Terms of Business

Unless otherwise agreed in writing, the following terms of business apply to all advice provided to clients by BIRCH Law Firm.

BIRCH Law Firm complies with the Danish Bar and Law Society’s rules on professional conduct and legal ethics. Our advice is based on Danish law, and we are subject to the rules on the prevention of money laundering.

BIRCH Law Firm and the client shall agree on an ongoing basis the legal services to be provided, the scope of each engagement, and the contributions and services to be provided by the client and any third parties.

BIRCH Law Firm undertakes to provide qualified legal services to the client, delivered within the agreed timeframe and scope.

All attorneys at BIRCH Law Firm are admitted to practice by the Danish Ministry of Justice and are members of the Danish Bar and Law Society. They are therefore subject to the Bar’s supervisory and disciplinary system and to the rules of professional conduct pursuant to section 126 of the Danish Administration of Justice Act. In addition, the Danish Bar’s Code of Conduct applies. All work is carried out in accordance with the Code of Conduct, the provisions of the Administration of Justice Act governing attorneys, and other applicable laws and regulations. The rules governing the legal profession can be found on the website of the Danish Bar and Law Society at www.advokatsamfundet.dk.

Where BIRCH Law Firm collaborates with third parties in the provision of legal services, subject to agreement with the client, BIRCH Law Firm will, upon request, provide information on the measures taken to prevent any conflicts of interest.

The client is granted the necessary rights to use any written materials provided by BIRCH Law Firm in connection with the matter. However, BIRCH Law Firm retains all copyright and other intellectual property rights in such materials.

As a general rule, we carry out the engagement to its natural conclusion, or until the client requests that we terminate it. However, we reserve the right to bring our assistance to an end as soon as possible if payment of our invoice is significantly overdue despite reminders, or if the client becomes insolvent.

We also reserve the right to withdraw from a matter where, in exceptional circumstances, we no longer consider ourselves able to assume responsibility for the handling of the case, or where we consider it to be in the client’s interest that we cease acting. In such cases, the client will be informed without delay.

Original documents are normally returned no later than upon completion of the engagement, and we retain case files for a minimum of five years from the date of invoicing.

BIRCH Law Firm determines its fees based on time spent, the specialist knowledge and experience of the lawyers involved, the complexity and significance of the matter for the client, the value involved, the result achieved, and the responsibility associated with handling the matter.

Disbursements and case-related costs, including fees, reasonable travel and accommodation expenses, catering, and significant copying and mailing costs, are payable by the client in addition to our fees.

At the outset of a matter, and upon request – and in all cases when acting for consumers – BIRCH Law Firm will provide a reasoned estimate of the expected fees, costs, and disbursements, to the extent possible based on the nature of the matter. If it is not possible to estimate the fees, the basis for calculation will be provided, including the applicable hourly rates. BIRCH Law Firm will inform the client as soon as possible if it becomes apparent that the total fee is expected to deviate from the estimate.

As a general rule, BIRCH Law Firm invoices upon completion of the matter. However, advance payment for significant external costs is generally required. For long-term assignments, interim invoicing is issued every three or six months, unless otherwise agreed.

Payment terms are 8 days from the invoice date. In case of late payment, interest will be charged in accordance with the Danish Interest Act.

Depending on the nature of the matter, a deposit may be required at the commencement of the engagement. As a general rule, a deposit is required from first-time clients and clients without a permanent establishment in Denmark.

All client funds entrusted to BIRCH Law Firm are administered in accordance with the rules of the Danish Bar and Law Society and are deposited in a designated client account.

Client funds are governed by the Danish Deposit Guarantee and Investor Compensation Scheme Act. As of 1 June 2015, protection is generally limited to EUR 100,000 per client per financial institution. BIRCH Law Firm cannot be held liable for any loss of client funds resulting from the insolvency of the financial institution in which such funds are held.

Confidentiality and Insider Trading Rules
All employees of BIRCH Law Firm are subject to a duty of confidentiality and are required to treat all information received from or concerning a client in connection with an engagement as confidential, unless the circumstances indicate that the information is not of a confidential nature.

All employees of BIRCH Law Firm are subject to special rules in accordance with applicable legislation prohibiting the disclosure of inside information relating to listed companies and restricting trading in listed securities.

The duty of confidentiality applies subject to the rules imposing statutory reporting obligations on attorneys towards public authorities and similar bodies.

BIRCH Law Firm is liable for the advice provided in accordance with the general principles of Danish law.

BIRCH Law Firm maintains mandatory professional indemnity insurance covering all legal services provided by BIRCH Law Firm, irrespective of where such services are rendered.

However, liability for both BIRCH Law Firm and its partners and employees is limited to a maximum amount of DKK 5 million per engagement. Furthermore, the total amount of compensation to which a client is entitled may not exceed DKK 5 million in respect of all claims raised by the client within a single calendar year.

At the commencement of a new matter, the client is encouraged to consider whether additional insurance coverage is required or desired and to notify BIRCH Law Firm without delay. In such cases, supplementary insurance may be arranged for the specific matter. The cost of such additional coverage shall be borne by the client.

BIRCH Law Firm and its employees are not liable for indirect losses or consequential damages, including loss of operating profit, loss of data, loss of earnings, goodwill, reputation, or similar losses.

BIRCH Law Firm shall not be liable for any errors made by advisers to whom the client has been referred by BIRCH Law Firm, nor for any errors made by subcontractors to whom BIRCH Law Firm, with the client’s consent, has delegated part of the performance of the engagement.

BIRCH Law Firm is subject to the applicable Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism, as amended most recently by Act No. 155 of 28 February 2012. Accordingly, clients will as a general rule be asked to provide a copy of their passport or driving licence for inclusion in the case file.

We collect, store, and process client information as required under applicable legislation.

When processing personal data in connection with the provision of legal services, BIRCH Law Firm acts as an independent data controller. In certain situations, however, BIRCH Law Firm may act as a data processor and the client as data controller, in which case the parties will enter into a data processing agreement.

BIRCH Law Firm retains all case files in archive for a minimum of five years following the conclusion of the matter.

BIRCH Law Firm is subject to the rules of the Danish Bar and Law Society regarding complaints concerning conduct and fees.

If a client is not satisfied with the services provided by BIRCH Law Firm or the fees charged, the client is encouraged to contact the responsible partner, who will review the matter with a view to resolving it amicably.

If no agreement can be reached in relation to a complaint, the client may refer the matter to the Disciplinary Board of the Danish Bar and Law Society at the following address:

Disciplinary Board Secretariat
Kronprinsessegade 28
DK-1306 Copenhagen K
Denmark
Email: klagesagsafdelingen@advokatsamfundet.dk
Website: www.advokatsamfundet.dk/Advokatnaevnet.aspx

If the client is a consumer, a complaint may also be submitted via the European Commission’s online dispute resolution platform. This is particularly relevant where the client is a consumer residing in another EU Member State. Complaints may be submitted via the following link: http://ec.europa.eu/odr. Please state the email address info@birch-law.dk when submitting a complaint.

All claims for damages become time-barred no later than three years after the provision of the legal advice giving rise to the complaint. If the client is a business, claims for damages against BIRCH Law Firm become time-barred 12 months after the client became or should have become aware of the circumstances giving rise to the claim.

BIRCH Law Firm’s advice and these terms of business are governed by Danish law, and any disputes shall be subject exclusively to the jurisdiction of the Danish courts.