These terms of business apply to all legal assignments performed by CLM Advokater Advokatanpartsselskab (hereinafter "CLM") for the client, unless otherwise agreed in writing.

1. PERFORMANCE OF THE ASSIGNMENT

The scope of the legal assignment is agreed upon in collaboration with the client and may be adjusted as needed.

CLM strives to provide qualified legal assistance that creates value for the client. Legal assignments are performed in accordance with the requirements for conduct and ethics set out in the Danish Administration of Justice Act regarding attorneys and the Code of Conduct of the Danish Bar and Law Society.

Original case files are returned to the client upon completion of the assignment, and CLM retains its own case files for at least five years.

The client is granted the necessary usage rights to written material provided by CLM in connection with the performance of legal assignments. However, CLM retains all copyrights and other intellectual property rights to the material.

CLM may transfer rights and obligations under the legal assignment/agreement in connection with a restructuring of CLM's business, including in the form of takeovers, mergers, demergers, acquisitions, insolvency, conversion into a limited liability company, asset transfers outside the rules of the Danish Companies Act, etc.

2. ATTORNEYS AND CASE HANDLERS

All attorneys at CLM are licensed by the Danish Ministry of Justice and are members of the Danish Bar and Law Society.

In addition, CLM employs case handlers who assist the firm's attorneys and assistant attorneys in performing work for our clients in all respects, with the exception of appearing in court.

You can find further information about CLM, our attorneys, and case handlers here.

3. CONFIDENTIALITY

CLM is committed to treating all information received from and about the client as confidential. The firm's partners, attorneys, and other employees at CLM are subject to a duty of confidentiality, and CLM has established specific security procedures to protect sensitive and confidential material.

4. FEES, INVOICING, ETC.

CLM calculates its fees based on an overall assessment, which includes, among other things, the following elements: 

• The resources used, including time spent,
• specialist expertise applied, 
• whether the task was performed under very tight deadlines or outside normal working hours, 
• the responsibility associated with the case, 
• the value of the matter, 
• the importance of the case to the client and 
• the results achieved. 

VAT is added to fees in accordance with applicable regulations. 

CLM may request the client to prepay the fee before work begins. 

Upon request from the client, CLM can provide an estimate of the expected fee before commencing the assignment, provided this is possible based on the nature of the assignment. Clients who are consumers are always provided with information about the fee before work begins. 

In addition to the fee, the client pays assignment-related costs and disbursements incurred by CLM as part of the execution of the assignment, including, for example, taxes and fees, travel and accommodation expenses, as well as certain copying and shipping expenses. Depending on the amount, CLM will either advance the payment on behalf of the client or request prepayment of the amount.

Payment terms are net 14 days from the invoice date. In case of late payment, interest is charged in accordance with the Danish Interest Act.

CLM manages all client funds in accordance with the Danish Bar and Law Society's rules and maintains a primary client account with Jyske Bank. Accrued interest on the client account belongs to the client, just as any accrued negative interest on the client account is borne by the client. Deposits in client accounts are covered by the general limit of EUR 100,000 established by the Act on a Depositor and Investor Guarantee Scheme for coverage in the event of the financial institution's financial collapse. The limit applies to the total deposit in the financial institution in question. If the client has other deposits in the financial institution besides the funds held in client accounts, the maximum limit applies to the total deposit. CLM has no liability for a client's loss resulting from the financial collapse of the deposit-taking financial institution.

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5. CONFLICTS OF INTEREST, INSIDER TRADING, AND ANTI-MONEY LAUNDERING

Upon receiving a case, CLM assesses whether accepting the case would involve a conflict of interest for CLM. CLM has also established specific rules and procedures to manage any conflicts of interest that may arise during the handling of a case.

Everyone at CLM is subject to the Securities Trading Act's prohibition against insider trading. CLM has established internal procedures to prevent insider trading, and it is the responsibility of the firm, its partners, and its employees not to misuse the knowledge CLM acquires in connection with its work. 

Everyone at CLM is subject to the rules of the Act on Measures to Prevent Money Laundering and Financing of Terrorism. This means that CLM must, among other things, obtain and store information to identify the client and information about the client's ownership and control structure to identify the beneficial owners if the client is a legal entity.

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6. LIABILITY, LIMITATION OF LIABILITY, INDEMNIFICATION OBLIGATION, AND INSURANCE

CLM is responsible for the advice provided in accordance with the general rules of Danish law, subject to the exceptions and limitations set out in this section 6.

CLM provides advice based solely on Danish law, unless otherwise agreed with the client.

CLM's liability for damages to the client is limited to 10 times the fee for the specific legal assignment, subject to a maximum of DKK 50 million, and such that a client may receive a maximum of DKK 50 million in damages for all claims raised by the client within the same or the immediately following calendar year.

The client shall indemnify CLM to the extent that CLM is held liable to third parties arising from work performed for the client, and which, together with any claims from the client, exceeds the limitations mentioned in this section 6, or for which CLM is not liable to the client.

CLM is not liable for losses or damages resulting from, or directly or indirectly connected to, an information security incident, errors, or failures in CLM's IT systems, or for operating losses, loss of time, loss of profit, loss of data, loss of goodwill, or any other form of indirect loss, or losses resulting from the financial collapse of a deposit-taking financial institution.

CLM is not responsible or liable for other advisors to whom CLM, by agreement with the client, has delegated parts of the assignment, or whom the client has engaged following a referral from CLM.

The client may only bring claims against CLM and not against the firm's partners, attorneys, or other employees.

If the client is a business, claims for damages against CLM become time-barred 12 months after the client becomes aware, or should have become aware, of the circumstances giving rise to the claim. However, the limitation period expires no later than 3 years after CLM provided the advice to the client from which the claim arises.

CLM has taken out professional indemnity insurance and provided a guarantee with Codan Forsikring A/S in accordance with the rules established by the Danish Bar and Law Society, and the professional indemnity insurance covers all legal practice, regardless of where the legal services are performed.

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7. MARKETING

CLM is entitled to refer to a matter in its marketing once the matter has been concluded and is publicly known, or when agreed upon with the client.

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8. COMPLAINTS

If a client is dissatisfied with CLM’s advice, the handling of a legal matter, or the fees charged, the client is always welcome to contact the lawyer responsible for the matter.

CLM is subject to the Danish Bar and Law Society’s supervisory and disciplinary system and the rules set out in section 126 of the Administration of Justice Act and the Code of Conduct for Lawyers regarding good legal practice. These rules can be found on the Danish Bar and Law Society’s website www.advokatsamfundet.dk. 

Clients may file complaints regarding CLM’s advice, the handling of a legal matter, or the fees charged with the Disciplinary Board (Advokatnævnet), Kronprinsessegade 28, 1306 Copenhagen K, or by using the Disciplinary Board’s digital complaint portal on the Danish Bar and Law Society’s website www.advokatsamfundet.dk.

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9. GOVERNING LAW AND VENUE

Any disputes between a client and CLM are subject to Danish law and must be brought before the Danish court that has jurisdiction under the Administration of Justice Act.

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10. DISCLOSURE OBLIGATIONS 

Information about CLM, pursuant to section 21 of the Bar Council’s Code of Conduct for Lawyers, is available on our website. Read more here.

CLM processes personal data in connection with the performance of legal services. You can read about CLM’s processing of personal data in our privacy policy here

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