1. Introduction
Advokatfirmaet Seland DA will make its best efforts to safeguard the interest of the client in an optimal way. The commission will be carried out in accordance with our internal case consideration routines, and otherwise according to the Regulations for Advocates and the Fee Guidelines of the Norwegian Bar Association. The essential elements of the above documents, particularly significant to our clients, are presented in the clauses below.
2. Establishing the Commission
Prior to establishing a commission, it will be clarified whether or not any conflicts of interest or other circumstances exist which indicate that the firm cannot or should not accept the commission. Likewise, this applies to established commissions if new opposing parties should be involved in the case.
Should it be in the unquestionable interest of the client, the work may be commenced prior to the conclusion of the clarification. If this is the case, reservations will be expressed to the client regarding the conclusion of the conflict of interest clarification, possibly leading to a withdrawal from the commission.
When establishing the commission, an identification check will be undertaken, if required, as stipulated in the Money Laundering Act.
Furthermore, on establishing the commission, a written confirmation of the commission, identifying the commission, will be prepared. Such written confirmation will not be given for smaller commissions where the work covering the preparation of a confirmation may be out of proportion with the extent of the commission, especially when the commission is completed on the approach to our firm.
3. The Resources of the Firm
The following categories of employees with the firm carry out work for clients:
Partner attorney-in-charge
Employee attorney-in-charge
Employee attorney-at-law
Associate
Paralegal
Secretary
4. Commission Performance
To all commissions an attorney-in-charge will be assigned whose name will appear on letters or other communications from our firm regarding the case. All work carried out shall be the responsibility of the attorney-in-charge. The attorney-in-charge will see to it that the work is carried out in a proper manner with a view to the requirements of the client, including an assessment of the most appropriate handling of the commission by an employee attorney-at law, associate, paralegal or secretary.
Should the client have any special requirements regarding the choice of attorney for the commission, this will normally be complied with. In case of work carried out by associates with limited experience, an assessment will be made as to the amount of work with direct relevance for the client and thus applicable for invoicing.
Should the commission at a later date be extended, in relation to the initial agreement, a written confirmation of this will be submitted.
5. Hourly Rates - Fee
Basically, commissions are invoiced according to time incurred.
The following hourly rates, from 1.1.2012, apply to the various categories of employees:
Partner attorney-in-charge NOK 2,000 – 2,600
Employee attorney-in-charge NOK 1,700 – 1,900
Employee attorney-at-law NOK 1,300 – 1,600
Associate NOK 1,000 – 1,300
All prices are excl. VAT.
The shortest time unit is 15 minutes. No time is registered for short telephone conversations, only comprising short messages. We do not invoice additional office costs, unless this has been specifically agreed, or the work carried out is not defined as ordinary secretarial work. For instance, translation work will be invoiced.
Nevertheless, we reserve the right to adjust our fee up or down, following a total assessment, considering degree of complexity, irregularly high or low amount of work involved, the result of the case etc. If the case is dependent on a court decision we take subject to case total fees may be higher than closed claim or be awarded by the courts.
Prices contained on this website is subject to change each calendar year
6. Invoicing and Payment
Normally, hours used/fee will be invoiced at regular intervals, i.a. based on hours incurred since the previous invoice was issued. Generally, substantial outlays will be re-invoiced to the client as soon as the outlay has been incurred.
All invoices are payable within 10 days net. In case of delayed payment, penalty interest accrues in accordance with the provisions of the Penalty Interest Act.
Normally, to each invoice will be attached a specification of the work, specifying amount of work carried out in the relevant period and performing attorney.
Should one invoice include work comprising several commissions on account of the same client, the specifications attached will show the proportionate share of fee and possible outlays related to each commission, if expressly required by the client.
7. Outlays
Outlays, for which the client is responsible, will be clarified with the client before they are incurred, unless the costs are mentioned in the Commission Letter, or are necessary to safeguard the interest of the client, and the consent of the client cannot be obtained in advance. Please note that re-invoicing of outlays normally will generate V.A.T. on the outlays.
