Terms
Please see our standard terms below. Existing clients are considered to be familiar with our terms and conditions.
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Our hourly rate is typically between NOK 2,900 and 4,500 (excluding VAT), determined based on the nature and complexity of the assignment, and the values involved. In certain cases, we offer a fixed price per assignment by mutual agreement.
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Please contact us for the English translation.
These general terms and conditions apply to all assignments that the firm's lawyers undertake or perform in accordance with the assignment description.
These general terms and conditions are deemed to have been accepted by the client unless the client notifies the responsible lawyer within 3 days that the terms and conditions are not accepted.
Unless otherwise agreed, the conditions will also apply to repeated assignments for the same client.
The law firm's goal and obligation is to promote the client's interests in the best possible way, within the framework of the assignment description, the Courts of Justice Act, the Lawyers' Regulations, the rules of good legal practice and the law firm's internal case processing routines.
All lawyers associated with the firm have a license or authorization to practice law in Norway issued by the Supervisory Council for Legal Practice. All lawyers are members of the Norwegian Bar Association and are therefore subject to the Norwegian Bar Association's special decisions and arrangements for mandatory continuing education and handling of disciplinary complaints.
Introduction
The assignment is stated in the assignment description, and/or the agreements that follow from other oral or written correspondence.
All assignments are assigned to a responsible lawyer in the law firm, who will be able to receive assistance from the firm's other employees in carrying out parts of the assignment.
According to the Money Laundering Act, customer due diligence shall, as a general rule, be carried out with identification checks. The client is obliged to cooperate with such identification checks. Please note that the law firm, if it suspects that transactions are related to proceeds of criminal activity, etc., is required to notify ØKOKRIM of this, however without notifying the client or third parties.
Before an assignment is established, clarification will be sought as to whether there is a conflict of interest or other circumstances that indicate that the law firm cannot or should not undertake the assignment. The client is obliged to contribute to such clarification. The same assessment is made in established assignments when new parties enter the case. If the interests of the client so require and it is found to be unobjectionable, the assignment may be commenced before the clarification has been completed. In such cases, the law firm may have to withdraw from the assignment later because of this.
In order to best promote the client's interests, the law firm is dependent on the client providing complete and prompt information about the facts of the case and what outcome the client wishes to achieve in the case.
All inquiries to and from a counterparty shall be clarified with or through the law firm. The law firm and client shall keep each other informed of the communications that take place with the parties involved.
Establishment and implementation of the mission
Unless otherwise agreed, the basis for invoicing the assignment is the time spent on efficient and professional work on the assignment. Our hourly rates are stated in the assignment confirmation and/or in the price list on our website.
The minimum hourly unit is 0.25 hours (15 minutes). Telephone calls and the like that do not consist of very short messages are billed at a minimum of 0.25 hours.
When determining the final fee, we will also exercise discretion, taking into account the nature and complexity of the work, the outcome of the case, and how effectively the assignment has been carried out, given the lawyer's experience and specialist expertise. The fee shall be in reasonable proportion to the assignment and the work carried out by the lawyer and the other employees of the firm.
The client is responsible for court fees, expert witness fees and other costs incurred in a legal proceeding. The client is also responsible for the opposing party's legal costs, if any. Legal costs will often, but not always, be charged to the unsuccessful party.
The law firm's fee claim against the client is not limited by the client being awarded less in compensation for legal costs than the face value of the fee claim.
Legal restrictions on the client's right to claim compensation for legal aid costs from the opposing party do not limit the law firm's fee claim against the client. Such restrictions are set, among other things, in cases before the Conciliation Board and in small claims proceedings.
The invoice must be accompanied by a specified overview of the work performed, expenses, etc.
All costs and expenses advanced by the law firm will be invoiced together with claims for fees. Re-invoicing of expenses may result in VAT being charged on the expenses.
In the event of late payment, interest will be charged in accordance with the provisions of the Norwegian Act on Interest on Late Payments. In the event of late/missing payment, the Law Firm may suspend/stop the work.
Fee calculation and invoicing
According to the Free Legal Aid Act, certain cases may be entitled to legal assistance that is covered by the public purse (free legal aid). Some types of cases always qualify for free legal aid, while other types of cases require that the client does not have income or assets above certain limits. The County Governor may in certain cases make exceptions to the limits. Further information about free legal aid can be obtained from the County Governor or from our office. The client is encouraged to raise the question of free legal aid coverage with the responsible lawyer for a specific assessment.
