Terms and conditions
TERMS AND CONDITIONS
All our assignments are based on general terms and conditions, unless otherwise expressly agreed upon. The size of our fee will first and foremost be determined by elapsed time but may vary with the nature, scope and/ or difficulty of the assignment.
All assignments are outlined in a letter of acceptance, which states the assignment’s framework; i.e. agreed prizes, foreseeable expenses, commission advances etc. Our Clients will be given predictability on the merit of costs and ongoing updates regarding the cost development.
All our attorneys may be contacted directly about new assignments, but the assignments will in consultation with the Client be distributed to any one of our employees that presumably has the best qualifications to handle the case in the Client’s best interest. This also applies to inquiries that are not directed to a specific attorney.
Only the firm’s partners and senior associates can accept new assignments. New assignments are always accepted with the assumption that there aren’t conflicts of interests that hinder the assignment. Such questions are sought clarified as early as possible.
The Norwegian Courts of Justice Act § 224 subsection 1 states that lawyers are to conduct their business according to “The Code of Legal Conduct”, as laid out by the Norwegian Bar Association. This means that lawyers shall execute an assignment in a thorough and conscientious manner, in accordance with the Clients best interest and with due proficiency and efficiency. Advokatfirmaet Mørch AS is at all times subject to these ethical rules and principles, and strive to keep a high ethical standard during the execution of its assignments.
Read «The Code of Legal Conduct» here:
For assignments billed by elapsed time the firm has the following prizes: Partners: from NOK 2,500. Senior associates: NOK 2,250 – 2,500. Associates: NOK 1,875 – 2 125. All prices are inclusive VAT.
The prizes may be altered with 30 days’ notice. In addition to the accrued fees, the Client is also obligated to cover all of the firm’s expenses, including court fees and other official costs, costs relating to gathering of documentation as well as transportation- and subsistence costs. The Client may at any time request documentation of the expenses by an inquiry to the firm’s offices. We point out that VAT is billed on top of the expenses. The attorney may choose the form of transportation that overall seems most appropriate.
Value Added Tax (VAT)
According to the Norwegian VAT Act article 6-22 paragraph 1 the supply of services that are entirely for use outside the VAT area shall be exempt from VAT. Furthermore, according to paragraph 2, the supply of services capable of delivery from a remote location shall be exempt from VAT if the recipient is a business or public enterprise resident outside the VAT area.
In a judgment from 2012 the Norwegian Supreme Court ruled that legal services performed in Norway and that applies to Norwegian legal matters can be remotely delivered to a recipient outside the VAT area and are exempt from VAT, but litigation assignments in its entirety, including all preparations, are not exempt. Thus, should this assignment result in litigation, VAT would have to be paid for the entire work under the assignment.
Should the assignment be subject to value added tax, we will invoice this on top of the sum of the services rendered. You will be notified of this in writing and in due time.
Outcome of the Case
Though we may render an opinion concerning the outcome of the case, we have no legal responsibility for this outcome being reached. In the event of a case being lost, the Client may risk being obligated to pay the other party’s expenses and court fees. The liability rests solely on the Client. Where a Client is rewarded expenses in a legal ruling, but to a lesser sum than our fees, the Client will be responsible for the remainder.
Liability and Insurance
Under Norwegian law attorneys are obligated to have liability insurance for coverage of liability incurred during execution of an assignment. Advokatfirmaet Mørch’s principal attorneys have the required insurance. Any liability is confined to the upper limit for each attorney’s liability insurance.
Duty of Confidentiality and Discretion
Advokatfirmaet Mørch AS is bound by law to treat information that is imparted to us with the utmost professional confidentiality. Information that is not governed by obligation of secrecy is treated with discretion. All employees have signed confidentiality agreements. By signing the letter of acceptance we consider the Client in acceptance with the firms’ right to obtain necessary information pertinent to the assignment. The Client further accepts that the firm treats and registers personal and confidential information when it is necessary for the execution of the assignment. The Client may get more detailed information about this by a request to our offices. Some or all of the information may be sensitive. This will be treated in accordance with the utmost delicate care and confidentiality in accordance with Norwegian laws and regulations. In addition to the principal attorney, some of the information may also be accessible to other employees when it is necessary for the execution of the assignment.
The Client’s obligations
Under the principle of due execution of the assignment it is essential that the Client gives us all the pertinent information and submit all pertinent documentation. The better the case is prepared and clarified, the more efficient we will be able to work. This may also affect the size of our fee. All inquiries to and from the opposing party must go via the firm, and the Client must notify us immediately about any direct inquiries from the opposing party or its legal representation. The Client will also be sent copies of all correspondence relating to the case, unless otherwise agreed upon.