8. Free Legal Aid
Pursuant to the Free Legal Act, certain cases might entitle the client to free legal assistance provided by the State, depending on income and assets not exceeding the present limits, which from 1.1.2009 is NOK 246,000 for singles/NOK 369,000 for a household, and net assets must not exceed NOK 100,000. In special circumstances, a County Administrator might make exceptions from these limits. Further information regarding Free Legal Aid may be obtained from the County Administrator or our office. Should Free Legal Aid be relevant, this should be submitted to us for clarification as soon as possible.
9. Legal Aid Insurance
Certain cases may be covered by Legal Aid Insurance. This will be evident from the insurance policy/policies of the client. This possibility should be checked, and if feasible, reported to the insurance company as soon as possible. Unless otherwise agreed, the client himself must ensure that the insurance company is notified.
Work performed will be debited the client in accordance with agreed legal fee calculation principles. The client can claim coverage of the fee by the insurance company in accordance with the provisions of the policy, with the exception of his own risk. Please note that our fee is not limited to the amount the insurance company is willing to cover. The client is fully and wholly liable for the fee incurred.
10. The Client’s own Circumstances
Dependent on the best possible clarification and the optimal preparations on the part of the client, the more efficiently we will be able to render our assistance. This will be significant in regard to calculation of the invoiced fee and it may affect the outcome of the case.
Normally, all mutual contact with the opposing party shall be conducted through our intermediary, and the client must inform us without delay in the event of a direct approach from the opposing party or the legal representative of the opposing party.
All relevant correspondence in the case originating from or received by our office will be submitted to the client. These documents should be taken care of, as subsequent copying will entail costs generating invoice to the client.
11. Liability for Outcome of the Case – Case costs/ Court costs incurred –
Facts related to Awarded Case Costs
Notwithstanding our stated opinion as to the outcome of the case, this does not imply that we have any legal responsibility for this result.
If a lawsuit is lost, the client may run the risk of being liable for the case costs of the opposing party together with the court costs. This is the own liability of the client.
In case a legal judgement concludes with the client being awarded case costs, but the sum has been set at a lower amount that the fee we have claimed/will claim from the client, the client will be liable to us for the excess amount.
12. Confidentiality / Personal Data Act
Attorneys have a duty of confidentiality and professional secrecy with regard to the information they have access to in a case, with the exceptions stipulated by law (i. a. the Money Laundering Act). Each and all partners and employees of the firm have authorised access to such information and have signed written confidentiality statements.
Much of the information will comprise personal data. These will be handled in accordance with the Personal Data Protection Act.
See otherwise point 13.
13. Electronic correspondence
Following the recommendation of the Data Protection pointed out the following e-mail communication:
"Note that the use of email has many weaknesses that make confidential information can go astray. Therefore do not send sensitive or confidential information via email".
Unless otherwise stated in the commission or particularly in writing, the parties agree that the unsecured e-mail can be used in ordinary correspondence.
14. Right to appeal
It is possible to obtain an assessment evaluating whether or not the commission has been carried out in accordance with Good Legal Practice. Furthermore, it is feasible to make a complaint if the client is dissatisfied with the calculated fee. In general, the quality of the work cannot be assessed by the disciplinary bodies.
As a principle rule, the time period for lodging an appeal is six months, running from time the complainant became or should have become aware of the circumstances on which the appeal is based. In the first instance, the appeal will be considered by the Norwegian Bar Association’s regional disciplinary board for Oslo circuit. Decisions made by the disciplinary board can be appealed to the Appeals Committee.
Rules for Good Legal Practice and further information with regard to the right to appeal can be found on the Norwegian Bar Association website www.jus.no under advice and legal assistance.
15. Liability Insurance– Limitation of Liability
Please note that certain requirements apply for legal activities concerning guarantees and liability insurance in order to cover compensation liabilities that might be incurred during the performance of legal activities. Responsible for Seland DA, its partners and employees is limited to a total amount of maximum NOK 75,000,000 for each commission.
16. Revision of Commission General Terms and Conditions
Normally, our general terms and conditions are revised once a year and otherwise when necessitated by special requirements.
