Terms & Conditions

1.1
These general terms and conditions apply to all assignments that the Law Firm’s attorneys or employees undertake or perform in accordance with PART I.

1.2

These general terms and conditions are handed over to the Client upon the establishment of the assignment and are considered accepted by the Client unless notice is given to the responsible attorney within a reasonable time that the terms are not accepted.

1.3 Unless otherwise agreed, the terms and conditions will also apply to repeated assignments for the same Client.

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1.4

The aim and obligation of the Law Firm is to look after the Client's interests in the best possible way, within the framework provided by this assignment agreement, the Courts of Justice Act, the Regulations for Lawyers, the Code of Conduct for Lawyers, the Law Firm's internal case processing routines, as well as other relevant regulations.

1.5
We may agree with the client to assist in retaining the services of other advisers (technical, financial etc.), and lawyers in Norway or overseas. Unless otherwise agreed, such engagements will be on behalf of the client, and the client will be responsible for compensating any retained advisers and lawyers for their services and disbursements. The Law Firm shall have no liability for advice and assistance provided by such advisers and lawyers. This shall apply even if the advice was received by The Law Firm and then forwarded or communicated to the client, even if The Law Firm acts as the retained adviser's or lawyer's customer or client.
 

1.6
All attorneys and assistant attorneys associated with the Law Firm have a licence or authorisation to practise as a lawyer in Norway issued by the Supervisory Council for Legal Practice. All attorneys and assistant attorneys are members of the Norwegian Bar Association and are thus subject to the Norwegian Bar Association's special decisions and schemes for compulsory continuing education and handling of disciplinary complaints.

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1.7

In accordance with the Norwegian Bar Association's guidance on how human rights are expected to be respected by law firms, the responsible attorney will take the initiative to discuss current and potential human rights violations that the assignment may cause, with the aim of assisting the Client in avoiding such violations. The Law Firm reserves the right to withdraw from the assignment if the Client decides not to follow the attorney's advice and it is clear to the attorney that all or parts of the assignment may involve infringement of human rights.

2.1

The description of the assignment is stated in PART I, supplemented by the agreements arising from oral or written correspondence. In the event of a significant change to the assignment, the Client shall receive an updated PART I of the confirmation of assignment.

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2.2

A responsible attorney will be appointed for each and every assignment and will be able to receive assistance from the Law Firm's other employees for the performance of parts of the assignment.

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2.3

In accordance with the Anti-Money Laundering Act, customer due diligence measures must be taken with identity verification. The Client is obliged to contribute to the implementation of customer due diligence measures. Be aware that if there is suspicion that transactions are related to the proceeds of a criminal offence, etc., the Law Firm is obliged to inform ØKOKRIM about this, without any obligation to notify the Client or third parties.

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2.4

Before an assignment is established, it must be ascertained that there is no conflict of interest or other circumstances that indicate that the Law Firm cannot or should not take on the assignment. The Client is obliged to contribute to such clarification. The same applies to an established assignment if a new opponent is introduced into the case. If consideration for the Client so dictates and it is found unproblematic, work may start before the clarification procedure has been completed. In such cases, the Law Firm may have to relinquish the assignment at a later point in time due to this.

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2.5

In order to be able to look after the Client's interests in the best possible way, the Law Firm relies on the Client providing complete information as soon as possible about the facts of the case and the outcome the Client wants to achieve in the case.

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2.6

All inquiries to and from the opponent shall be clarified with or go through the Law Firm. The Law Firm and the Client shall keep each other informed about the communication that takes place with the parties involved.

3.1

Unless agreed otherwise, total costs are based on time spent on work with the Client's assignment. Our indicative hourly rates can be found in PART I of the confirmation of assignment.

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3.2

Our fee is not contingent upon the final result or outcome, and we do not warrant results or final developments in any matter. The scope of our services, as well as the complexity and duration of the assignment, can vary greatly, depending on circumstances that cannot be anticipated.

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3.3

Any estimate of fees we provide should not be taken as a maximum fee or a fixed fee agreement. An estimate of fees is only an indication of the likely amount of our fees, exclusive of VAT and disbursements. An estimate is based on the information we have received when the estimate is given, and is not binding. We will endeavour to inform the client as early as practically possible of any significant deviations from a fee estimate that we have given, however the client will be responsible for the full amount of accrued fees, even if it exceeds the estimate.

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3.4

The minimum hourly unit is 0.25 hours (15 minutes). Phone calls and the like that are calculated with a minimum of 0.25 hours.

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3.5

The Law Firm reserves the right at all times to ask that the client should create a deposit as security for the Law Firm's fees, or make on account payments. Any deposits will be paid into a clients' account. Annual interests in excess of one half of a basic judicial fee amount (R) will be credited to the client. The deposit and any interests accrued will be applied to the client's final bill, when the assignment is completed. Deposited amounts may also be used in settlement of any other outstanding invoices.

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3.6

The Law Firm reserves the right to discontinue the provision of services until any disputes concerning invoice amounts are resolved, and any undisputed due amounts have been settled, and any requested advance payments, on-account payments or deposits have been made. This also applies to representation before the courts or in arbitration.

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3.7

Should the Law Firm suffer a loss (of income) through an assignment or case being cancelled with short notice for reasons not attributable to The Law Firm, we reserve the right to a reasonable compensation.

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3.8

The Client is liable to cover court fees, the costs for expert witnesses and other costs incurred in a legal process. The Client is also liable to cover the opponent's legal costs if these are imposed. Legal costs will often, but not always, be charged to the losing party.

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3.9

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.

