Terms and Conditions

Unless otherwise agreed in writing, the following terms and conditions apply to any advisory services provided to clients by Birch Law Firm.

Birch Law Firm complies with the rules of professional ethics and good legal practice of the Danish Bar and Law Society. Our advisory services are based on Danish law, and we are subject to the rules on the prevention of money laundering.

Birch Law Firm and the client continuously agree on the legal assistance and the scope of each assignment, as well as the client’s and others’ involvement and services.

Birch Law Firm undertakes towards the client to provide qualified legal assistance, delivered at the agreed time and to the agreed extent.

All employed lawyers at Birch Law Firm are licensed by the Danish Ministry of Justice and are members of the Danish Bar and Law Society and are therefore subject to the Bar and Law Society’s supervisory and disciplinary system and to the rules on good legal practice, cf. section 126 of the Danish Administration of Justice Act. In addition, the rules of professional conduct for lawyers apply.

All assignments are carried out in accordance with the Danish Bar Council’s rules of professional conduct, the provisions of the Danish Administration of Justice Act concerning lawyers, and other relevant legislation. The rules specifically applicable to the practice of the legal profession can be found on the website of the Danish Bar and Law Society, www.advokatsamfundet.dk.

If Birch Law Firm collaborates with others to provide assistance under an agreement with the client, BIRCH, at the client’s request, provides information about the measures Birch Law Firm has taken to avoid any potential conflicts of interest in this regard.

The client is granted the necessary rights to use the written material that Birch Law Firm provides to the client in connection with the case, but Birch Law Firm retains all copyrights and other intellectual property rights to the material.

As a general rule, we carry out the assignment to its natural conclusion, or until the client requests us to conclude it. However, we reserve the right to terminate our assistance as soon as possible if the payment term on our invoice has been significantly exceeded despite reminders, or if the client becomes insolvent. We also reserve the right to withdraw from a case if, in certain circumstances, we no longer consider ourselves able to take responsibility for the handling of the case, or if we believe it is in the client’s interest that we cease providing assistance. The client will, in such cases, be informed immediately.

Original documents are normally handed over no later than upon completion of the assignment, and we retain the case file for at least five years from the invoice date.

Birch Law Firm determines the fee based on the time spent, the involved lawyers’ expertise and experience, the complexity of the assignment and its significance for the client, the values involved, the result achieved, and the responsibility associated with completing the assignment.

Assignment-related costs and disbursements, including fees, reasonable travel and accommodation expenses, meals, and significant copying and shipping costs, are to be paid by the client in addition to the fee.

In connection with the commencement of an assignment, Birch Law Firm is happy, upon request—and always for consumers—to provide a reasoned estimate and information on the expected fee, costs, and disbursements, if this is possible based on the nature of the assignment. If the fee cannot be specified, the method of calculating the fee, e.g., the hourly rates applied, will be provided. Birch Law Firm will inform the client as early 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 at the conclusion of the case. However, prepayment is generally required for significant external costs. Long-term assignments are billed on account every three or six months, unless otherwise agreed.

The payment terms are generally 8 days from the invoice date. In case of late payment, interest is calculated in accordance with the provisions of the Danish Interest Act.

Depending on the nature of the case, a retainer may be required at the start of the case. As a general rule, a retainer is required for first-time clients and for clients without a permanent business address in Denmark.

All client funds entrusted to Birch Law Firm are managed in accordance with the Danish Bar and Law Society’s rules and deposited into a client account.

Client funds are regulated under the Act on the Deposit Guarantee and Investor Compensation Scheme. Protection has, with effect from 1 June 2015, generally been limited to €100,000 per client per financial institution. Birch Law Firm is not liable for any loss of client funds that may result from insolvency proceedings of the financial institution in which the funds are deposited.

Confidentiality and Insider Rules

All employees at Birch Law Firm are bound by confidentiality and are obliged to treat all information received from or concerning a client in connection with an assignment as confidential, unless the circumstances indicate that the information is not of a confidential nature.

All employees at Birch Law Firm are subject to special rules in accordance with applicable legislation prohibiting the disclosure of insider information about publicly listed companies and restrictions on trading in publicly listed securities.

The duty of confidentiality applies subject to the rules that impose an obligation on lawyers to provide information to public authorities and the like.

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

Birch Law Firm has taken out the mandatory professional liability insurance, which covers all legal practice conducted by Birch Law Firm, regardless of where the legal practice is carried out.

However, the liability of both Birch Law Firm and its partners and employees is limited to a maximum amount of DKK 5 million per assignment, provided that the total compensation amounts that a single client is entitled to receive do not exceed DKK 5 million with respect to all claims the client raises in a single calendar year.

At the start of a new case, the client is encouraged to consider whether there is a need or desire for additional insurance coverage and to notify us immediately. If so, supplementary coverage for the specific case will be arranged. The costs for this shall be borne by the client.

Birch Law Firm and its employees are not liable for indirect or consequential losses, including business interruption, loss of data, lost profits, goodwill, reputation, etc.

Birch Law Firm is not liable for any errors made by advisors to whom Birch Law Firm has referred the client, nor is Birch Law Firm liable for any errors made by subcontractors to whom Birch Law Firm, with the client’s agreement, has entrusted parts of the assignment.

Birch Law Firm is subject to the applicable law on preventive measures against money laundering and the financing of terrorism, most recently amended by Act No. 155 of 28 February 2012, and therefore clients will generally be asked to provide a copy of their passport or driver’s license for retention in the case file.

Vi indsamler, opbevarer og behandler oplysninger om klienter, som fordret i gældende lovgivning.

In the processing of personal data in connection with the provision of legal advice, 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 the data controller, and in such cases, the parties will enter into a data processing agreement.

Birch Law Firm retains all case files in the archive for at least five years from the conclusion of the case.

Birch Law Firm is subject to the Danish Bar and Law Society’s rules on conduct and fee complaints.

If the client is not satisfied with Birch Law Firm’s assistance or the fee charged, the client is encouraged to contact the partner responsible for the case, who will review the matter with the aim of resolving it amicably.

If an agreement cannot be reached regarding a complaint, the client may refer the matter to the Danish Complaints Board for Lawyers at the following address:

The Secretariat of the Complaints Board for Lawyers
Kronprinsessegade 28
1306 Copenhagen K
Email: klagesagsafdelingen@advokatsamfundet.dk
Website: www.advokatsamfundet.dk/Advokatnaevnet.aspx

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

All claims for compensation expire no later than three (3) years after the provision of the advice covered by the complaint. If the client is a business, claims for compensation against Birch Law Firm expire twelve (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 and conditions are governed by Danish law, and any disputes may only be brought before Danish courts.