General terms and conditions

These general terms and conditions of engagement (the “Terms and Conditions”) apply, together with an individual confirmation of engagement, to all engagements between Sandanger Advokatfirma DA (the “Law Firm”) and the natural or legal person whose interests are represented by the Law Firm (the “Client”).

The Terms and Conditions are deemed to have been accepted by the Client when they are received by the Client, unless the Client notifies the Law Firm in writing within a reasonable time that the terms are not accepted. If the Client does not wish to accept all or any part of the Terms and Conditions, the Client must notify the Law Firm immediately. The assignment may then be cancelled and accrued fees invoiced.

If the assignment is agreed to be extended or amended at a later date, the extended/amended assignment will be carried out without further confirmation.

The law firm’s assistance only covers legal issues governed by Norwegian law. Any statements on foreign law are provided for information purposes only and do not constitute advice on foreign law. Tax and duty issues are only covered if this is specifically agreed in the engagement letter.

The Law Firm will endeavour to safeguard the Client’s interests in the best possible way. The assignment will be carried out in accordance with the Norwegian Lawyers Act, the Lawyers Regulations and the Code of Conduct, and invoiced in accordance with the Norwegian Bar Association’s fee guidelines.

Before the work is initiated, the Law Firm will clarify whether there is a conflict of interest or other circumstances that prevent the Law Firm from taking on the assignment. The same applies if new counterparties enter the case at a later date.

When the assignment is established, a customer check will be carried out in accordance with the Money Laundering Act and the Lawyer Regulations. The client is obliged to co-operate in the implementation of customer due diligence. If it is suspected that transactions are related to the proceeds of a criminal offence, etc. the Law Firm is required to notify Økokrim of this, without informing the client or third parties. The Law Firm is entitled to claim fees and reimbursement of expenses for carrying out customer due diligence.

For all assignments, the Law Firm will appoint a lawyer responsible for the case. All work is carried out under the responsibility of the lawyer in charge of the case. The lawyer in charge of the case will ensure that the work is carried out in accordance with the assignment, including assessing who will carry out parts or all of the assignment.

Unless otherwise specifically agreed, the Law Firm uses e-mail as a form of communication in relation to the Client, also with regard to matters covered by the duty of confidentiality.

Unless otherwise agreed, case documents are stored electronically and/or in paper format for at least 10 years after the conclusion of the case. The documents will then normally be shredded. Original documents are handed over to the Client. The Client is responsible for archiving originals and their own case documents.

Fees will be determined on the basis of time spent and the recommended hourly rates at any given time. In addition, in exceptional cases, a discretionary decision may be exercised when determining the final fee, taking into account the nature and complexity of the work, the outcome of the case, how efficiently the assignment has been carried out, the values involved in the case, any special deadlines that apply to the assignment and the experience and expertise of the lawyer(s) involved. Fees will be calculated from the first meeting or other contact with the Client about the case in question until the case is concluded.

The Law Firm may require the Client to make an advance payment or be granted legal aid cover before work commences.

The Law Firm’s current hourly rates are stated in the individual section of the assignment confirmation. The Law Firm reserves the right to change the hourly rates at the end of each year, including for commenced assignments. Updated and current hourly rates are always available at www.sandco.no. Legal services are subject to VAT at a rate of 25 per cent on both fees and certain possible disbursements/costs in connection with the case. Unless otherwise stated, the law firm’s prices are exclusive of VAT. The minimum hourly unit is 0.25 hours, equivalent to 15 minutes.

In addition to the fees incurred, the Client shall cover all of the firm’s expenses in handling the assignment, including, but not limited to, court fees and other fees, costs of obtaining documentation and transport and travel expenses. The client can have all costs documented if desired. Unless otherwise agreed in writing, any estimates only include expected fees excluding VAT and shall not be considered binding on the Law Firm.

If the Law Firm sees a need for external experts, including foreign lawyers, the Law Firm shall ask for the Client’s approval before hiring such experts. When such are hired, this shall be at the Client’s expense. This applies irrespective of whether the third party’s fees and expenses are invoiced directly or via the Law Firm. The Law Firm is not liable for services or advice provided by consultants, experts, foreign lawyers or other third parties, even if they have been selected and/or instructed by the Law Firm on behalf of the Client.

The Law Firm will normally invoice earned fees and any disbursements on a monthly basis, but reserves the right to accelerate invoicing, including if the Client has built up a lot of credit under the circumstances.

The Law Firm may invoice on account or require advance payment. If fees and/or disbursements are incurred for more than the amount deposited as security in the course of a month, a larger advance payment may be required, or invoices may be issued more frequently than monthly.

The payment deadline is 14 days from the invoice date.
When several Clients are involved in the same assignment, each Client is jointly and severally liable for all fees and expenses related to the assignment. This applies even if, for practical reasons, fees and expenses are invoiced or have been invoiced to one or more of the Clients.

Client funds are handled in accordance with the Norwegian Law Society Act and the Norwegian Law Society Regulations. The Law Firm reserves the right to set off claims against the Client against funds held by the Client in a client account. Interest on the client account will only accrue to the Law Firm if this has been specifically agreed, and is limited to ½ the court fee.

The Law Firm is not liable for loss of managed client funds as a result of bankruptcy or other circumstances on the part of the bank. The Norwegian Banks’ Guarantee Fund only guarantees up to NOK 2,000,000 in deposits per depositor (law firm) per bank.

All of the Law Firm’s invoices are due 14 days from the date of the invoice. In the event of late payment, interest will be charged at the rate applicable from time to time in accordance with the Interest on Late Payments Act from the due date until full settlement has taken place.

