We are proud of being a traditional firm specialising in property, where knowledge has been transmitted and refined from generation to generation. We have been achieving results for almost 150 years to become a unique centre of legal expertise.
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Fees
For assignments to be invoiced according to the time accrued, the firm has set the following hourly fees depending on the personnel category involved:
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General terms and conditions
- 1. INTRODUCTION
DALAN advokatfirma DA will endeavour to take care of the client’s interests in the best possible way. Assignments will be carried out in accordance with our quality assurance procedures and otherwise in accordance with the Norwegian Regulations for Advocates and the Norwegian Bar Association’s fee recommendations.
The firm’s internal casework procedures will apply to the assignment. The parts of these procedures that are of material interest to our clients are indicated in the clauses below. The present terms and conditions apply to the assignment.
- 2. ESTABLISHING THE ASSIGNMENT – CONFLICT OF INTEREST
Before an assignment is established, it must be ascertained that there is no conflict of interest or other circumstances to indicate that the firm cannot or should not take on the assignment. The same applies to established assignments if new opponents are introduced to the case.
If it is in the client’s best interest and there are no indications to the contrary, work on the assignment may be commenced before such clarification has been made. In this case, we will inform the client that the clarification of any conflict of interest has not been concluded and that the result may be that the firm will have to decline the assignment.
On the commencement of the assignment, identity verification will be made pursuant to the Norwegian Money Laundering Act.
Upon establishment of the assignment, a written confirmation will be given identifying the assignment. The assignment does not include tax or duty related issues unless specifically stated. A written confirmation of the assignment will not be given for smaller assignments where the work drawing up such a confirmation will be disproportionate to the nature of the assignment, and in particular where the assignment is concluded along with the request.
Should information emerge in the case after we have taken on an assignment, showing there is a conflict of interest with respect to one or more of our other clients, we may withdraw from the assignment stating no other reason than a conflict of interest.
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- 3. THE FIRM’S RESOURCES
The following categories of lawyers work for clients in the firm: Partners (lawyer responsible for the case) and associates. Work under assignments may also be performed by other members of our staff.
- 4. IMPLEMENTATION OF THE ASSIGNMENT
A lawyer will be designated as responsible for each assignment. All work performed will be the responsibility of this lawyer. The responsible lawyer will ensure that the work is performed in the client’s best interest, which includes assessing whether parts of the assignment may most appropriately be carried out by an associate or another staff member.
If the client has special preferences as to which lawyer should carry out the assignment, this will normally be accommodated.
The client will be kept informed of the progress in the case and will receive a copy of any correspondence of significance.
- 5. HOURLY RATES
For assignments invoiced by the hour, the following rates apply for the various categories: Partners NOK 2,500—4,500. Associates: NOK 2,000—3,500. This does not include VAT, currently 25 %.
The smallest time unit is 0.25 hours or 15 minutes. The rates may be changed at one month’s notice. The rates may also be adjusted without prior notification on 1 January every year in accordance with the Consumer price index over the last 12 months.
- 6. INVOICING AND PAYMENT
Unless otherwise agreed, the assignment will be invoiced in accordance to time accrued, but the complexity and outcome of the case may also be taken into account. Time accrued, and any direct expenses will normally be invoiced once a month. Greater expenses will generally be re-invoiced as soon as payment has been made.
In case of work performed by associates–where such work also forms part of their training–we will assess how much of this work has been of direct value to the client and may thus be invoiced him/her.
All invoices must be paid within the two (2) week time limit for payment. An invoice fee will be added to all invoices. Interest will be added to overdue payments pursuant to the provisions of the Norwegian Overdue Payments Act.
Each invoice will have attached a specification of the work carried out during the period in question and by which lawyer. If specifically agreed upon, the total number of hours carried out by each lawyer will be indicated and, if required, also the number of hours spent on each main element of the assignment.
If an invoice includes work on several assignments for the same client, the specification will show what part of the fee and any expenses apply to each assignment.
Outgoing invoices are distributed electronically.
- 7. EXPENSES
Direct expenses that accrue during the case, including prevailing fees, costs for external statements, travel, board and lodging related to the carrying out of the assignment, will be charged to the client in addition to the fee. The same applies to expenses to photocopying, postage, delivery service etc.
