General terms and conditions

1. Introduction

1.1 These general terms and conditions apply to all assignments that the Law Firm’s attorneys or employees undertake or perform in accordance with PART A.

1.2 These General Terms and Conditions form part of the engagement letter and are made available to the Client upon establishment of the engagement. By electronically signing the engagement letter, the Client confirms that they have received and reviewed the General Terms and Conditions and accepts them as binding in relation to the engagement.

1.3 Unless otherwise agreed, the terms and conditions will also apply to repeated assignments for the same Client.

1.4 The aim and obligation of the Law Firm is to look after the Client’s interests in the best possible way, within the framework provided by this assignment agreement, the Courts of Justice Act, the Regulations for Lawyers, the Code of Conduct for Lawyers, the Law Firm’s internal case processing routines, as well as other relevant regulations.

1.5 All attorneys and assistant attorneys associated with the Law Firm have a licence or authorisation to practise as a lawyer in Norway issued by the Norwegian Supervisory Authority for Legal Practice (Advokattilsynet).

1.6 In accordance with the Norwegian Bar Association’s guidance on how human rights are expected to be respected by law firms, the responsible attorney will take the initiative to discuss current and potential human rights violations that the assignment may cause, with the aim of assisting the Client in avoiding such violations. The Law Firm reserves the right to withdraw from the assignment if the Client decides not to follow the attorney’s advice and it is clear to the attorney that all or parts of the assignment may involve infringement of human rights.

2. Establishment and performance of the assignment

2.1 The description of the assignment is stated in PART A, supplemented by the agreements arising from oral or written correspondence. In the event of a significant change to the assignment, the Client shall receive an updated PART A of the confirmation of assignment.

2.2 A responsible attorney will be appointed for each and every assignment and will be able to receive assistance from the Law Firm’s other employees for the performance of parts of the assignment.

2.3 In accordance with the Anti-Money Laundering Act, customer due diligence measures must be taken with identity verification. The Client is obliged to contribute to the implementation of customer due diligence measures. Be aware that if there is suspicion that transactions are related to the proceeds of a criminal offence, etc., the Law Firm is obliged to inform ØKOKRIM about this, without any obligation to notify the Client or third parties.

2.4 Before an assignment is established, it must be ascertained that there is no conflict of interest or other circumstances that indicate that the Law Firm cannot or should not take on the assignment. The Client is obliged to contribute to such clarification. The same applies to an established assignment if a new opponent is introduced into the case. If consideration for the Client so dictates and it is found unproblematic, work may start before the clarification procedure has been completed. In such cases, the Law Firm may have to relinquish the assignment at a later point in time due to this.

2.5 In order to be able to look after the Client’s interests in the best possible way, the Law Firm relies on the Client providing complete information as soon as possible about the facts of the case and the outcome the Client wants to achieve in the case.

2.6 All inquiries to and from the opponent shall be clarified with or go through the Law Firm. The Law Firm and the Client shall keep each other informed about the communication that takes place with the parties involved.

3. Calculation of fees and invoicing

3.1 Unless agreed otherwise, total costs are based on time spent on work with the Client’s assignment. Our indicative hourly rates can be found in PART A of the confirmation of assignment.

3.2 The minimum time unit is 0.25 hours (15 minutes). All time spent is rounded up to the nearest quarter hour. This applies to all types of work, including but not limited to phone calls, emails, text messages, digital meetings, document review, brief clarifications, and other communication with client, opposing party, or third parties - regardless of actual duration. Work commenced that is interrupted for reasons outside the law firm's control is billed as a completed quarter hour. For multiple separate contacts within the same hour, each is billed separately with the minimum unit.

3.3 If the Law Firm provides an estimate of the anticipated fees, the estimate shall not be construed as a fee cap or an agreement for a fixed fee. An estimate is merely an indication, based on the information available at the time it is provided, of the fees that the Law Firm is likely to charge for carrying out the engagement, excluding value added tax and disbursements. The estimate is not binding. The Law Firm will seek to inform the Client, as soon as reasonably practicable, of any material deviation from such estimate. The Client shall nevertheless remain liable for the full amount of the fees, even if they exceed the estimate.

