Terms of business

Before HAY LAW accepts a matter, an assessment is made of whether disqualification, conflicts of interest or other circumstances exist that prevent HAY LAW from assisting the client.

If circumstances arise during the handling of the matter that mean HAY LAW may no longer continue the assistance under applicable rules, the client will be informed as soon as possible.

If circumstances permit, HAY LAW will, at the client's request, seek to refer another lawyer to whom the client may turn.

As a law firm, HAY LAW is subject to the rules of the Danish Anti-Money Laundering Act to the extent that the specific matter or assistance falls within the scope of the Act.

HAY LAW may therefore be obliged to obtain and verify information about the client's identity before work on the matter can begin.

For natural persons, this may include information on name, address and CPR number as well as relevant identification. For companies and other legal persons, information may include name, address, CVR number, ownership and control structure and the beneficial owners.

For foreign clients, corresponding information and documentation is obtained to establish the client's identity in a satisfactory manner.

HAY LAW is further obliged to ensure on an ongoing basis that the information obtained as part of the customer due diligence procedure remains correct and adequate. The client may therefore also be requested to provide updated information or documentation during an ongoing client relationship.

Information and documentation obtained under the anti-money laundering legislation is retained for the period required by applicable law, including as a general rule for at least 5 years after the end of the client relationship or the relevant matter.

Reference is otherwise made to HAY LAW's privacy policy for further information on the processing and retention of personal data.

HAY LAW provides legal advice within the framework of the engagement agreed with the client.

The specific content and scope of the engagement are determined at the outset of the matter or on an ongoing basis during its handling. In relevant matters, the engagement will be described in a confirmation of instructions or other written agreement.

HAY LAW is subject to the rules on lawyers in the Administration of Justice Act and the rules applicable from time to time of the Danish Bar and Law Society, including the rules of professional conduct.

HAY LAW's lawyers are admitted by the Danish Civil Agency (Civilstyrelsen) and are members of the Danish Bar and Law Society.

Unless expressly agreed otherwise, HAY LAW's advice covers Danish law and EU law to the extent relevant to the specific engagement.

Advice on foreign law is not covered unless separately agreed.

HAY LAW sets the fee on the basis of an overall assessment of the specific engagement.

In setting the fee, account may be taken of the time spent on the matter, the nature and complexity of the matter, the experience and specialisation of the lawyers and employees involved, the financial or other significance of the matter to the client, the result achieved and the responsibility associated with the advice.

Where possible and relevant, HAY LAW may, upon request, provide the client with an estimate of the expected fee and the expected external costs associated with the matter.

If it transpires during the handling of the matter that a previously given fee estimate is likely to be significantly exceeded, the client will be informed as far as possible.

When advising consumers, the information on fees and costs required by the rules applicable from time to time is provided prior to the performance of the engagement.

HAY LAW may, under a specific written agreement, undertake a matter at a fixed price or under another agreed fee model. Such an agreement may be subject to specified conditions regarding, for example, the scope and course of the matter.

Unless otherwise agreed, HAY LAW invoices on an ongoing basis, usually monthly, for the work performed. For smaller or short-term engagements, invoicing may instead take place at the conclusion of the matter.

In addition to the fee, the client may be invoiced for relevant external costs and disbursements, for example court fees, charges, expert assistance, translation, transport and other costs necessary for the handling of the matter.

Where larger disbursements are to be incurred, HAY LAW may request the client to pay the amount directly to the court, the expert, the authority or another third party.

HAY LAW informs the client, where relevant, of the possibilities for public legal aid or insurance-covered legal aid.

The payment deadline is 8 days from the invoice date, unless otherwise stated on the invoice or agreed in writing.

In the event of late payment, interest is calculated in accordance with the rules of the Danish Interest Act.

If an overdue invoice is not paid, HAY LAW reserves the right, within the limits of good legal practice and applicable rules, to suspend the work or withdraw from the matter and any other matters for the client.

HAY LAW's VAT registration number is DK44316846.

VAT is added to the fee to the extent required by applicable law.