Direct expenses for which the client is responsible shall be cleared with the client before they are incurred, unless such cost element has been mentioned in the Confirmation of Assignment or is necessary to secure the client’s interests, and the client’s consent cannot be obtained in advance. The re-invoicing of direct expenses will normally be subject to VAT.
- 8. FREE LEGAL AID
Pursuant to the Norwegian Legal Aid Act, legal assistance may in some cases be covered by the State. The prerequisite for this is that the client’s income or fortune does not exceed the limits of the Legal Aid Act applicable at any time. The County Governor may in certain cases make exceptions from these limits. Further information about free legal aid can be obtained from the County Governor or from our office. If the client believes he/she may be entitled to free legal aid, this should be clarified with us as soon as possible.
- 9. LEGAL EXPENSES INSURANCE
Certain cases may be covered by legal expenses insurance. This will be stipulated in the client’s insurance policy. It should be clarified whether this is applicable and, if it is, the insurance company must be notified as soon as possible. Unless otherwise agreed upon, the client is responsible for notifying the insurance company.
Unless otherwise specifically agreed upon, the work will be invoiced the client pursuant to the fee calculation principles of the present terms and conditions. The client may claim coverage of the fee from the insurance company pursuant to the terms of insurance, with the exception of the individual share. The firm’s fee claim and any reimbursements will not be limited to the amount that may be covered by the insurance company.
- 10. CLIENT COLLABORATION
The better the case is clarified and prepared by the client, the more efficient our work will be. This will affect the size of the fee.
All communication to and from the opponent must go through us, and the client must notify us as soon as possible of any direct communication from the opponent or his/her lawyer. The client will receive copies of all correspondence in the case to and from our office that is of importance. These copies should be kept, as subsequent photocopying will entail costs that will be invoiced the client.
- 11. LIABILITY FOR THE OUTCOME OF THE CASE–LEGAL COSTS IMPOSED—COURT FEES–LEGAL COSTS ESTABLISHED BY THE COURT
Even if we have expressed our view regarding the possible outcome of the case, this does not entail any legal or financial liability for whether or not this result is obtained.
Depending on the outcome of the case, the client risks being ordered to pay the other party’s legal costs and the court fee. This will be the liability of the client.
Unless otherwise specifically agreed upon, work on the court case will be invoiced the client pursuant to the fee calculation principles of these terms. If the Court awards the client lower legal costs in compensation from the opponent than the amount so calculated, the client will nevertheless be liable to our firm for the difference. If the Court determines the firm’s fee claim, the principles for the calculation of fees in these terms and conditions or any specifically agreed principles will form the basis for the Court’s decision.
- 12. PROFESSIONAL SECRECY— THE PERSONAL DATA ACT — electronic communication
Lawyers have a duty of confidentiality and professional secrecy relating to information they receive in a case, except as provided for by law (e.g. the Money Laundering Act). All members of our staff have authorised access to this information and have signed a professional secrecy statement. We reserve the right to provide general information in our marketing about our client relationships, with the exception of consumer relationships, provided this is not in conflict with the abovementioned duty of confidentiality and professional secrecy.
In legal proceedings, both the client as party and the lawyer as counsel are bound to tell the truth, and they have a duty of disclosure. If the client does not allow the lawyer to fulfil these obligations, and the lawyer cannot fulfil them without breaching his duty of secrecy, the lawyer must withdraw as counsel. We assume no liability in such cases for any loss the client may suffer. We will be entitled to a full fee for our work on the case.
If necessary in order to fulfill the assignment, DALAN advokatfirma DA will always handle personal data in accordance with the Personal Data Act and other regulations, including GDPR. Other parties, like opponents, courts of law and public bodies, may be granted access to personal data in as much as it is deemed necessary for the assignment. Our client has the right to inspect and access information about the processed data, request correction of inadequate information as well as demand deletion of data. DALAN advokatfirma DA represented by the chairman of the board is responsible for handling all information in accordance with the Personal Data Act. Should there be queries about how we handle personal data, the lawyer responsible for your case is to be contacted.
Unless otherwise stated in the Confirmation of Assignment or elsewhere in writing, the parties accept that ordinary, unsecured e-mail will be used for general correspondence.
- 13. THE RIGHT TO FILE COMPLAINTS
The client may ask for an assessment of whether the assignment has been carried out in accordance with the code of professional conduct for lawyers. The client may also make a complaint if he/she is dissatisfied with the size of the fee. Generally, the quality of the work carried out cannot be assessed by the disciplinary bodies.