3.4 The Law Firm reserves the right at all times to ask that the client should create a deposit as security for the Law Firm’s fees, or make on account payments. Any deposits will be paid into a clients’ account. Annual interests in excess of one half of a basic judicial fee amount (R) will be credited to the client. The deposit and any interests accrued will be applied to the client’s final bill, when the assignment is completed. Deposited amounts may also be used in settlement of any other outstanding invoices.

3.5 The Law Firm reserves the right to discontinue the provision of services until any disputes concerning invoice amounts are resolved, and any undisputed due amounts have been settled, and any requested advance payments, on-account payments or deposits have been made. This also applies to representation before the courts or in arbitration.

3.6 In case of cancellation, postponement, or termination of the assignment, regardless of notice period, for reasons not directly attributable to the Law Firm, the law firm has the right to full compensation for loss of income and allocated capacity. This includes, but is not limited to, reserved time, allocated resources, and lost business opportunities. The amount of compensation is determined by the law firm based on planned time use and current hourly rates.

3.7 The Client is liable to cover court fees, the costs for expert witnesses and other costs incurred in a legal process. The Client is also liable to cover the opponent’s legal costs if these are imposed. Legal costs will often, but not always, be charged to the losing party.

3.8 To cover the law firm's office expenses, including copying, postage, telephone, and data costs, a standard administrative fee of 2% of the fee is charged. For particularly extensive document handling or special shipments, additional costs may be charged by separate agreement.

3.9 The Law Firm’s fee claim against the Client is not limited by the Client being awarded less in compensation for legal costs than the face value of the fee claim.

3.10 Statutory limitations in the Client’s right to claim compensation for legal aid costs from the opponent do not limit the Law Firm’s fee claim against the Client. Such limitations have been determined in cases before the Conciliation Board and in small claims processes, among other things.

3.11 A specified overview of the work performed, expenditures, etc., shall be attached to the invoice.

3.12 All costs and expenditures that the Law Firm pays in advance will be invoiced together with the fee claim. Onward invoicing of the expenditures may incur VAT expenses.

3.13 Interest will be charged on overdue payments pursuant to the provisions of the Norwegian Interest on Overdue Payments Act.

3.14 The Law Firm reserves the right to apply a different and/or higher fee rate to the opposing party than the one agreed with the client when the court has awarded legal costs to the Law Firm's client, or when a settlement has been reached where the opposing party is to cover the Law Firm's client's legal costs. In such cases, the Law Firm may charge a fee rate that reflects market-based fees for similar services, which may exceed the originally agreed fee rate with the client. The Law Firm may claim such adjusted fee rate directly from the opposing party.

3.15 Complaints about invoices must be submitted without undue delay and no later than 30 days after the invoice date. After this point, the right to raise objections is lost.

3.16 The law firm has the right to set off any claim against the client, regardless of whether the claim arises from this or other assignments for the client.

4. External coverage of fee costs

4.1 In accordance with the Act on Free Legal Aid, certain cases may be granted the right to legal assistance that is covered by the public authorities (free legal aid). Some types of case always qualify for free legal aid, while other types of cases require that the client's ability to pay does not exceed five times the basic amount of the National Insurance Scheme (G). In the latter cases, the client must pay a co-payment that varies from 1-99% of the lawyer's fee, the lawyer's necessary travel expenses and travel absence. Persons with a payment capacity that does not exceed one times the basic amount of the National Insurance basic amount do not have to pay a co-payment. The co-payment is collected by the Norwegian National Collection Agency. Further information about free legal aid may be obtained from the County Governor, The Norwegian Civil Affairs Authority, or from our office. The County Governor has developed a calculator to calculate payment capacity and a digital application form. The Client is requested to raise the issue of free legal aid coverage with the responsible attorney for a specific assessment.

4.2 The Client’s possible legal aid insurance, household insurance, travel insurance or other insurance schemes may cover the costs of legal assistance in certain types of cases, depending on the terms of the insurance policy. The Client is obliged to provide the Law Firm with the necessary information for an assessment of the scope of cover of the insurance policy. The Client is liable to cover any excess or difference between the Law Firm’s fee claim and the amount the insurance company covers.

5. The law firm’s liability

5.1 The Law Firm is responsible in accordance with the general rules on the professional liability of attorneys and is covered by the statutory security for practising law, which applies without geographical limitation. The Law Firm’s guarantor is Gjensidige Forsikring ASA.