If a foreign client, under the rules of its home country, is obliged to withhold withholding tax or a similar tax on HAY LAW's fee, the payment is increased to the extent necessary so that HAY LAW, after deduction of the tax in question, receives the amount that would otherwise have been payable under the invoice.

HAY LAW does not maintain a client account and therefore does not receive or hold client funds or other entrusted funds on behalf of clients or third parties.

HAY LAW thus does not receive amounts to be held on behalf of the client for later payment of fees, disbursements or other costs.

Where a payment of, for example, court fees, charges, expert costs or other expenses to a third party is to be made in connection with a matter, the client may therefore be requested to make the payment directly to the relevant recipient.

HAY LAW and the firm's employees are bound by professional secrecy.

Information that HAY LAW receives as part of representing a client's interests is treated confidentially and is not disclosed to unauthorised parties.

The duty of confidentiality applies with the limitations that follow from legislation and the rules to which HAY LAW as a law firm is subject, including the anti-money laundering legislation.

HAY LAW is liable for the legal advice provided to the client under the general rules of Danish law and within the framework of the engagement that HAY LAW has undertaken.

HAY LAW is not liable for indirect losses or consequential damages, including loss of profit, loss of goodwill, loss of data or other similar indirect financial losses.

Unless separately agreed in writing, HAY LAW's aggregate liability in relation to the individual engagement is limited to an amount corresponding to the fee for the engagement in question, however a maximum of DKK 5,000,000.

Claims arising from the advice provided as part of HAY LAW's business must be directed against HAY LAW. Employees of HAY LAW do not assume independent personal liability towards the client for advice provided as part of their work for HAY LAW.

HAY LAW has taken out the mandatory professional liability insurance for lawyers and provided a guarantee in accordance with the rules applicable from time to time for lawyers.

A specific matter is normally considered concluded when HAY LAW's work on the engagement has been completed and the final invoice has been issued.

The client may at any time request that HAY LAW's assistance cease.

HAY LAW may likewise withdraw from a matter if there is a proper reason for doing so, including conflict of interest, non-payment, lack of cooperation from the client or other circumstances that mean HAY LAW can no longer handle the matter properly.

Withdrawal takes place with regard to the rules of professional conduct and in a manner that, as far as possible, gives the client the opportunity to seek other legal assistance without undue loss of rights.

Original documents belonging to the client are returned, as a general rule, no later than in connection with the conclusion of the matter.

HAY LAW retains the case files, as a general rule, for at least 5 years after the conclusion of the matter. Certain information and documents may be retained for a longer period if necessary or required by law, considerations of documentation, conflicts of interest or other proper grounds.

Copyright and other intellectual property rights to material prepared by HAY LAW as part of the advice belong to HAY LAW, unless otherwise agreed.

The client is entitled to use the material prepared specifically for the client for the purpose for which it was prepared.

When a matter or transaction has been concluded and is publicly known, HAY LAW may use participation in the matter as a reference in a marketing context, provided this can be done in compliance with HAY LAW's duty of confidentiality and the rules of professional conduct.

HAY LAW attaches importance to the client being satisfied with both the advice and the cooperation.

If the client is dissatisfied with HAY LAW's advice, handling of the matter or fee, the client is therefore encouraged to first contact the responsible lawyer so that the question can be discussed and, if possible, resolved amicably.

HAY LAW is covered by the supervision and disciplinary system of the Danish Bar and Law Society.

Complaints about a lawyer's conduct or fee may be submitted to the Disciplinary Board of the Danish Bar and Law Society (Advokatnævnet), Kronprinsessegade 28, 4th floor, 1306 Copenhagen K. Email: postkasse@advokatnaevnet.dk.

Complaints may also be submitted through the Disciplinary Board's digital complaint portal.

Further information on complaint options, the Disciplinary Board and the rules of professional conduct is available on the websites of the Disciplinary Board and the Danish Bar and Law Society.

HAY LAW's advice and these terms of business are subject to Danish law.

Any dispute between HAY LAW and a client must be determined under Danish law by the Danish courts.

For business clients, the Court of Frederiksberg is agreed as the forum in the first instance, unless otherwise follows from mandatory rules or is agreed in writing between the parties.

For consumers, the mandatory rules on jurisdiction applicable from time to time apply.