Unless otherwise expressly agreed, these general terms and conditions apply for all legal assistance provided by GALST Advokataktieselskab, VAT no. 32 28 55 70 to its clients. The terms and conditions were most recently revised on 6 September 2017.

If you are a corporate client, the scope of the agreed case will be discussed on an ongoing basis, and unless otherwise agreed, the fee will be calculated according to our general principles for calculation of fees, see below. If you are a consumer, a written agreement specifying the scope of the case and the agreed fee will always be drawn up in advance.

We carry out all tasks in accordance with the provisions of the Danish Code of Professional Ethics and the provisions on lawyers set out in the Danish Administration of Justice Act.

Intellectual property rights to material prepared by GALST Advokataktieselskab belong to GALST Advokataktieselskab, unless otherwise expressly agreed.

Duty of confidentiality
All employees at GALST Advokataktieselskab are subject to a duty of confidentiality. All information received about a client in connection with a case will be treated confidentially unless it is evident from the circumstances that the information is not confidential.

Conflicts of interest
When we receive a case, we make sure, in accordance with the rules of the Danish Bar and Law Society and our internal procedures, that there is no basis for disqualification or conflict of interest. If disqualification or conflict of interest becomes evident during the case and we must relinquish the case as a result of this, we will be pleased to refer you to another lawyer.

Calculation of fees
Our legal fees are based on the provisions of the Danish Administration of Justice Act and the Danish Code of Professional Ethics. Our fee is calculated on the basis of the complexity of the case, the importance of the case to the client, the value of the case, the outcome of the case, the responsibility involved in the execution of the case and the time and specialist knowledge applied in connection with our assistance.

The client is invoiced separately for out-of-pocket expenses and other relevant costs in connection with the advisory services provided. These costs are therefore payable by the client in addition to the legal fee.

For corporate clients, we invoice the time consumption monthly in arrears, as a main rule. For private clients, the fee is stated in advance, as a main rule. If it is not possible to calculate the fee in advance the principles of calculation are stated. It is customary practice that both new and existing clients are asked to pay an on account fee.

We use fixed prices for services and products in respect of which it is possible to determine the scope of the work. If a fixed price cannot be offered, it is often possible to offer a phased fee arrangement or just give an estimate. Fixed prices must be agreed separately, otherwise the above principles for calculating fees will apply. 

Terms of payment
Our payment terms are net cash, and our fee therefore falls due for payment on issue of the invoice or subject to 14-day payment terms, which will be set out specifically in the invoice under terms of payment.

In the event of late payment, reminder fees and interest will be charged in accordance with the general rules of the Danish Interest Act. VAT is added to the fee according to current rules.

Client funds
All “client funds” are managed in accordance with the rules laid down by the Danish Bar and Law Society and will be placed in a “client account”. Any interest will accrue to the client in accordance with the rules laid down by the Danish Bar and Law Society.

Client funds are protected under the Act on Guarantee Scheme for Depositors and Investors. At 1 June 2015, protection is limited to an amount of EUR 100,000 per client per bank. GALST Advokataktieselskab is not liable for any loss of client funds due to financial stress suffered by the bank or due to restricted cover from the Depositors’ Guarantee Fund.

Inside information
We have rules prohibiting the disclosure of inside information on listed companies and restrictions for trading of listed securities for all employees in the firm. The rules also apply to family members and cohabiting partners.

Money laundering regulation
We are covered by the Danish Act on measures to prevent money laundering, and we therefore have a duty to report any irregularities to the authorities.

According to the Act, we have a duty to obtain and store identity information from new and existing clients who have not previously submitted identity information.

Termination of the case and resignation
The agreement or the cooperation may be terminated by either party at any time. Termination by GALST Advokataktieselskab may take place in the following situations, among others: material failure to make timely payment, resignation is deemed to be in the client’s interest, the client’s insolvency or other compelling reasons. We will make every effort to ensure that resignation will take place without undue difficulties and that the client will have the possibility to seek advice and representation from another law firm. Resignation does not mean that any claim for payment of fees will lapse.

We always aim to do our very best to meet the client’s needs. If the client is dissatisfied with anything in our case handling the client may contact the responsible partner in order to discuss the issue and find an amicable solution.

The client may also submit an actual complaint to the Disciplinary Board of the Danish Bar and Law Society. In that case, the complaint must be submitted to the Disciplinary Board of the Danish Bar and Law Society no later than one year after the client identified the issue of the complaint. However, we recommend that the client discusses the matter with us before submitting the complaint and that a complaint is submitted as soon as possible, preferably within three months.

Contact information for the Disciplinary Board of the Danish Bar and Law Society: Secretariat of the Disciplinary Board of the Danish Bar and Law Society, Kronprinsessegade 28, DK-1306 Copenhagen K.
Website: http://www.advokatsamfundet.dk/Advokatnaevnet.aspx
E-mail: klagesagsafdelingen@advokatsamfundet.dk

Liability, limitation of liability and time-barring

We are liable in accordance with the general rules of Danish law. In case of simple and gross negligence on our part, liability is limited to a maximum amount of DKK 75 million per year and directors’ and officers’ liability cover of a total of DKK 10 million per year for each attorney. The client needs to pay particular attention to this limitation of liability.

We have taken our liability insurance with HDI Danmark, a branch of HDI Global SE, Indiakaj 6, 1st floor, DK-2100 Copenhagen Ø (VAT no: 37 27 62 51). If and when the size of a case so require, we will agree with the client to take out additional insurance for the case in question. GALST Advokataktieselskab, our partners and employees are not liable for indirect loss or business interruption loss, including loss of data, loss of profit, goodwill, image or similar conditions.

Claims can only be raised against GALST Advokataktieselskab and not against the individual employee or partner.

For corporate clients, claims for compensation against GALST Advokataktieselskab become time-barred 12 months after the client became aware or should have become aware of the circumstances resulting in the claim. However, claims become time-barred no later than 3 years after the provision of the advisory service on which the claim is based.

Governing law and jurisdiction
Our advisory services and our terms and conditions are subject to Danish law, except where conflict of laws invoke the application of foreign law. Any disputes between GALST Advokataktieselskab and the client may only be brought before the Danish courts.