Terms and conditions

Customer control

According to the Money Laundering Act, as a general rule, identification checks must be carried out on new clients. For new client relationships, you will therefore be asked to provide identification with a photo. In addition, you will be asked to explain any association with politically exposed persons.

Conflicts of interest

Before an assignment is established, it will be sought to clarify whether there is a conflict of interest or other circumstances that indicate that lawyers in the firm cannot or should not undertake the assignment. Future clients are obliged to contribute to such clarification by providing complete information about other parties in the case. If it is later revealed that the lawyer must nevertheless withdraw from the assignment, the client must expect to cover already incurred costs in the case, unless such withdrawal is due to circumstances which the lawyer should have already clarified when the assignment was established.

Representasjon/fullmakt

Oppdraget forutsetter at vi opptrer på klientens vegne overfor andre parter i saken, offentlige myndigheter, forsikringsselskap og eventuelle andre instanser. Alle henvendelser til og fra motparten skal avklares med eller gå gjennom advokaten, og advokat og klient skal holde hverandre gjensidig orientert om den kommunikasjon som finner sted med involverte parter.

Urgent mission

If the assignment is given as an urgent assignment, i.e. with a short deadline, it cannot be assumed that it will be possible to carry out a full and detailed review of all sides of the case. It is a general condition for us to undertake urgent assignments that the client has accepted that our review and assessment of the case is based on a summary treatment of the factual and legal questions that arise. In such cases, we make a general reservation that a more comprehensive review of the case will be able to uncover new issues of importance for the outcome of the case.

Participation in case information

Sound legal advice from us requires that you as a client present all relevant documentation and provide us with all relevant information in the matter. In the event of disputes before the courts, the parties have a duty to present all documentation of importance to the case, and it is important for the outcome of the case that we get access to case-relevant documentation as early as possible in the process.

Confidentiality

Employees of the law firm are subject to confidentiality and confidentiality obligations. However, employees of the law firm always have access to share the information with the responsible lawyer. Information can also be shared with other employees in the company, to the extent that this is necessary for the sake of the company's distribution of work and clarification of the matter. In certain statutory cases, exceptions to the duty of confidentiality and confidentiality apply. Unless the client has communicated information under an express reservation of confidentiality, the lawyer will be free to use the information in the case, as part of a proper execution of the assignment. Such reservations may in some cases make it necessary for the lawyer to withdraw from the assignment. Time elapsed in the case is settled in such cases in the usual way until resignation.

Behandling av personopplysninger

Personopplysninger som mottas i forbindelse med oppdraget behandles kun i forbindelse med oppfyllelse av denne avtale og i tråd med personopplysningslovens bestemmelser. Advokatfirmaet er behandlingsansvarlig etter personopplysningslovens regler. Kundeidentifikasjonsopplysninger oppbevares likevel i ti år, av hensyn til oppbevaringsplikten for saksdokumenter.

Original documents

We will, as far as possible, try to avoid keeping original documents at our office. Unless otherwise expressly stated, we assume that submitted documents are copies. At the end of the assignment, the client is responsible for collecting any original documents that are still kept at our office. Otherwise, it must be assumed that the documents will be shredded after ten years, when the general retention obligation for the case documents has expired.

Documentation sent per e-mail

We assume that the client, by providing their email address, accepts that this will also be used for sending confidential information in the case, in the same way as regular mail. Alternatively, the client can request that such e-mail is sent encrypted (opened when a code is sent via SMS). It must be assumed that this is somewhat more time-consuming, and therefore may have an impact on the time elapsed in the case.

Reporting to Økokrim (National Authority for Investigation and Prosecution of Economic and Environmental Crime)

We draw your attention to the fact that, according to the Money Laundering Act, we are required to notify Økokrim if there is any suspicion that transactions are connected to the proceeds of criminal offences. Such notification must be made without notifying the client or associated third parties. This is a statutory exception to the strict duty of confidentiality that otherwise applies to lawyers.

Privacy statement

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Ansvarsforsikring

All lawyers in the firm are insured for any liability they may incur through their practice of law. The lawyers who assist with real estate brokerage assignments also have their own brokerage insurance. The law firm's guarantor is Gjensidige Forsikring ASA, PO Box 700 Sentrum, 0106 Oslo, org. No. 995 568 217.

Limitations of Liability

Limited participant liability

The responsible lawyer in the case is jointly and severally liable with the law firm for liability for damages that the company incurs in connection with the assignment, cf. Courts Act § 232 second paragraph. Who is the responsible lawyer in the case is normally stated in the assignment confirmation. If the client has not been notified which lawyer has been appointed, and it is also not clear from the relationship which lawyer is responsible, the lawyer who has actually carried out the assignment is jointly and severally liable with the company, cf. Section 232 third paragraph of the Courts Act.

If a legal assistant incurs liability for damages to the company during the practice of law, and the client is not notified which lawyer has been appointed, nor is it clear from the relationship which lawyer is responsible, the lawyers for whom the legal assistant is authorized are jointly and severally liable with the company, cf. Courts Act § 232 fourth paragraph. The law firm has been set up as a responsible company, and the company participants have agreed that they shall not have joint liability for damages that the company incurs during the legal activities, apart from what follows from the aforementioned rules. Reference is made to section 232 of the Courts Act.

The outcome of the case

The lawyer cannot be held liable for losses as a result of the case's outcome not matching the assessment the lawyer has given in advance of the case's possible outcome.

Statute of limitations

The lawyer cannot be held responsible for statute of limitations that occurs earlier than three months after the lawyer has undertaken assignments in the case. For statute of limitations that occurs after this time, liability will be conditional on the negligent failure to make the client aware of the consequence of not taking steps to break the deadline.

Work carried out by consultants/subcontractors

The lawyer cannot be held responsible for errors committed by advisers to whom the lawyer has referred or for subcontractors to whom the lawyer, in agreement with the client, has left parts of the execution of the assignment to.

Indirect losses

The law firm cannot be held liable for indirect losses, including lost profits, unless such liability follows from mandatory consumer protection legislation.

The depositor guarantee as an upper limit

The lawyer cannot be held responsible for the loss of managed client funds as a result of bankruptcy or other conditions on the bank's side, insofar as amounts that exceed the banks' security fund's depositor guarantee, currently NOK 2 million, apply. The responsible lawyer can, by separate agreement with the client, take measures that can increase the degree of guarantee coverage for funds held in the client account.

Liability insurance as an upper limit

The lawyer's liability is under any circumstances limited to the amount that our compulsory liability insurance covers at all times.

All the lawyers and paralegals in the law firm are members of the Norwegian Bar Association.

If you are dissatisfied with the execution of the assignment or the fee calculation, we ask you to take this up with the lawyer responsible for the case. The law firm will immediately assess the complained of circumstances.

There is an opportunity to bring the complaint forward to the Norwegian Bar Association's disciplinary committee. The committee takes a decision on complaints that the lawyer must have acted in breach of the rules of good legal practice or demanded too high a fee. As a general rule, there is an appeal period of 6 months. This runs from the time the complainant became or should have become aware of the circumstances on which the complaint is based.

The complaint is processed by the Bar Association's regional disciplinary committee for Oppland, Buskerud, Vestfold and Telemark circles as first instance. Decisions from the disciplinary committee can be appealed to the Disciplinary Board.

Rules for good legal practice and further information about the appeals scheme can be found on the Association of Lawyers' website: advokatforeningen.no