Terms of business
Atlas Ellebye Advokater’s terms of business apply to the legal advice and the services offered by Atlas Ellebye Advokater to our clients unless otherwise expressly agreed with the client.
1. Conflicts of interest
When Atlas Ellebye Advokater receives a case, we ensure that there are no conflicts of interest or loyalty. If a conflict of interest arises in connection with performance of the work that has the effect that Atlas Ellebye Advokater have to withdraw from the case, prompt notice will be given and Atlas Ellebye Advokater will of course assist the client by referring to another competent lawyer if the client wants us to do so.
2. Identity details
Atlas Ellebye Advokater are covered by the provisions of the act on money laundering. The law prescribes, amongst others, the duty in most cases to collect and retain identity details about all clients. Clients must therefore, prior to commencement of a case, provide name, address and Civil Reg. No. or CBR No. and supply proof hereof as appropriate. As regards companies and other legal entities, Atlas Ellebye Advokater are in some cases, moreover, under an obligation to collect and retain information and proof of companies’ etc. correct ownership.
3. Performance of the task
All tasks are performed in compliance with the ethical rules applying to lawyers, the provisions of the Danish Administration of Justice Act pertaining to lawyers and other relevant legislation.
4. Fees and terms of payments
Unless otherwise agreed on a fixed price or payment according to hours spent, the fee is fixed based on Atlas Ellebye Advokater’s hours spent, the values involved, responsibilities in relation to the task and the result achieved.
Disbursements and other external costs in connection with the task performed are paid by the client plus the normal fee.
Upon request Atlas Ellebye Advokater will, prior to commencement of the work, make an estimate of the fee and provide information about other costs anticipated and associated with the review of the case. If it turns out that the total fee is expected to exceed the estimate, the client will be given notice hereof as soon as possible and in such cases a new estimate will be submitted. In cases where it is not possible to make an estimate of the expected total fee, a price per hour for the task will be given upon request. In consumer cases notice will always be given of the expected size of the fee or - if this is not possible - a price per hour prior to commencement of the work.
Billing of the fee will be made continuously.
Both prior to commencement of a case and during the case, Atlas Ellebye Advokater may require pre-payment or a deposit for coverage in full or in part of future fees and disbursements.
Disbursements and other external expenses are charged prior to bearing the cost or prior to the time when Ellebye Advokater undertake the obligation to pay vis-a-vis third party.
The terms of payment is net cash upon receipt of invoice, unless otherwise stated in the invoice. After due date interest is charged according to the provisions of the Prescribed Rate of Interest Act.
5. Client funds
The Act on depositor guarantees in connection with the bankruptcy of financial institutions stipulates that the same rules apply for funds deposited by you/your company in a bank via a solicitor’s client bank account, as to funds that you yourself have deposited with the bank. If a bank is required to undergo reorganisation or bankruptcy proceedings, depositors (clients/customers) risk the loss of any funds in excess of EUR 100,000 that they may have deposited with the bank in question. This calculation includes any balances on attorney/solicitor client accounts, which means that you potentially risk (in the event of the failure of the bank) the loss of any funds that exceed EUR 100,000. If you/your company has funds deposited with the same bank, both on your own account and in your solicitor’s client account, your maximum cover via the guarantee scheme will only be a total of EUR 100,000. This maximum cover is, however, increased within the context of residential property transactions. In such instances, the guarantee covers up to EUR 10 million, for a period of twelve months after the amount has been deposited.
6. Intellectual property rights
Atlas Ellebye Advokater only provide advice to clients and this may not be used by others without our consent.
Identity details and case files are retained either electronically or in hard copy for 5 years from termination of the case. Original documents are submitted at the latest when the case is closed.
All members of staff at Atlas Ellebye Advokater shall observe professional secrecy. Information from or concerning our clients is kept confidential.
9. Liability, limitation of liability and insurance
Atlas Ellebye Advokater and their lawyers are liable for the advice provided in compliance with the general rules of Danish law with the limitations below.
Atlas Ellebye Advokater and their lawyers are not liable for indirect and consequential loss, including loss of operations, loss of data, loss of profit, goodwill, etc.
The liability for both Atlas Ellebye Advokater and their lawyers is, moreover, limited to max. DKK 5m per case.
Atlas Ellebye Advokater and their lawyers are not liable for advice provided by other advisers to whom Atlas Ellebye Advokater have referred the client nor are Atlas Ellebye Advokater and their lawyers liable for any errors made by other advisors and sub-contractors to whom Atlas Ellebye Advokater has, in agreement with the client, entrusted a case in full or in part.
Atlas Ellebye Advokater have taken out professional liability insurance with HDI-Gerling Forsikring and has put up a guarantee in accordance with the rules laid down by the Danish Bar Society.
10. Choice of law and venue
Atlas Ellebye Advokater’s advice and these terms of business are governed by Danish law. Any dispute between a client and Atlas Ellebye Advokater shall be solved in compliance with Danish law and may only be instituted before the Danish courts.