Havemann Advokatanpartsselskab (“the Law Firm”) is managed by Michael Christiani Havemann, a solicitor appointed by the Ministry of Justice and a member of the Danish Bar and Law Society.
1. Insurance
The Law Firm has taken out professional indemnity insurance and provided a guarantee in accordance with the rules of the Danish Bar and Law Society with Codan Forsikring, Midtermolen 7, 2100 Copenhagen Ø, which covers all legal practice, regardless of where such practice is carried out.
2. Anti-money laundering rules
2.1. The law firm is subject to the obligations arising from the Act on Preventive Measures against Money Laundering and the Financing of Terrorism (the “Money Laundering Act”). The Act requires that information be obtained regarding the identity of all clients.
If a client’s case falls within the scope of the provisions of the Money Laundering Act, the Law Firm is obliged to inform the client of this and to obtain and retain identity details of the client; furthermore, the Law Firm is obliged, should it suspect that money laundering or the financing of terrorism is taking place, to notify the Public Prosecutor for Serious Crime of this and to pass on the client’s identity details to the Public Prosecutor for Serious Crime. The law firm is not authorised to inform the client that such notification has taken place
2.2 In view of this, the following information must be provided:
For individuals, details of name, address and national identity number must be provided. As proof of the client’s identity, a copy of their passport or driving license must be provided.
For companies and other legal entities, the following information must be provided: company registration number, legal form, names of the management, signing authority, names of the owners, and the name, address and CPR number of the natural persons who ultimately control the legal entity.
2.3 The Act stipulates that the Law Firm may not commence handling a case until it has received the identity details required by law.
2.4 In accordance with the Act, the identity details are retained for a minimum of 5 years after the client relationship has ended.
3. Terms and Conditions
3.1 General
3.1.1 The Law Firm’s terms and conditions set out below shall, unless otherwise agreed in writing, apply to any work which the client requests the Law Firm to carry out.
3.2 Opening of cases
3.2.1 The Law Firm shall acknowledge receipt of a case as soon as possible and, if deemed necessary or if the client so requests, shall outline the main details of the assignment to the client.
3.2.2 In accordance with the rules of the Danish Bar and Law Society and the Law Firm’s internal procedures for identifying any conflicts of interest, the Law Firm shall, when opening a case, ensure that there is no conflict of interest or grounds for disqualification.
3.3 Performance of assignments
3.3.1 The Law Firm carries out all work in accordance with the provisions of the Administration of Justice Act relating to the practice of law, as well as other relevant legislation.
3.3.2 The scope of the legal assistance requested by the client in relation to a specific case is agreed on an ongoing basis, and the Law Firm undertakes to provide expert legal advice and to deliver the agreed legal services by the agreed deadline.
3.3.3 Furthermore, all matters are handled in accordance with the rules of professional conduct laid down by the Danish Bar and Law Society. The rules of professional conduct and the Danish Bar and Law Society are described on the Danish Bar and Law Society’s website www.advokatsamfundet.dk.
3.4 Calculation of fees
3.4.1 The law firm endeavours to carry out every assignment for a fee that is reasonably proportionate to the effort expended in completing the assignment. In this regard, every effort is made to handle the assignment at the appropriate level and with the relevant resources.
3.4.2 The law firm determines fees on the basis of the time spent on the assignment. The hourly rate depends, amongst other things, on the seniority and expertise of the lawyer or lawyers who have contributed to the assignment. In addition to the time spent, the calculation of the fee takes into account a range of factors, including the extent of specialist knowledge required to resolve the matter, the value of the matter, its significance to the client, its complexity, the result achieved, and the liability associated with handling and resolving the matter.
3.4.3 The Law Firm endeavours to handle all cases for a fee that is proportionate to the value of the matter; however, particularly in relation to matters of lesser value, there may be instances where the fee will not be proportionate to the said value.
3.4.4 Upon request, the client will be informed, at the outset of an assignment, of the expected amount of the fee, if it is possible to estimate this, given the nature of the assignment. If it is not possible to estimate the fee, the client will be informed of the method by which the fee will be determined.
In consumer matters, the client will be informed of the expected fee before the assignment commences.
3.4.5 Any necessary costs and out-of-pocket expenses incurred by the Law Firm in connection with an assignment shall be paid by the client in addition to the fee. General secretarial assistance is included in the fee.
3.4.6 The Law Firm is subject to the Danish Bar and Law Society’s supervisory and disciplinary system and to the rules of professional conduct for lawyers. The rules specifically applicable to the practice of law can be found on the Danish Bar and Law Society’s website at www.advokatsamfundet.dk.
3.4.7 In the event of a dispute regarding legal fees invoiced by the Law Firm and/or dissatisfaction with the Law Firm’s conduct, the client is entitled to lodge a complaint regarding the amount of the fees and/or the Law Firm’s conduct with the Danish Bar and Law Society; Kronprinsessegade 28, 1306 Copenhagen K (www.advokatnaevnet.dk).
3.5 Terms of payment
3.5.1 As a general rule, the Law Firm invoices the client on a monthly basis or at other predetermined intervals agreed with the client.
3.5.2 Payment must be made no later than 8 days from the invoice date. In the event of late payment, the law firm is entitled to charge interest in accordance with the provisions of the Interest Act in force at any given time. VAT is added to the fees in accordance with VAT legislation.
3.6 Confidentiality and insider dealing
3.6.1 The Law Firm is obliged to treat all information that is not already publicly available as confidential. The Law Firm is bound by a duty of confidentiality, and specific security procedures have been established in relation to the handling of confidential information and material.
3.6.2 The law firm is subject to applicable legislation prohibiting the disclosure of inside information concerning listed companies and to applicable restrictions on trading in listed securities.
3.7 Liability, limitation of liability and liability cover
3.7.1 The law firm is liable for the assistance provided in accordance with the general rules of Danish law.
3.7.2 However, the Law Firm’s liability is limited to DKK 10 million per case, and the Law Firm’s liability may not exceed DKK 10 million for claims brought by the same client within a calendar year and the immediately following calendar year. The term ‘the same client’ refers to natural and/or legal persons who are considered ‘related parties’ within the meaning of the Bankruptcy Act.
3.7.3 The Law Firm’s liability covers only direct financial loss and thus does not include consequential damages, including operating losses, loss of data, loss of profit, goodwill, reputation, etc., or other forms of indirect loss.
3.7.4 The law firm is not liable for advice provided by the client’s other advisers, regardless of whether such advisers have been engaged with the law firm’s assistance.
3.8 Governing law and jurisdiction
3.8.1 Any disputes between lawyer Michael Christiani Havemann and a client shall be settled in accordance with Danish law, and disputes may only be brought before the Danish courts.