AWA Law Advokater ApS complies with the rules on ethics and professional conduct of the Danish Bar and Law Society. We are subject to the rules on prevention of money laundering and thus obliged to obtain and keep identity information on any client.
All of our attorneys are appointed by the Danish Ministry of Justice and members of the Danish Bar and Law Society. The statutory framework for the execution of lawyer’s practice in Denmark, including rules on complaints, can be found here.
1 Legal services
AWA Law Advokater ApS provides legal services within intellectual property law. Our advice is targeted at each individual assignment and/or client and is accordingly not to be used for any other purpose with or without explicit prior consent. Unless otherwise agreed, we are only liable to the client for the assistance provided.
The attorneys of AWA Law Advokater ApS are qualified to give advice only on the legal position in the jurisdictions in which they are authorized to practice. We do not provide binding advice on legal position in any other jurisdictions, but, from time to time, we may express views on legal issues in other jurisdictions based on our general knowledge and experience. Such views and opinions do not constitute legal advice. Whenever we find it appropriate or necessary in a particular matter to seek advice pertaining to other jurisdictions, we strive to inform clients and aid in obtaining such advice.
2 Conflict of interest
In accordance with the rules of the Danish Bar and Law Society, we check and ensure that no conflict of interest exists before we finally accept (undertake) an assignment. If a conflict of interest should arise subsequently, preventing us from continuing our work, we shall be pleased to recommend another law firm.
3 Fees, invoicing and payment
Our fees are based on various factors, including time spent, the degree of expertise required, the size and complexity of the assignment and its importance to the client, the outcome of the case, the liability exposure, time pressure etc. Our fees are exclusive of relevant costs and disbursements.
Upon request, we will provide an estimate of and information on our fees, relevant costs and disbursements. Unless otherwise expressly agreed, the estimate is indicative. We will inform the client as soon as possible in the event that the total fees are likely to exceed the estimate.
Disbursements and relevant costs in connection with our services are charged separately to the client.
Unless other invoicing terms have been agreed to, we invoice clients on a monthly or quarterly basis or upon completion of an assignment,. All fees and expenses are exclusive of VAT, which will be charged where appropriate in accordance with applicable law. The terms of payment are net 14 days for domestic clients and net 45 days for international clients from the invoice date.
All information received from or about the client in connection with the work performed for the client will be treated as confidential. We will disclose such information to third parties only where required by law, where disclosing such information is part of performing the assignment, or where the client has consented to such disclosure.
5 Intellectual property
The copyright and other intellectual property rights in work products that we generate for the client vest in us, although the client has the right to use such work products for the purposes for which they were provided. Unless otherwise expressly agreed, no document or other work product generated by us may be generally circulated or used for marketing purposes.
6 Termination of engagement
A client may terminate their engagement with us at any given time. However, the client must still pay our fees and expenses for services provided or incurred prior to the date of termination.
AWA Law Advokater ApS reserves the right to cease representation of a client if, e.g. the client is in breach of these terms, is subject to insolvency proceedings, is insolvent, where payment is not made according to our terms, or where we find we cannot be responsible for handling the case.
7 Liability, limitation of liability and insurance
AWA Law Advokater ApS is liable for our advice to clients in accordance with the general rules of Danish law and all of our attorneys are covered by our professional indemnity insurance and guarantee according to the rules of The Danish Bar and Law Society.
Our liability is, however, limited to a maximum of DKK 10 million per assignment. Further, the compensation to a client cannot exceed DKK 20 million for all claims made by a client within the same or the immediate following calendar year. If a client requires higher insurance protection, the costs of such protection shall be borne by the client. If AWA Law Advokater ApS incurs joint and several liability together with our client towards a third party, the client is to indemnify AWA Law Advokater ApS to the extent AWA Law Advokater ApS’ total liability to the client and the third party exceeds the limitations as set out above.
AWA Law Advokater ApS’ liability covers only direct loss, and thus excludes consequential loss and any indirect loss, including, but not limited to, operating loss, loss of data, lost earnings, goodwill, image etc.
AWA Law Advokater ApS’ liability does not cover any advice or service given or provided by other advisers, including foreign attorneys whom we (upon agreement with the client) have asked to assist or to whom we have referred a client.
8 Law and venue
Any dispute between a client and AWA Law Advokater ApS shall be subject to Danish law and the jurisdiction of Danish courts.