5.2 The law firm's total liability under this assignment is limited to the amount covered at any time by the law firm's liability insurance, unless otherwise specifically agreed in writing. Any claims against the law firm are time-barred one year after the circumstance giving rise to the claim was or should have been discovered.

5.3 The Law Firm provides legal advice and assistance only and shall not be liable for advice relating to non-legal matters, including technical, financial, commercial or environmental matters. Unless expressly stated in the engagement letter or engagement agreement, or agreed separately in writing, our advice and assistance will not cover criminal law, tax law or indirect tax matters, or any criminal, tax or indirect tax consequences of the transactions or actions to which the advice relates.

5.4 The Law Firm is not liable for indirect losses, including lost profits.

5.5 The law firm may at its discretion engage subcontractors, including external lawyers, experts, technical advisers, or other third parties, for the performance of all or parts of the assignment. Such engagements are considered pre-approved by the client upon acceptance of these terms. The client is responsible for all costs related to such engagements, including fees, expenses, and administrative costs, unless otherwise agreed in writing. The law firm is not liable for errors, delays, or deficiencies committed by external advisers or subcontractors, regardless of whether these are engaged on the law firm's recommendation or directly by the law firm. This applies even if the advice or assistance is conveyed through the law firm.

5.6 The law firm is not responsible for losses resulting from the case's outcome not matching the assessment the law firm has previously provided about the possible outcome of the case.

5.7 The law firm is not responsible for loss of managed client funds due to bankruptcy or other conditions on the bank's side. The firm notes that the bank's guarantee fund does not guarantee more than NOK 2 million in deposits per depositor (law firm) per bank. Only by special agreement will the law firm take measures to increase the degree of guarantee coverage for the client's funds.

6. Processing information

6.1 Attorneys in the Law Firm are prohibited from disclosing trusted information. In addition, the attorneys are obliged to keep information beyond this confidential. In certain statutory cases, exemptions from the duty of confidentiality apply.

6.2 Unless otherwise agreed, the Law Firm’s attorneys have the right to share information with other employees of the firm as far as necessary. The Law Firm’s other employees are subject to the same duty of confidentiality as the attorneys.

6.3 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 opponents, courts and public agencies will only have access to the personal data to the extent this is necessary for the assignment. The Client has the right to access information about the processed information, as well as the right to demand the correction of defective information. Pursuant to the Personal Data Act, the data controller is the Law Firm’s general manager and in case of questions about our processing of personal data, a responsible attorney can be contacted. Refer also to the processing of personal data in the Law Firm’s privacy statement: https://www.advokats.info/en/personvernerklæring

6.4 The Law Firm points out that electronic data communication generally suffers from weaknesses, which means that unauthorised persons under the given conditions may gain access. To the extent that confidentiality is required, security measures (including encryption and censor strips) may be taken to prevent unauthorised access such communication. As an aspect of the assessment of whether confidentiality is necessary, emphasis will be placed on the Client’s transmission of unsecured electronic information to the Law Firm.

6.5 At the conclusion of the assignment, any original documents in the case will be returned to the Client or shredded according to further agreement. The Law Firm is obliged to store certain documents and information at the end of the assignment. The Law Firm may also retain copies of other case documents at the end of the assignment, within the framework of the law. Copies may be provided for a fee.

7. Complaints

7.1 If the Client is dissatisfied with the performance of the assignment, the Client is requested to raise this matter immediately with the responsible attorney or the general manager. The Law Firm will immediately consider the complaint.

7.2 The Disciplinary Board for Lawyers (Advokatnemnda) deals with complaints that the attorney must have acted in violation of the Code of Conduct for Lawyers. For more information about complaint about an attorney, please visit www.advokatenhjelperdeg.no.

7.3 Disputes related to the assignment agreement are settled under Norwegian law and may only be brought before the Norwegian courts.

8. Annual adjustment of hourly rates

The law firm's hourly rates are adjusted annually by up to 3% from each calendar year without special notice. Larger increases may be determined based on market conditions, competence development, and general cost development. Adjustments also apply to ongoing assignments. For increases above 3%, the client will be informed in the last invoice before the change or by special notice.

9. Revision of terms and conditions

The general terms and conditions of the assignment are normally revised once a year and otherwise when needed. Changes to the Client’s disadvantage, which are not necessary due to binding regulations, can only become effective after one month’s notice.