client, we may, however, decide not to send such acknowledgement if the client is a business which has already provided us with a description of the services requested, if the scope of the services requested is limited, or if the services are to be provided immediately.
Conflicts of interest. Before starting on a new project, we take measures in compliance with the Code of Conduct of the Danish Bar and Law Society and our own internal conflict of interest procedures to ensure that the project does not give rise to disqualification issues or conflicts of interest. If, in connection with our work, we become disqualified or involved in a conflict of interest to the extent that we can no longer assist the client with the project, we will obviously help the client find another law firm.
Personal identity information and anti-money laundering. Like all other law firms, we are subject to the Danish Anti-Money Laundering Act (hvidvaskloven). For compliance purposes, we are required to obtain personal identity information from new clients and also from existing clients who have not already provided us with such information.
FEES AND PAYMENT
Fees. At Aumento Law Firm, we aim to ensure that the fees payable for our services are always proportionate to the value of the project to the client and the draw on resources. In that connection, we always seek to provide services at the right level of our organisation.
Our fees are based on a number of parameters. In accordance with the general practice of Danish law firms, our fees are determined on the basis of hours spent, the specialist skills required, the experience of the lawyers involved, the value of the subject matter, the importance of the services to the client, the outcome achieved, our liability relating to the provision of services, etc. It can be very difficult to provide a firm fee quote based on the above parameters already before we start on a new project, but, in accordance with the Code of Conduct of the Danish Bar and Law Society, we provide the client with an itemised estimate and information about the expected outlays and expenses when acknowledging receipt of the client’s instructions or if so requested at a later point in time – but always if the client is a consumer – and we will also inform the client as soon as possible if the total fees are expected to exceed the fee estimate. We may also agree with the client to let them know every time we exceed a particular threshold amount.
Invoicing. We normally invoice the client on completion of the project. For long-term projects, we send on account invoices at regular intervals, most often on a monthly basis or every three or six months, unless otherwise agreed. Invoices fall due for payment eight days after invoice date, and VAT is added in accordance with current Danish law. In case of late payment, we charge interest in accordance with the provisions of the Danish Interest Act (renteloven).
Prepayment. If we receive prepayments covering fees, outlays or expenses, we will deposit such funds in our client account. Unless otherwise agreed, such funds inclusive of any accrued interest will be used for the payment of subsequent invoices and expenses. In general, our clients are requested to pay outlays and expenses in advance – and, in exceptional cases, also fees.
Outlays and expenses. In addition to our fees, the client must also pay any outlays and expenses incurred in connection with our work, including e.g. indirect taxes and charges, travel and accommodation expenses and some copy and transport expenses. Depending on the amount involved, we will pay any outlays and expenses for later reimbursement or ask the client to pay the amount in advance.
At Aumento Law Firm, we are all subject to a duty of confidentiality. All information received in connection with our work will be treated as confidential unless it is clear from the circumstances that the nature of such information is not confidential.
At Aumento Law Firm, we are all subject to the prohibition under current Danish law against the disclosure of inside information on listed companies and the restrictions on the trading in listed securities, and to an internal set of rules on insider trading.
USE OF OUR LEGAL ADVICE
Our advice is tailored to suit a specific purpose, and the client is therefore not entitled to use it for any other purpose without our prior express consent. Unless otherwise agreed, we are liable to the client only for the legal services provided.
As a result of the new Danish Act on a Guarantee Scheme for Depositors and Investors (lov om en indskyder- og investorgarantiordning), the funds deposited by the client in an attorney’s client account are subject to the same rules as the funds deposited by the client in its own bank accounts. If the client has deposited funds in its own accounts and in the attorney’s client account with the same bank, the client will only be entitled to recover a total of EUR 100,000 via the guarantee scheme. For real estate transactions, however, the recoverable amount is up to EUR 10 million.
These rules are relevant to our clients since the funds deposited by clients in our client account in connection with our work may be substantial in some periods.
Aumento Law Firm is a group of independent law firms sharing office facilities. The name of the individual law firm’s bank can be found at our website at www.aumento.dk under “People” and the name of the relevant attorney.
COMPLETION OF PROJECTS
In most cases, we will work on a project until its natural conclusion or until requested by the client to discontinue our services. However, we reserve the right to discontinue our services as soon as possible if the due date stated in our invoice has been significantly exceeded or if the client becomes insolvent. We also reserve the right to discontinue our services if, in special circumstances, we are no longer able to take responsibility for the project or if we believe that it is in the client’s best interest that we discontinue our services. In that case, the client will be notified immediately.
Original documents are normally returned to the client when the project is completed or our services are discontinued, and we store project documents for at least five years from the invoice date.
If our assistance or fees do not meet the client’s expectations, we will encourage the client to contact the relevant partner and thus the relevant law firm with which the client has concluded an agreement on the provision of legal services. Aumento Law Firm is also subject to the general rules on complaints of the Danish Bar and Law Society. For any complaints, please contact the Secretariat of the Disciplinary Board of the Danish Bar and Law Society at Kronprinsessegade 28, 1306 Copenhagen K, Denmark, telephone +45 33 96 97 98, email firstname.lastname@example.org, www.advokatsamfundet.dk/Advokatnaevnet.
GOVERNING LAW AND JURISDICTION
Any dispute between a client and Aumento Law Firm must be settled by the competent Danish court in accordance with Danish law.
LIABILITY AND INSURANCE
Aumento Law Firm is a group of independent law firms sharing office facilities, and the individual law firms are therefore not liable for any of the legal services provided by the other law firms.
Each of the law firms of Aumento Law Firm is liable for its own assistance to clients in accordance with the general rules of Danish law, and each law firm is covered by a liability insurance taken out with a reputable insurance company. The liability of each law firm, including the liability of each partner and attorney, is limited to the maximum cover under the insurance. The maximum cover is DKK 50 million per attorney per year, and the total payout to a client cannot exceed that amount for any one claim. It should be noted that the amount of the maximum cover may be reduced as a result of other claims.
It should also be noted that, as the only attorney, the maximum insurance cover of Jette Hassing Ronøe is DKK 2.5 million per year.
In connection with the start-up of a new project, the client is encouraged to consider whether a higher insurance cover is needed/requested and notify the relevant attorney immediately. In that case, additional cover will be taken out for that specific project at the client’s expense.
In no circumstances will the attorney’s liability extend to consequential losses, including loss due to business interruption, loss of data, profit, goodwill, image, etc. or other types of indirect losses.