(1.) We will strive to safeguard the client’s interests in the best possible way. Assignments will be performed in accordance with our quality assurance routines and otherwise in accordance with the Norwegian Bar Association and the Norwegian Bar Association’s fee guidelines.
(2.) Our internal case processing routines will apply to the assignment. The elements in these that are of significant interest to the clients are stated in the points below.
(3.) Before an assignment is established, it will be clarified whether there is a conflict of interest or other circumstances that mean that the company cannot or should not undertake the assignment. The same is done in established assignments if new counterparties enter the case.
(4.) If the interests of the client so require and it is unquestionable, the work may be commenced before the clarification has been completed. A reservation will then be made to the client that the clarification of the conflict of interest has not been completed, and that this may lead to the assignment being terminated.
(5.) In connection with the establishment of the assignment, the identification check that follows from the Money Laundering Act will also be carried out.
(6.) In Advokatfirma Mæland & Co AS in office together with lawyer Steinar B. Yndestad, the following categories of employees work who perform work for clients:
– Attorney Steinar B. Yndestad
– Attorney Professor Dr. Juris Henry John Mæland
– Lawyer Mats Mæland
– Attorney Julie C. Riska
– Attorney Mari Karoline Mellingen
– Associate Øyvind H. Lerring
(7.) For all assignments, there must be a lawyer responsible for the case. All work is performed under the responsibility of the lawyer responsible for the case. The solicitor in charge of the case will ensure that the work is carried out in the most optimal way for the client, and including assessing whether parts of the assignment should most appropriately be carried out by an office worker or employed solicitor, associate, solicitor or secretary.
(8.) If the client has special wishes about which lawyer will carry out the assignment, this will normally be taken into account. In other respects, it is our goal that the work is carried out in the most optimal way possible for the client.
(9.) If the assignment is significantly extended at a later date, in relation to what was originally agreed, we will be able to send written confirmation of this.
(10.) For assignments that are to be invoiced after the elapsed time, the company has the following ordinary hourly rates:
NOK 1,600 – 3,000 excl. VAT / NOK 2,000 – 3,750 incl. VAT
Specified hourly rates are sent on request for assignments when we have information for assessment of the assignment.
(11.) A particularly higher price is agreed for working hours in certain cases with a court hearing during the main hearing, in cases involving large values, and in more difficult / complicated cases where our lawyer has high competence and / or is particularly efficient.
(12.) Cases that comply with the rules for free legal aid follow these rules.
(13.) The minimum unit of time is 0.25 hours or 15 minutes.
(14.) Prices are subject to change with 14 days notice.
(15.) The fee shall be in reasonable proportion to the assignment and the work performed.
(16.) Normally, the client pays the agreed advance before work is started.
(17.) Unless otherwise agreed, the assignment will be invoiced after the elapsed time. The hours spent as well as any direct expenses will normally be invoiced on account per month, quarterly or semi-annually. Larger disbursements can be re-invoiced as soon as the disbursement has taken place.
(18.) All invoices are net per. 14 days. In the event of late payment, default interest accrues in accordance with the provisions of the Default Interest Act.
(19.) With each invoice, a specification of the work will be sent stating which work has been performed during the period. The total number of hours covered by the invoice will also appear, as well as the number of hours for the individual main elements in the assignment if the client has requested it.
(20.) Expenses are charged to the client without surcharge. The client is responsible for expenses incurred in connection with the assignment. If disbursements exceed NOK 10,000, – it must be clarified with the client before they are incurred, unless the cost estimate is mentioned in the assignment letter or is necessary to ensure the client’s interests and the client’s consent can not be obtained in advance. It is pointed out that re-invoicing of disbursements will normally result in VAT on the disbursement.
(21.) Certain cases may be covered by legal aid insurance. This is stated in your insurance policies. It should be investigated whether this is relevant, and in that case the insurance company must be notified as soon as possible. Unless otherwise agreed, you must notify the insurance company yourself.
(22.) Our work will be settled against you according to the agreed fee calculation principles. You can demand that the fee is covered by the insurance company according to the terms of the policy, with the exception of the deductible. We would like to emphasize that our fee is not limited to the amount that the insurance company is willing to cover. As our client you are fully responsible for our fee claim.
(23.) The better the case is clarified and prepared by the client, the more efficiently we will be able to work. This will have an impact on the size of the fee.
(24.) In cases where there is a dispute, all inquiries to and from the other party must go through us, and the client must notify us immediately of any direct inquiries from the other party or the other party’s lawyer. The client will receive copies of all correspondence from and to our office in the case. These should be stored, as need of later copying of correspondence etc. will entail costs that are invoiced to the client.
(25.) Even though we have stated our opinion of what the outcome of the case may be, this does not mean that we have any legal responsibility for achieving this result.
(26.) If a lawsuit is lost, the client may risk being ordered to cover the other party’s legal costs and to cover the court’s fee. This is the client’s own responsibility.
(27.) If a court decision ends with the client being awarded legal costs, but the amount is set lower than the fee we have demanded / will demand from the client, the client will still be responsible for our fee claim.
(28.) Lawyers have a duty of confidence and confidentiality for the information they receive in the case, with the exceptions stated in law (for example the Money Laundering Act). All employees have authorized access to the information, and have signed a written declaration of confidentiality. Unless otherwise agreed, information will be discussed internally among the lawyers to ensure the quality of the advice and assessments that are made. A lot of the information will be personal information. This information will be processed in accordance with the requirements in the Personal Data Act.
(29.) Rules for Good Legal Practice and further information about the appeal scheme can be found on the Norwegian Bar Association’s website.
(30.) We inform you that for the legal profession there are certain requirements for security and liability insurance to cover liability that incurs during the practice of the legal profession.
(31.) As of today, the minimum liability coverage for Norwegian lawyers is NOK 5 million. Lawyer Mats Mæland has extended liability coverage to NOK 20 million. If the client wants higher liability coverage than that stated in our limitation of liability, this can be agreed separately. Should there exceptionally be a need for higher liability coverage than NOK 20 million, costs for premium increases will be charged to the client for the individual assignment.
(32.) Unless otherwise specifically agreed, the following limitation of liability applies:
Neither Advokatfirma Mæland & Co AS nor lawyer Steinar B. Yndestad or any individual employee, lawyer / attorney shall under any circumstances be liable for indirect losses or consequential losses, and any liability for direct losses shall be limited to the higher of (a) 10 times Advokatfirma Mæland & Co AS or lawyer Steinar B. Yndestad’s fee for working with the case and (b) the minimum liability coverage for Norwegian lawyers.
(33.) Choice of law
This confirmation of assignment and all matters related to the assignment, including any liability issues, shall be subject to Norwegian law.
(34.) The deadline for appealing the fee calculation is one month from the invoice date.
(35.) Any legal dispute shall be resolved by arbitration in accordance with the rules of the Arbitration Act. The arbitral tribunal’s proceedings and the arbitral tribunal’s decision are subject to a duty of confidentiality.
(36.) Updated terms per. 07.04.22