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3.10

Statutory limitations in the Client's right to claim compensation for legal aid costs from the opponent do not limit the Law Firm's fee claim against the Client. Such limitations have been determined in cases before the Conciliation Board and in small claims processes, among other things.

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3.11

A specified overview of the work performed, expenditures, etc., shall be attached to the invoice.

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3.12

All costs and expenditures that the Law Firm pays in advance will be invoiced together with the fee claim. Onward invoicing of the expenditures may incur VAT expenses.

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3.13

Interest will be charged on overdue payments pursuant to the provisions of the Norwegian Interest on Overdue Payments Act.

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3.14

The Law Firm reserves the right to apply a different and/or higher fee rate to the opposing party than the one agreed with the client when the court has awarded legal costs to the Law Firm's client, or when a settlement has been reached where the opposing party is to cover the Law Firm's client's legal costs. In such cases, the Law Firm may charge a fee rate that reflects market-based fees for similar services, which may exceed the originally agreed fee rate with the client. The Law Firm may claim such adjusted fee rate directly from the opposing party.

4.1

In accordance with the Act on Free Legal Aid, certain cases may be granted the right to legal assistance that is covered by the public authorities (free legal aid). Some types of case always qualify for free legal aid, while other types of cases require that the Client has no income or wealth in excess of NOK 320,000 (single person), NOK 490,000 (married couples, registered partners, etc.) and NOK 100,000 (net wealth). In certain cases, the County Governor may make exceptions from the limits. Further information about free legal aid may be obtained from the County Governor or from our office. The Client is requested to raise the issue of free legal aid coverage with the responsible attorney for a specific assessment.

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4.2

The Client's possible legal aid insurance, household 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 policy. The Client is obliged to provide the Law Firm with the necessary information for an assessment of the scope of cover of the insurance policy. The Client is liable to cover any excess or difference between the Law Firm's fee claim and the amount the insurance company covers.

5.1

The Law Firm is responsible in accordance with the general rules on the professional liability of attorneys and is covered by the statutory security for practising law, which applies without geographical limitation. The Law Firm's guarantor is Gjensidige Forsikring ASA.

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5.2

We only provide legal advice and assistance, and shall have no liability for advice relating to non-legal matters, such as technical, financial, commercial and environmental circumstances. Unless indicated in the letter or contract of engagement or in a separate written agreement, our advice and assistance will not include any of the following: criminal and indirect or direct taxation issues, or penal or taxation-related consequences of the dispositions subject matter of the advice.

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5.3

The Law Firm is not liable for indirect losses, including lost profits.

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5.4

The Law Firm is not liable for errors made by advisers to whom the Law Firm has referred or for subcontractors to whom the Law Firm has entrusted parts of the performance of the assignment in agreement with the Client.

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5.5

The Law Firm is not liable for any loss as a result of the outcome of the case not corresponding to the assessment the Law Firm has made in advance of the possible outcome of the case.

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5.6

The Law Firm is not liable for any loss of managed Client funds as a result of bankruptcy or other circumstances on the part of the bank. The Law Firm points 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 the Law Firm take measures that can increase the degree of guarantee coverage for the Client's funds.

6.1

Attorneys in the Law Firm are prohibited from disclosing trusted information. In addition, the attorneys are obliged to keep information beyond this confidential. In certain statutory cases, exemptions from the duty of confidentiality apply.

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6.2

Unless otherwise agreed, the Law Firm's attorneys have the right to share information with other employees of the firm as far as necessary. The Law Firm's other employees are subject to the same duty of confidentiality as the attorneys.

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6.3

To the extent necessary for the fulfilment 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 opponents, courts and public agencies will only have access to the personal data to the extent this is necessary for the assignment. The Client has the right to access information about the processed information, as well as the right to demand the correction of defective information. Pursuant to the Personal Data Act, the data controller is the Law Firm's general manager and in case of questions about our processing of personal data, a responsible attorney can be contacted. Refer also to the processing of personal data in the Law Firm's privacy statement: https://www.advokats.no/personvern

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6.4

The Law Firm points out that electronic data communication generally suffers from weaknesses, which means that unauthorised persons under the given conditions may gain access. To the extent that confidentiality is required, security measures (including encryption and censor strips) may be taken to prevent unauthorised access such communication. As an aspect of the assessment of whether confidentiality is necessary, emphasis will be placed on the Client's transmission of unsecured electronic information to the Law Firm.

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6.5

At the conclusion of the assignment, any original documents in the case will be returned to the Client or shredded according to further agreement. The Law Firm is obliged to store certain documents and information at the end of the assignment. The Law Firm may also retain copies of other case documents at the end of the assignment, within the framework of the law. Copies may be provided for a fee.

7.1

If the Client is dissatisfied with the performance of the assignment or the fee calculation, the Client is requested to raise this matter immediately with the responsible attorney or the general manager. The Law Firm will immediately consider the complaint.

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7.2

The Norwegian Bar Association's Disciplinary Committee deals with complaints that the attorney must have acted in violation of the Code of Conduct for Lawyers. For more information about complaint about an attorney, please visit www.advokatenhjelperdeg.no.

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7.3

Disputes related to the assignment agreement are settled under Norwegian law and may only be brought before the Norwegian courts.

Our hourly rates usually change at the beginning of each calendar year to take into account the development in competence and experience of the lawyers performing the work, changes in general costs, and other factors. The client is notified of such changes in the last invoice sent with the old hourly rates, or alternatively by separate written notice.

The general terms and conditions of the assignment are normally revised once a year and otherwise when needed. Changes to the Client's disadvantage, which are not necessary due to binding regulations, can only become effective after one month's notice.