Terms and conditions (April 2024)
These terms and conditions apply to all assignments undertaken by Detlevsen Law Firm unless otherwise specifically agreed in writing between Detlevsen Law Firm and the client.
The task and use of counselling
Detlevsen Law Firm provides legal advice by agreement with the client and for the client’s use. Advice provided by Detlevsen Law Firm relates to the case or cases resolved by agreement with the client, and the advice may not be used for other purposes unless agreed in writing between the client and Detlevsen Law Firm.
Detlevsen Law Firm does not provide tax advice and Detlevsen Law Firm only advises on Danish law and Danish legal matters.
Confidentiality
Detlevsen Law Firm and all lawyers and employees of Detlevsen Law Firm are subject to a duty of confidentiality. Any information that we receive as part of the fulfilment of an assignment is generally treated as confidential information. Exceptions to this are information that is generally known or publicly available online (e.g. at www.tinglysning.dk or similar).
To the extent required by public law, confidentiality may be breached, but only to the extent legally required by applicable rules.
Client relationships, duty of disclosure and privacy policy
Detlevsen Law Firm is subject to the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism. We therefore collect and store identity information about our clients in accordance with applicable regulations.
Information about Detlevsen Advokatfirma, cf. section 21 of the Code of Conduct, is available on Detlevsen Advokatfirma’s website (www.detlevsen.com).
Processing of personal data about clients, counterparties and others is described in Detlevsen Law Firm’s Privacy Policy, which can be found on Detlevsen Law Firm’s website (www.detlevsen.com).
Conflicts of interest
Detlevsen Law Firm is always entitled to take on an assignment for a client in the same industry as clients already being advised by Detlevsen Law Firm. However, this does not apply if accepting the assignment is contrary to the conflict of interest rules.
Client funds
Funds belonging to clients of Detlevsen Advokatfirma are deposited in special client accounts in recognised Danish banks, and accrued interest (which may be positive or negative) belongs to the client.
Client funds are protected under the Depositor and Investor Guarantee Scheme Act and the protection is limited to EUR 100,000 per depositor per bank.
Detlevsen Advokatfirma is not liable for any loss arising if a bank in which the client funds in question are deposited goes bankrupt or otherwise becomes distressed and this results in a loss of client funds.
Fees and expenses
Detlevsen Law Firm calculates the fee on the basis of an overall estimate, which includes a number of factors including time spent, the importance of the assignment to the client, the complexity of the assignment, the use of specialist knowledge or competences, the value of the assignment and the responsibility that Detlevsen Law Firm assumes in solving the assignment.
At the client’s request (and always if the client is a consumer), Detlevsen Law Firm will estimate the fee associated with the assignment and provide information about any expected costs and disbursements.
Detlevsen Law Firm’s fees also include the time associated with the administration of the assignment, including but not limited to matters related to the assessment and preparation of reportable information (e.g. information on cross-border schemes to the tax authorities).
Unless otherwise agreed with the client, Detlevsen Law Firm invoices monthly in arrears.
Payment of invoices must be made no later than 14 days from the invoice date. In the event of late payment, Detlevsen Advokatfirma will charge default interest in accordance with the Danish Interest Act.
Disbursements and relevant costs incurred in connection with the performance of an assignment will be paid in addition to Detlevsen Law Firm’s fee.
Detlevsen Law Firm does not pay disbursements and other costs and will request prepayment thereof. Detlevsen Advokatfirma also reserves the right to request prepayment of fees before accepting an assignment and may make this a condition for accepting the assignment.
Marketing and copyright
Detlevsen Law Firm is entitled to use a completed assignment in its marketing, including by stating the identity of the client and the nature of the assignment.
Copyright to material prepared by Detlevsen Law Firm is the property of Detlevsen Law Firm. Our material may not be made available to others without our prior written consent.
Relationships with other advisors
Regardless of whether other advisers issue invoices directly to Detlevsen Law Firm, the client remains the client of these advisers and Detlevsen Law Firm is not liable for advice provided by other advisers. This also applies even if external advisors have been engaged by Detlevsen Law Firm or Detlevsen Law Firm has assisted in engaging these advisors.
Insurance coverage, limitation of liability and statute of limitations
Detlevsen Advokatfirma is liable for its advice and other services in accordance with the general rules of Danish law, subject to the limitations set out below.
The client accepts that the client can only raise claims against Detlevsen Law Firm and not against the individual partner, lawyer or employee.
Detlevsen Law Firm is insured for liability in HDI GLOBAL SPECIALTY SE, DENMARK.
The liability for an assignment is limited to an amount equal to 10 times the assignment fee, but not more than DKK 10 million.
Compensation to a client cannot exceed DKK 10 million for claims raised or increased within the same or the immediately following calendar year regardless of the cause of the claim or claims.
Detlevsen Law Firm’s liability does not include loss or damage caused by cyber attacks or IT breakdowns, including loss of data. Detlevsen Advokatfirma’s liability also does not include consequential financial loss, including but not limited to operating loss, loss of time, loss of earnings, impairment of goodwill, reputation, etc. or any other form of indirect loss.
If the client is a business, claims for damages against Detlevsen Law Firm are time-barred 12 months after the client becomes aware, or should have become aware, of the circumstances giving rise to a claim.
However, the statute of limitations begins no later than 3 years after the advice on which the claim is based was provided.
Complaints
The client may submit complaints about Detlevsen Law Firm’s behaviour or fees to the Danish Bar and Law Society via the Danish Bar and Law Society’s website (www.advokatnaevnet.dk) or physically at the following address:
The secretariat of the Bar Council
Kronprinsessegade 28
1306 Copenhagen K
Choice of law and jurisdiction
Any dispute between a client and Detlevsen Law Firm is subject to Danish law and the exclusive jurisdiction of the Danish courts.