As a general rule, the time-limit for complaints is six months. This period runs from the date when the complainant became or should have become aware of the circumstances on which the complaint is based. The Oslo Regional Disciplinary Board of the Norwegian Bar Association will review the complaint as first instance. The Disciplinary Board’s decision may be appealed to the Disciplinary Committee.
The rules of professional conduct for lawyers and further information about the complaints scheme can be found on the Bar Association’s website www.advokatforeningen.no, under “Advokatetikk” (available in Norwegian only).
- 14. LIABILITY INSURANCE – LIMITATION OF LIABILITY
A mandatory requirement for practising law is the furnishing of security and liability insurance to cover any liability that may be incurred in the law practice.
We do not assume liability for the result of our counselling to any greater extent than what has been specifically expressed. Our liability for damages in each case is limited to the amount of our fee in the case in question. Such liability is in any case limited to NOK 8,000,000 for the total financial loss related to the case in question and the relevant assignment. We do not assume liability for indirect losses, including lost profits or consequential losses.
We do not assume liability for errors carried out by advisers we have referred to or by subcontractors that we have left parts of the assignment to in accordance with an agreement with the client. Furthermore, we do not assume liability for services or advice provided by advisers, experts, foreign lawyers or other third parties, even if they have been chosen or instructed by us on behalf of the client.
Client funds will be deposited in a bank in Norway on the client’s behalf, in accordance with the Regulations for Advocates and other relevant regulations for the handling of such funds. We do not assume any independent payment liability for funds deposited in banks that may be lost due to the bank’s insolvency. We point out that the limit of the Norwegian Banks’ Guarantee Fund is NOK 2,000,000 per depositor (law firm) per bank. Only by special agreement will DALAN advokatfirma DA make arrangements to increase the degree of guarantee coverage for the client’s means.
In accordance with the partnership agreement, the firm’s partners are not responsible for liabilities the firm may incur from legal practice when at least one of the firm’s lawyers is jointly and severally liable with the firm in accordance with the Norwegian Courts Act Section 232 first through fourth paragraph. The provisions in these general terms and conditions do not change the channelling of liability and personal limitation of liability that follows from our appointing a responsible lawyer for each assignment in accordance with the Courts Act Section 232.
- 15. OUR OBLIGATIONS AND THIRD-PARTY RIGHTS
The firm is only liable to the client named in the assignment confirmation or otherwise and disclaims any liability to third parties. Should a third party request the right to use our advice, this will be considered, but we reserve the right to reject any such request. The client accepts that we do not in any way act on behalf of a third party unless by prior written agreement.
Unless otherwise has been specifically agreed upon, DALAN advokatfirma DA retains all rights—including intellectual property rights—to all material produced by us. This applies whether such material has been produced on paper or electronically, and independently of whether it was drawn up earlier or in connection with the individual assignment. The client may nevertheless utilise such material for his/her own use for the purpose of the assignment.
- 16. STORAGE OF DOCUMENTS AND COPIES
We do not store copies of case documents other than those we need to perform each assignment. Original documents should only be sent to the firm by prior agreement.
- 17. DISPUTE RESOLUTION
The assignment, the Confirmation of Assignment and these terms and conditions shall be governed by and construed in accordance with Norwegian law.
Should there be disagreement between DALAN advokatfirma DA and the client about the fee or other matters pertaining to the carrying out of the assignment, the parties shall seek to settle the dispute by negotiation. Disputes shall be finally settled by the ordinary courts with Oslo City Court as legal venue.
If the dispute concerns financial values of more than NOK 1,000,000, each party may demand arbitration. However, DALAN advokatfirma DA may not unilaterally demand arbitration where the client is a consumer. The court of arbitration consists of three members. The parties shall seek to agree on the composition of the court of arbitration; if this is not possible, each party shall appoint one member, and these two shall seek to agree on the third. If any party fails to appoint an arbitrator, the secretary general of the Norwegian Bar Association shall appoint the arbitrator not appointed by the parties. Unless otherwise specified in these terms and conditions, the Norwegian Arbitration Act of 2004 shall be applied, unless the parties agree otherwise. The proceedings and the award shall be confidential. Arbitration shall take place in Norway with Oslo as legal venue.
- 18. REVISION OF TERMS AND CONDITIONS
Our general terms of assignment will normally be revised once a year and otherwise should special needs arise. Any changes will come into force after thirty days of prior notice.