General terms and conditions
1. THE ASSIGNMENT AGREEMENT
1.1 The confirmation of assignment and the general terms and conditions
The general terms and conditions supplement the confirmation of assignment and together constitute the assignment agreement.
1.2 Contract party
The Client's contracting party is the lawyer responsible for the case, who is affiliated with Kristensen Advokatfirma DA (hereinafter referred to as Kristensen) with organization number 981 682 378.
1.3 Hourly rates
Our hourly rates in 2024 are around NOK 3,500 - 4,000 ex VAT. The final hourly rate follows from the assignment agreement.
2. ESTABLISHMENT OF THE ASSIGNMENT
2.1. Conflict of interest
Before an assignment is established, it will be clarified whether there is a conflict of interest or other circumstances that mean that Kristensen cannot undertake the assignment.
2.2. Identity check
Kristensen is subject to the Norwegian Money Laundering Act. In connection with the establishment of the assignment, identification checks will be carried out in accordance with the Money Laundering Act and Kristensen's written procedures.
3. IMPLEMENTATION OF THE ASSIGNMENT
3.1. Agreement, law and regulations
The assignment will be performed as agreed, in accordance with applicable legislation, the Lawyers' Regulations and good legal practice.
3.2. Lawyer in charge of the case
The confirmation of assignment appoints a lawyer in charge of the case. All work is carried out under the responsibility of the lawyer in charge of the case. The lawyer responsible for the case may make use of other lawyers in Kristensen, even if this is not specified in the confirmation of assignment.
3.3. Provision of information to Kristensen
In order for Kristensen to provide the best possible assistance, it is important that the client provides Kristensen with all relevant information.
3.4 Advice and litigation within Norwegian law
Kristensen is only qualified to assist in Norwegian legal matters.
3.5 Changes to the assignment
The assignment may be changed along the way. If the assignment is significantly expanded, Kristensen will issue a revised assignment confirmation.
4. FEES AND EXPENSES
4.1. The framework for fees and reimbursement of expenses
Kristensen follows the lawyers' regulations and the Norwegian Bar Association's fee guidelines when calculating fees.
4.2. Fee determination at fixed price
Fixed price is based on the nature, size, complexity and need for specialist expertise of the assignment. The fixed price can only be changed by a revised assignment confirmation.
4.3. Fee determination based on time spent
The assignment confirmation sets the hourly rate for assignments that are invoiced based on time spent. The hourly rate is based on the nature and complexity of the assignment and the need for specialist expertise.
If the confirmation of assignment contains a cost estimate for all or part of the assignment, it is an estimate based on the information received. Changes to the estimate in excess of 15% require a revised confirmation of assignment.
4.4. Disbursements
All disbursements and costs incurred in connection with the assignment are charged to the client in addition to the fee. Disbursements are cleared in advance with the client unless they are a necessary and consequential part of the case, such as court fees, appeal fees and registration fees, etc. All disbursements are invoiced without surcharge.
4.5. Value added tax
In addition to fees and disbursements, value added tax will be added in accordance with the applicable rules at any given time.
5. PAYMENT TERMS
5.1. Invoicing procedures
Kristensen invoices digitally, in arrears, and an invoice specification is included. The payment deadline is 14 days from the invoice date.
5.2. Advances and payments on account
Kristensen is entitled to demand an advance or payment on account at any time, even if this has not been specifically agreed or is not stated in the order confirmation.
5.3. Default of payment
In the event of default of payment, Kristensen may:
i. charge interest on arrears and collection costs, and
ii. cancel the assignment and withhold case documents.
5.4 Public legal aid and legal aid insurance
In accordance with the rules of good legal practice, we will inform the client of existing opportunities for public legal aid and legal aid insurance. The client is obliged to contribute to obtaining coverage under public legal aid and legal aid insurance.
6. CLIENT ACCOUNTS
Kristensen accepts money that we hold on behalf of our clients. Money that we hold on behalf of our clients will be placed in a client account in accordance with applicable Norwegian legislation.
7. CONFIDENTIALITY
In accordance with the law and regulations, Kristensen has a duty of confidentiality for the information they receive in the case.
The duty of confidentiality does not prevent confidential information, including personal data, from being shared with employees of Kristensen unless otherwise required by mandatory legislation.
In statutory cases, we are required by law to report suspected money laundering and terrorist financing to the appropriate authorities.
Nor does the duty of confidentiality prevent us from providing information to our bank about the identity of beneficial owners (in practice, the names of the clients) with funds deposited in our client account at the bank's request in accordance with section 4-8 of the Money Laundering Regulations.
Kristensen has the right to disclose that we have acted on behalf of the client in matters that are publicly known, provided that Kristensen does not provide information that is not publicly known.
8. PERSONAL DATA
Personal data is processed in accordance with the requirements of data protection legislation. A copy of our privacy policy is available on request and is available at www.kristensen.no. Go directly to the privacy policy in the hyperlink on the front page of the website.
The client is responsible for ensuring that the transfer of personal data to Kristensen takes place in accordance with data protection legislation. After receipt, Kristensen is responsible for the further processing of the personal data.
When necessary for the performance of the assignment or to fulfill statutory obligations, the personal data Kristensen has received may be transferred to others, such as courts, counterparties, partners and public authorities, regardless of whether they are established outside the EEA.
9. COMMUNICATION SECURITY WHEN USING EMAIL
Kristensen uses the SSL/TLS standard for email. The use of other types of encryption must be agreed separately. The Client accepts that Kristensen's email communication takes place using email with SSL/TLS encryption. If the recipient or sender does not have SSL/TLS, Kristensen is not responsible for reduced security.
10. ARCHIVING
Case documents are normally only stored in electronic form.
Case documents are shredded or deleted 5 years after the date of the last fee payment. Archiving beyond this must be agreed. Kristensen's digital archive is encrypted and uploads and downloads are encrypted with SSL/TLS. The lawyer responsible for the case archives the client's case documents in their exclusive area without others having access.
11. COPYRIGHT
Kristensen retains the copyright to copyrighted material prepared by Kristensen Berg in connection with the assignment, but the client is entitled to use the documents for the purposes for which they are intended.
12. COMPLAINTS
It is possible to have an assessment made of whether the assignment has been carried out in accordance with good legal practice. It is also possible to appeal if the client is dissatisfied with the size of the fee. The quality of work cannot generally be assessed by the disciplinary bodies.
As a general rule, there is a 6-month time limit for appeals. This runs from the time the complainant became or should have become aware of the circumstances on which the complaint is based. The complaint is dealt with by the Norwegian Bar Association's regional disciplinary committee as the first instance. The decision of the disciplinary committee may be appealed to the Disciplinary Board.
The Code of Conduct and further information about the complaints procedure can be found on the Norwegian Bar Association's website www.jus.no under Advice and legal aid.
13. RESPONSIBILITY FOR EXTERNAL ADVISORS
Kristensen is not responsible for the performance of assignments or advice by external advisors, regardless of whether Kristensen has recommended or discussed the choice of external advisors with the client. This applies even if, for practical reasons, it is agreed that the external advisor sends an invoice to Kristensen.