In the event of non-payment when due, the Law Firm may, without notice, suspend ongoing work for the Client both in the case(s) for which fees are not paid when due and in other cases.

Any costs in connection with reminders/payment reminders and other collection costs will be charged to the Client.

An invoice from the Law Firm that is overdue and unpaid constitutes a special basis for enforcement, cf. section 7-2(f) of the Enforcement Act, which means that the invoice as such is a sufficient basis for requesting an attachment from the Client.

The Law Firm assumes that the Client does not have legal expenses insurance coverage. The Client must therefore provide information about any insurance coverage, or request assistance in investigating whether a case may be covered by an insurance or legal aid scheme. The client is nevertheless responsible for payment of fees and disbursements to the Law Firm.

A prerequisite for the proper performance of the assignment is that the Client provides the Law Firm with all information and documentation that is or may be relevant to the assignment as early as possible. The Client must update the Law Firm without delay in the event of a change of address, e-mail address or telephone number. The Client’s fulfilment of this obligation is necessary in order for the case to have the best possible outcome, and is a prerequisite for the Law Firm to be able to work in a time- and cost-efficient manner.

The Law Firm is not always in a position to make an adequate assessment of whether the costs of the assignment will be disproportionately high in relation to the Client’s financial position and/or the interests involved in the case. The Client is therefore encouraged to make its own assessment of this, both at the start of the assignment and along the way.

All enquiries to and from the opposing party must originate from the Law Firm, and the Client must pass on enquiries from the opposing party and its lawyer to the Law Firm immediately. The Client will receive a copy of all relevant communication to and from the Law Firm.

The Law Firm’s fees and disbursements shall be paid irrespective of the outcome of the case or assignment.

Even if the Law Firm has expressed an opinion on what the outcome of the case is likely to be, this does not imply that the Law Firm is legally responsible for achieving this result. If legal proceedings are unsuccessful, the Client may, in addition to paying its own legal costs, be ordered to cover the opposing party’s legal costs and court fees. This is the Client’s responsibility.

If legal proceedings end with the Client being awarded legal costs, but the amount is set lower than the Law Firm’s fees or it follows from law that awarded legal costs must be limited, the Client will still have to pay the excess to the Law Firm. Claims for legal costs submitted on behalf of the Client in legal proceedings may be lower than the Law Firm’s fees – such a reduction does not change the Client’s obligation to pay the Law Firm’s full claim for fees.

The statement of costs submitted to the court does not set an upper limit for the Law Firm’s fees.

All employees of the Law Firm have and must observe a duty of confidentiality with regard to information received in connection with the assignment. In order to fulfil the Client’s interests, the Law Firm reserves the right to disclose confidential information to advisers, partners or others engaged in connection with the assignment.

The Law Firm will use electronic communication (e-mail) to communicate with the Client, counterparties and other parties involved. The Law Firm utilises professional suppliers of solutions for antivirus and firewall services. The Law Firm shall not be liable for losses resulting from errors, defects, hacking, viruses, downtime or similar that may arise in connection with electronic communication. The Law Firm does not use encryption when using electronic communication unless this is specifically agreed.

The Law Firm may use the Client’s name as a reference when marketing the Law Firm’s expertise, unless the Client has objected to this in writing.

The Law Firm has a shared database containing all documents prepared or processed by the firm’s employees. The database contains personal data. To the extent necessary for the fulfilment of the assignment, the Law Firm will process personal data, including special categories of personal data if necessary, in accordance with the Personal Data Act and other regulations. Other parties, such as counterparties, courts and public bodies, will only have access to personal data to the extent necessary for the fulfilment of the assignment. The client has the right to access and receive information about the processed data, as well as the right to demand rectification of deficient data, in accordance with applicable regulations. The data controller pursuant to the Personal Data Act is stated in the Law Firm’s privacy policy, which is available on the Law Firm’s website www.sandco.no.

The Law Firm retains the copyright to all documents etc. prepared by the firm in connection with the assignment.

The Client may utilise copies of documents etc. received in accordance with the purpose of the assignment.

The Law Firm is liable in accordance with the general rules on the professional liability of lawyers, and the liability is limited in nature and scope to the amount covered by the Law Firm’s liability insurance at any given time. Upon request, the Client will be given access to the applicable policy.

The Law Firm, its partners and employees are not liable for indirect losses, including lost profits, or consequential losses.

The Law Firm is not liable for the use of draft documents that have not been finalised, or for material or advice for other purposes or in other matters than those stated in the engagement letter.

Any claims on the part of the Client will lapse unless the Client complains in writing to the responsible lawyer without undue delay after the Client discovered or should have discovered the basis for the claim. Complaints about invoices must be submitted in writing no later than one month after the invoice date in order to be valid.

If the Client is dissatisfied with the performance of the assignment or the calculation of fees, the Client is encouraged to raise this immediately with the responsible lawyer or general manager. The Law Firm will immediately assess the matters complained of.

If the Client believes that a lawyer has acted in breach of the legal ethics rules or charged too high a fee, the Client can submit a complaint via the Lawyer Complaints Scheme, see advokatklageordningen.no. The complaints scheme is free of charge. A complaint to the Lawyer Complaints Scheme must generally be submitted no later than six months after the Client became aware or should have become aware of the circumstances to which the complaint relates.

Disputes relating to assignments carried out by the Law Firm are settled in accordance with Norwegian law with Bergen/Hordaland as the venue, unless otherwise provided by mandatory legislation.

The Terms and Conditions are revised when necessary. Changes unfavourable to the Client, which are not necessary due to binding regulations, can only be implemented after one month’s notice. Changes in the hourly rate will take effect from and including the implementation of the change.