The client's legal expenses insurance, contents insurance, travel insurance or other insurance schemes may cover the costs of legal assistance in certain types of cases, depending on the terms of the insurance agreement. The client is obliged to provide the law firm with the necessary information for an assessment of the scope of coverage of the insurance agreement. The client is responsible for any deductible or intermediate amount between the law firm's fee claim and the amount covered by the insurance company.
External coverage of fee costs
The law firm is liable in accordance with the general rules on lawyers' professional liability and is covered by the statutory security for the practice of law, which applies without geographical limitation. The law firm's security provider is AIG Europe Limited, PO Box 1588 Vika, 0118 Oslo, company no. 998 754 194.
The law firm is not responsible for indirect losses, including lost profits.
Liability beyond insurance coverage is limited to the total invoiced fee for the assignment.
Unless otherwise agreed, the assignment does not include advice on the tax and fee law aspects of the case.
The law firm is not responsible for errors committed by advisors to whom the law firm has referred or for subcontractors to whom the law firm, by agreement with the client, has entrusted parts of the assignment.
The law firm is not liable for losses resulting from the case's outcome not being in accordance with the law firm's prior assessment of the case's possible outcome.
The law firm is not liable for loss of managed client funds as a result of bankruptcy or other circumstances on the part of the bank. The law firm would like to point out that the banks' guarantee fund does not guarantee more than NOK 2 million in deposits per depositor (law firm) per bank. Only by special agreement will the law firm take measures that can increase the degree of guarantee coverage for the client's funds.
The law firm's responsibility
Lawyers in the law firm are prohibited from unlawfully disclosing confidential information. In addition, the lawyers are also obliged to treat information beyond this as confidential. In certain statutory cases, exceptions to the duty of secrecy and confidentiality apply. Exceptions follow, among other things, from the Penal Code of 1902 Section 139 and the Money Laundering Act Section 18.
Unless otherwise agreed, the law firm's lawyers are authorized to share the information with other employees of the firm to the extent necessary. The law firm's other employees are subject to the same duty of confidentiality and secrecy as the lawyers.
To the extent necessary for the fulfillment of the assignment, the law firm will process personal data, including special categories of personal data if necessary, in accordance with the Personal Data Act and other regulations. Other parties, such as counterparties, courts and public bodies, will only have access to the personal data to the extent necessary for the assignment. The client has the right to access and information about the processed data, as well as the right to demand correction of incomplete data. The data controller under the Personal Data Act is the law firm through the general manager and if you have any questions about our processing of personal data, the lawyer in charge of the case can be contacted. See also the processing of personal data in the law firm's privacy statement on the law firm's website.
The law firm would like to point out that electronic data communication (e-mail, fax, etc.) generally suffers from weaknesses that mean that unauthorized persons can, under certain circumstances, gain access to the communication. To the extent that confidentiality is necessary, security measures (including encryption and tampering) may be taken to prevent unauthorized access to such communication. See the Personal Data Act, Section 13, cf. the Personal Data Regulations, Section 2-11. As an element in the assessment of whether confidentiality is necessary, emphasis will be placed on the client's sending of unsecured electronic information to the law firm.
Upon completion of the assignment, any original documents in the case will be returned to the client or destroyed as agreed. The law firm is required to store certain documents and information after completion of the assignment. See the Norwegian Accounting Act, Section 13, and the Norwegian Money Laundering Act, Section 22. The law firm may also keep copies of other case documents after completion of the assignment, within the limits set by law. Copies can be provided for a fee.
Processing of information
If the client is dissatisfied with the performance of the assignment or the calculation of the fee, the client is encouraged to immediately raise this with the responsible lawyer. The law firm will immediately assess the matters complained of.
The Norwegian Bar Association's disciplinary committee handles complaints that the lawyer has acted in violation of the rules of good legal practice or has charged too high a fee. As a general rule, the complaint must be filed within six months of the complainant becoming aware of or should have become aware of the circumstances on which the complaint is based. The disciplinary committees have the authority to criticize, reprimand and warn the lawyer, and to reduce the fee claim against the client. The disciplinary committees' decisions can be appealed to the Disciplinary Board. More information can be obtained by contacting the Norwegian Bar Association's secretariat or on the internet: www.advokatenhjelperdeg.no.
Disputes related to the assignment agreement are settled under Norwegian law and can only be brought before Norwegian courts with Oslo District Court as the venue.
Complaint
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The general terms and conditions of the assignment are normally revised once a year and otherwise when the need arises. Changes to the client's disadvantage, which are not necessary due to binding regulations, can only be made effective after one month's notice.