Terms of Business

These Terms of Business apply to any assignment undertaken by Loeven Law Firm, Company Registration Number 37349674, Frederiksgade 19, 1265 Copenhagen K (‘Loeven’) for clients, unless otherwise agreed in writing.

RECEIPT OF THE CASE
Before accepting an assignment for a client, we ensure through our internal procedures that there is no disqualification or conflict of interest that would prevent us from representing the client in the specific assignment.

If disqualification or a conflict of interest arises during the performance of the assignment, which requires us to discontinue our assistance, we will recommend another attorney on request.

IDENTITY INFORMATION AND ANTI-MONEY LAUNDERING MEASURES
As a law firm, Loeven is subject to the provisions of the Danish Anti-Money Laundering Act. Under this law, we are obliged to obtain identity information and documentation from both new and existing clients who have not previously provided identity information. Before commencing the assignment, the client must provide their name, address, and social security number (CPR number) or company registration number (CVR number), as well as present necessary documentation. For companies and foundations, we are additionally obliged to obtain and retain information and documentation regarding the company’s or foundation’s beneficial ownership. The accuracy of the collected information must be confirmed once annually.

Foreign clients must provide other information that identifies the client in the same manner as a social security number for individuals or a company registration number for companies. The identity information is retained in accordance with the law for a minimum of 5 years after the termination of the client relationship.

Please refer to our Privacy Policy for information on how we store personal data.

EXECUTION OF THE LEGAL ASSIGNMENT
Loeven’s legal assignment includes providing legal advice that naturally arises from the nature of the assignment. The scope and nature of each assignment are agreed upon with the client, either at the start of the assignment in a formal engagement description or during the course of the case.

As members of the Danish Bar and Law Society, we are subject to the rules of the Bar and Law Society, and all assignments are carried out in accordance with the applicable rules of professional conduct, and the provisions of the Administration of Justice Act regarding attorneys. The legal advice solely encompasses the content of Danish law and, where relevant, community law. Loeven Law Firm’s attorneys are appointed by the Ministry of Justice/Department of Civil Affairs.

FEES AND INVOICING
Our fees are calculated based on the extent of the work performed and the value added to the client. The determination of the fee considers the time spent on our assistance, the experience of the involved staff and their established hourly rates, the value and importance of the case to the client, the complexity of the assignment, the achieved results, and the responsibility associated with handling the case.

Upon request, we are pleased to provide an estimate of the expected fee before commencing an assignment, as well as information about the expected costs and disbursements in connection with the assignment. We also ensure to inform the client on an ongoing basis and as early as possible if it appears that the total fee is expected to exceed the estimate. In relation to consumers, we will always provide information about the expected fee before commencing an assignment.

Loeven can also offer to work on a fixed fee basis and under predetermined conditions that are agreed upon in writing with the client.

We invoice on a monthly basis for the work performed. For smaller individual tasks and/or if another written agreement has been made with the client regarding a different billing frequency, we may choose to invoice upon the completion of the case, depending on the circumstances.

In addition to the fee for the provided assistance, the client will be invoiced for any disbursements and relevant costs incurred in connection with the case. As a general rule, disbursements and costs will be invoiced separately prior to their disbursement unless otherwise agreed with the client.

The payment terms are net cash within 8 days from the invoice date. Late payment will result in interest being charged on the invoiced amount in accordance with the provisions of the Danish Interest Act. Failure to make payment may lead us to withdraw from the case and other cases we handle for the client for this reason.

VALUE ADDED TAX (VAT)
Loeven’s VAT number is DK37349674. Our fees are subject to VAT in accordance with applicable legislation. If the client is required to withhold withholding tax on our fees in their home country, the fees will automatically be increased by an amount that ensures Loeven will receive an amount equivalent to the originally invoiced amount before withholding tax, considering the applicable withholding tax.

CLIENT FUNDS
All funds entrusted to Loeven by our clients are managed in accordance with the rules for client accounts established by the Danish Bar and Law Society (the client account regulations). Client funds are deposited and accrue interest in client accounts held with our bank.

Loeven is not responsible for client funds deposited in client accounts with our bank in the event that the bank becomes distressed. Client funds deposited in client accounts are subject to the general rules of deposit guarantee, and as such, are typically covered by a maximum coverage limit of EUR 100,000 for all accounts the client holds with the relevant bank. Unless otherwise agreed with the client, Loeven will use our usual bank. Information regarding our usual bank can be obtained by contacting the responsible partner.

CONFIDENTIALITY
All employees at Loeven are bound by confidentiality regarding our clients’ cases and other matters. Any information received from our clients in connection with our assistance is subject to our obligation of confidentiality as lawyers, and therefore, we treat this information with utmost confidentiality. Confidentiality is maintained in accordance with the rules prescribed by public law, including those concerning anti-money laundering.

LIABILITY
Loeven is responsible for the advice provided to our clients in accordance with the general rules of Danish law but limited to the agreed scope of our advice. Our liability does not cover operating losses, loss of data, lost profits, goodwill, or any other form of indirect loss. Our liability in each individual case is limited to an amount equivalent to the fee for the specific task, but in any event a maximum DKK 10,000,000. The client accepts that claims can only be made against Loeven and not against individual partners, employees, or Loeven’s general partner.

Loeven has obtained professional liability insurance with HDI GLOBAL SPECIALTY SE, DENMARK and provided a guarantee in accordance with the rules of the Danish Bar and Law Society.

OTHER ADVISORS
If it is relevant to seek advice from other advisors, such as for matters related to foreign law, the need for such advice will be agreed with the client before such advisor is contracted. The client is the contracting party for such advisors, even if the invoice is addressed to Loeven. We do not assume liability for any advice provided by such advisors.

TERMINATION OF CLIENT RELATIONSHIP OR CASE
Our client relationship terminates at the time when the final invoice for our services is issued or at the client’s request. If, in a specific case, we no longer believe that we can represent the client’s interests, we reserve the right to withdraw from the case.Original documents are typically returned no later than upon completion of the task.We retain identity information and case files free of charge for 5 years from the completion of the task.

INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights to material prepared by Loeven belong to Loeven, unless expressly agreed otherwise. Once a task in which Loeven has provided advisory services is completed and publicly known, Loeven is entitled to use it as a reference for marketing purposes.

COMPLAINTS PROCEDURE
If our advice or fees do not meet the client’s expectations, we encourage the client to contact the partner responsible for the client relationship. We will then discuss the matter and seek an amicable solution.

We are subject to the Danish Bar and Law Society’s general rules regarding complaints. Any complaints about our advice and fees can be submitted to the Disciplinary Board for Lawyers (in Danish: ‘Advokatnævnet’).

Disciplinary Board for Lawyers, Kronprinsessegade 28, 1306 Copenhagen K, or via email: klagesagsafdelingen@advokatsamfundet.dk. To learn more about the professional ethical rules, visit the Danish Bar and Law Society’s website: www.advokatsamfundet.dk. The Disciplinary Board for Lawyers handles complaints against lawyers, and if you need more information, you can read more at: www.advokatsamfundet.dk/advokatnaevnet.

GOVERNING LAW AND JURISDICTION
Any disputes between a client and Loeven must be resolved under Danish law and must be brought before the Danish courts, which have exclusive jurisdiction to hear claims against Loeven.

The Terms of Business were last updated on 24 April 2024