TERMS AND CONDITIONS
1. Scope
These terms and conditions govern Lin Advokater AS’ (hereinafter the Company) provision of legal services for its customers.
Any deviating terms that may be agreed in the customer-specific engagement letter take precedence over these terms and conditions.
2. The assignment
The assignment shall be carried out as agreed but may be amended or extended along the way. The Company's assistance covers only legal issues subject to Norwegian law. Related tax and VAT matters are not part of the Company’s services unless this is stated explicitly in the customer-specific engagement letter.
3. Legal fees
The fee is normally determined based on the Company's current hourly rates and time spent working on the assignment. Time recording is based on a minimum of 15 minutes at each work session on the assignment. Upon request, the Company may provide non-binding estimate of what the fee is likely to be and may also keep the customer informed of incurred costs.
The Company's hourly rates are adjusted annually, normally with effect from 1 January. New hourly rates will apply also for ongoing assignments unless otherwise agreed.
Other pricing models may be agreed, such as fixed price or retainer arrangements. The nature of the assignment, including its scope, complexity, the need for specialist competence, the values involved, and the achieved result may be taken into account.
In addition to the fee and, if applicable, expenses (see clause 4), VAT will be added in accordance with the rules in force at any given time. The Company’s fee and its hourly rates are always stated and agreed excl. VAT except in communication with private individuals.
4. Expenses
Any expenses, such as travel, accommodation, and court fees, will be invoiced separately.
Normally, office technical services such as copying and the like are included in the hourly rate, but in special cases where the nature of the assignment involves extensive office technical services, e.g. case extracts to the courts, the costs associated may be added to the fee. If applicable, the customer will of course be informed in advance.
5. Invoicing
Unless otherwise agreed, the Company invoices in arrears after each partial delivery or at the end of each month. For smaller amounts, invoicing may occur less frequently. The Company reserves the right to request advance payment and/or payment on account even if this has not been specifically agreed.
Unless otherwise agreed, the due date is 14 days from the invoice date. If there are questions in connection with an invoice, any undisputed amounts should be paid within due date.
If the invoices are not paid within due date, the Company may
claim late payment interest in accordance with the Act relating to Interest on Overdue Payments (Act of 17 December 1976 no. 100) from due date until payment takes place, with the addition of any collection costs,
interrupt all further work for the customer, and/or
exercise the right of retention in received case documents, files, etc.
6. Insurance and limitation of liability
Each of the Company's lawyers provide mandatory insurance bonds for their legal practices. In addition, each of the Company’s lawyers hold professional indemnity insurance of minimum NOK 5 million.
The liability for the Company, its owners, and employees in connection with an individual assignment is limited to direct and documented financial losses and to the coverage provided under the applicable professional indemnity insurance. The Company, its owners, and employees are not liable for any indirect or consequential loss, including operating loss, loss of profit, loss of goodwill, etc.
7. Professional secrecy
The Company and the individual employees of the Company are subject to a statutory duty of confidentiality.
Unless otherwise is specifically agreed or follows from mandatory law, the Company's customers are deemed to have agreed that confidential information, including any personal information, may be shared with other employees of the Company. If the Company in one specific assignment represents several parties in a community of interest, the Company's customers are considered to have agreed that relevant information, including any personal information, may be shared with the other customer(s) in the same assignment.
8. Personal data
To the extent necessary for the fulfillment of the assignment, the Company will process personal data, including special categories of personal data if necessary. The customer is responsible for ensuring that personal data is transferred to the Company in accordance with applicable privacy legislation. In the further processing of the data, the Company is deemed the data controller.
The personal data will be processed as part of the execution of the assignment, as described in more detail in the customer-specific engagement letter and other instructions from the customer. The processing, including requirements for security, audit, disclosure, and transfer, is carried out in accordance with applicable privacy legislation. The personal data may be transferred and disclosed to other parties, such as counterparties, courts, and public bodies if this is necessary to carry out the assignment or fulfil statutory obligations. Third parties may be established outside the EU/EEA.
An individual whose data is being processed, has the right to access such data, as well as the right to request correction of incomplete or incorrect data, and in certain cases the right to request deletion.
Additional information about the Company’s processing of personal data is provided in the Company's privacy policy available on the Company’s webpage. In case of further enquiries, please contact the Company’s general manager.
9. Communication security by use of e-mail
The Company communicates with the customer and others involved in an assignment in several different ways, including by use of e-mail. E-mail is an effective communication channel, but it also involves the risk that information may get lost. The Company cannot take responsibility for this risk. If the customer does not want e-mail to be used during the execution of an assignment, the customer must notify the Company. Without such notification, the customer is deemed to consent to the Company’s use of e-mail in the execution of the assignments, also when submitting confidential information.
10. Copyright
The Company retains the copyright to all material (documents, files and other copyrighted material) prepared by the Company’s employees in connection with the individual assignments.
The customer acquires the right to use the material for the agreed or intended use, when full payment is made to the Company (in accordance with clauses 3-5).
11. Filing/archiving
Case documents held by the Company, whether received or prepared by the Company, will be kept by the Company for ten years after the completion of an individual assignment. They will then be shredded or deleted without the customer being notified. Upon request, the customer may have its case documents returned at the end of the assignment.
12. The right to complain
The customer is entitled to an assessment whether an assignment has been performed in compliance with the Code of Ethics for Lawyers. The customer may also submit a complaint with respect to the fee. The disciplinary committee may not, however, evaluate the quality of the work.
As a main rule, the closing date for submitting a complaint is six months from the time the customer was made aware, or should have been aware, of the circumstances on which the complaint is based.
The Code of Ethics for Lawyers and more detailed information with respect to the right to lodge complaints, is available at the Norwegian Bar Association’s website www.advokatforeningen.no.
13. Identification controls, etc.
Pursuant to the Money Laundering Act (Act of 11 March 2009 no. 11), a company certificate or a copy of identification documents may be obtained. The information will be stored and deleted in accordance with the provisions of the Money Laundering Act.
In the case of assignments mediated through other than the customer, ordinary statutory identity verification of the customer shall take place, unless the mediator himself is required to report in accordance with the relevant legislation and a written agreement is entered into that the mediator performs identity control of the customer on behalf of the Company.
14. Choice of law, jurisdiction, and dispute regulation
The assignment, the customer-specific engagement letter and these terms and conditions are subject to Norwegian law.
All disputes in connection with the assignment, the customer-specific engagement letter, and these terms and conditions are subject to Norwegian jurisdiction, with Oslo District Court as the exclusive venue. The Company may however, at its own choice, bring an action before the customer's ordinary domicile.
15. Amendment of the terms and conditions
The Company may amend these terms and conditions at any time with immediate effect.
Updated May 2023