for Permin & Tholstrup Law Firm (the “Firm”)
These terms of business (the “Terms of
Business”) apply to any assignment to provide
legal services to any person or entity (a
“Client”) undertaken by the Firm (an
“Assignment”). By instructing the Firm to
undertake an Assignment, a Client shall,
unless otherwise agreed in writing, be deemed
to have agreed to these Terms of Business,
which shall, accordingly, apply to the
Assignment and be binding on the Client.
1. Instructions
Assignments will be carried out by the Firm on
the basis of, and in accordance with,
instructions by the Client, except where such
instructions will or may result in a violation of
law, bar code rules or other regulations
applicable to the Firm, or may otherwise be
inappropriate in each case as determined by
the Firm in its sole discretion.
2. Conflicts of interest
Prior to accepting an Assignment, the Firm will
investigate and determine whether a conflict
of interest exists, which prevents the Firm
from accepting the Assignment.
The acceptance of an Assignment by the Firm
shall not prevent the Firm from undertaking an
Assignment from any other person or entity
within the same industry as the Client.
3. Retainer
The Firm is subject to a duty of professional
secrecy with regard to any confidential
information it may receive in connection with
an Assignment. Such duty of secrecy shall,
however, not prevent the Firm from working
with, and sharing confidential information
with, external partners, provided that the Firm
requires such external partners to treat the
said information as confidential. The duty of
professional secrecy in respect of confidential
information shall continue to apply after the
completion or termination of an Assignment.
Notwithstanding any of the above, the Firm’s
duty of secrecy is subject to any and all
applicable rules and regulations (including
money laundering regulation) pursuant to
which the Firm is required to provide
information to public authorities or others.
5. Staffing
One or more partners of the Firm will be the
primary contact(s) for Clients. The partner in
charge of an Assignment decides whether to
include other partners, lawyers, consultants,
external partners etc. for the purpose of
handling the Assignment.
6. Fees
The Firm’s fees will be calculated and invoiced
as agreed between the Firm and the Client in
respect of the relevant Assignment. If in
respect of an Assignment, no specific fee
arrangement has been agreed, the Firm’s fee
for that Assignment will be determined by the
Firm on the basis of an overall assessment of
the value to the Client of the Firm’s work, the
time spent on the Assignment, the degree of
specialist knowledge required, the complexity
of the Assignment, the values involved and the
potential liability of the Firm related to the
Assignment.
In connection with the undertaking of an
Assignment, the Firm may provide a
prospective Client or Client with a fee
estimate or a quote for a fixed fee. Unless
otherwise stated therein, fee estimates and
fee quotes are exclusive of VAT. When a fee
becomes payable, VAT will, where relevant, be
added to the relevant fee and charged,
together with the VAT exclusive amount.
Unless otherwise agreed, fees will be payable
at the times and with the intervals deemed
suitable by the Firm.
7. Payment terms
Fees shall be paid at the time and in the
manner set out in the relevant invoice. Where
the invoice does not state otherwise, fees
shall be due and payable on the date falling 30
days after the date of the invoice after which
date interest will accrue on any unpaid part
thereof in accordance with the terms set out
in the relevant invoice. Where the invoice is
silent on this applicable interest rate, interest
shall accrue at the rate as determined by the
Firm, subject always to applicable law.
8. Costs and disbursements
The Firm shall not be required to make
disbursements on behalf of a Client.
Costs incurred by the Firm in connection with
an Assignment, including transport costs and
costs associated with anything other than
insubstantial copying or printing assignments
shall be paid or reimbursed by the Client upon
demand.
