Business Terms and Conditions
Business Terms and Conditions
These terms and conditions apply to the legal assistance and other services that we at Moltke-Leth undertake on behalf of the client, unless otherwise agreed.
At Moltke-Leth we offer broad professional legal counselling with an understanding of the client’s concrete and future needs for assistance. In a counselling process, we place decisive emphasis on the relationship with the client, and consequently endeavour to enter into and maintain informal and open communication with the client throughout the entire course of the case.
Receipt of the case
Upon receiving a case from the client we make certain that no conflicts of interest or disqualifying factors are present before finally accepting the case. Moltke-Leth has, in accordance with the regulations of the Danish Bar and Law Society, formulated a set of internal rules which establish the procedures that must be followed when assessing whether a conflict of interest exists. However, counselling a client does not prevent Moltke-Leth, taking into account applicable conflict of interest regulations, from counselling other enterprises in the same industry as that of the client.
All lawyers at Moltke-Leth are subject to the Danish Bar and Law Society’s oversight and disciplinary system, and to the rules of professional conduct for lawyers, cf. § 126 of the Danish Administration of Justice Act. The Code of Ethics applies as well. The rules that apply in particular to the practice of the legal profession can be found on the Danish Bar and Law Society website at www.advokatsamfundet.dk.
Moltke-Leth is subject to the provisions of the Danish Anti-Money Laundering Act, and must consequently obtain and preserve identification information for the client.
At Moltke-Leth the client is assured of complete confidentiality and loyalty. All our lawyers and employees are subject to a confidentiality obligation, and are thus obligated to keep confidential any and all information received from or concerning the client. All lawyers and employees at Moltke-Leth are subject to special rules in accordance with applicable law regarding the prohibition against the disclosure of insider knowledge about publicly traded companies and restrictions on trading in publicly traded securities.
At Moltke-Leth the client is given the requisite rights to the concrete materials that Moltke-Leth prepares in connection with a case. However, as a starting point, the copyright and other intellectual property rights to the materials and work product developed, designed, produced or in any other way developed by Moltke-Leth shall belong to Moltke-Leth, unless otherwise agreed.
The calculation of our legal fees occurs based on time expenditure and the specialised knowledge that is applied in connection with our assistance, the value that our counsel adds in the case, the experience of the employees involved and, taking into account an overall assessment of the nature and outcome of the case, the interest that the case represents for the client, the nature of the work otherwise and the responsibilities and liabilities that are associated with the completion of the case and the results of the case.
The legal fees may be difficult to establish upon receiving a case. However, we are happy to provide, upon request and always vis-à-vis the consumer, a documented estimate and information as to the anticipated costs and expenditures.
We will similarly notify the client as soon as possible if it is found that the total fees are expected to exceed the estimate provided.
VAT is additional to the legal fees, unless special exceptions exist under applicable law.
We generally issue an invoice in connection with the conclusion of the case. However, in connection with protracted cases or permanent client relationships, we usually bill monthly or quarterly via payment on account, or based on the time expenditure.
However, payment on account is viewed as advance payment, and not as a lasting expression of either the time expenditure or the final settlement of the case. Our payment terms are 8-14 days from the date of invoice, and are stated on the invoice. In the event of late payment, interest will be calculated in accordance with the provisions of the Danish Interest Act.
The client will be billed separately for expenditures and other relevant costs in connection with the assistance provided.
As a starting point, the client is asked for advance payment of expenditures and costs and, in exceptional cases, for advance payment of the legal fees. The sum paid in advance will be deposited to our client account and may, including any interest earned, be used to wholly or partial settlement of future invoices and covering of costs, unless otherwise agreed.
All funds that our clients entrust to Moltke-Leth are administered in accordance with the Danish Bar and Law Society’s rules for client accounts. Client funds are deposited to a client account with our banking connection and earn interest. Earned interest accrues to the client.
Moltke-Leth is liable for the legal counsel provided in accordance with the general provisions of Danish law, just as the lawyers at Moltke-Leth are, as members of the Danish Bar and Law Society, subject to its rules.
Moltke-Leth is insured by the Danish insurance company Codan. All lawyers at Moltke-Leth are covered by the firm’s liability insurance and guarantee scheme. The liability insurance covers all Law Practice activities carried out by Moltke-Leth, regardless of where such activity takes place. The liability coverage is limited ca. DKK 50 million per insurance year.
Our liability does not extend to indirect losses or consequential damages, including lost profits, data loss or loss of earnings, goodwill, image etc.
Relationship to other legal counsellors
In the event that advice is obtained from other counsellors to which Moltke-Leth has transferred a portion of the resolution of the case as agreed with the client, Moltke-Leth shall not be liable for the counsel provided by such advisors, regardless of the fact that the invoice is addressed to Moltke-Leth. Furthermore, MoltkeLeth shall not be liable for any errors made by counsellors to whom Moltke-Leth has made referrals.
At Moltke-Leth we place major emphasis on doing our work in accordance with good ethical practice and the Code of Ethics. It is thus very important for us to maintain good communication and open dialogue with the client throughout the entire course of the case, so as to avoid any misunderstandings.
In the event that a disagreement should nevertheless arise in connection with our assistance or fees, we urge the client to contact the partner responsible for the client relationship in order to discuss the matter and seek to resolve the disagreement through dialogue.
Moltke-Leth is also subject to the general rules of the Danish Bar and Law Society regarding complaints, including freedom to submit complaints to the Society’s Disciplinary Board.
Choice of law and venue
Disputes between the client and Moltke-Leth can be handled only under Danish law, and the Danish courts have sole competence to handle cases concerning Moltke-Leth´s legal counsel, including any claims against Moltke-Leth.
Moltke-Leth preserves documents and case files for five years from the conclusion of the case, after which time they are destroyed.