These special terms and conditions apply to the relationship between BDO Advokater AS (referred to here as "us" or "BDO") and the Client.
For forensic services performed by BDO Advokater AS or BDO AS's lawyers and jurists, Chapter 22 (Special Terms and Conditions for Advisory Services) of these Terms and Conditions also applies.
In connection with providing legal services, we will provide advice on legal matters under Norwegian law.
Unless otherwise specifically agreed, we do not provide legal advice on foreign law.
In any event, we are not liable for the results or outcomes of processes, transactions or other matters to which our legal advice is related.
In order for BDO to perform the Engagement in the best possible manner, the Client must provide all relevant information. It is the responsibility of The Client that the information we receive is correct and complete.
In court proceedings, the Client may be ordered to cover the fees of the opposing party and any court fees if the Client loses. The same applies in arbitration, where the Client may also be ordered to pay the arbitration tribunal's fees and other expenses. It is the sole responsibility of the Client to cover such claims.
If our fees and expenses in connection with court proceedings exceed any amount awarded by the court, the Client will nevertheless be obliged to pay them in their entirety.
Prior to accepting an Engagement, we will check whether there is a conflict of interest or dual representation with respect to another client. Should this be the case, we may be prevented from accepting the Engagement.
We will adhere to the Norwegian Code of Conduct for Lawyers but reserve the right to base our decisions on stricter assessment criteria as to whether a conflict of interest or dual representation issue exists.
It is important that the Client before and during the Engagement provides us with all information that may be relevant for determining whether a conflict of interest exists or may arise.
It may be necessary to conduct a new conflict check if the scope of the Engagement is expanded, as our conflict check only encompasses the Engagement as outlined in the Engagement Agreement.
Funds which we hold on behalf of our clients will be placed in a client account at a financial institution authorised to conduct such activity in Norway, in accordance with applicable Norwegian law. We will not assume any liability for loss or damage resulting from insolvency, bankruptcy or other damaging conditions at financial institutions where client funds are deposited.
As a general rule, the Client's communication to and from opposing parties should be cleared with us or go through us. We and the Client will keep each other mutually informed about significant communication that takes place between involved parties.
The Engagement is concluded when the Engagement, as described in the Engagement Agreement, has been completed.
We may suspend our work if there are reasonable grounds not to continue the Engagement. Reasonable grounds include but are not limited to; that the Client has failed to pay or does not upon request pay a retainer or provide security for our fees and expenses, that a conflict of interest arises, that the Engagement is in breach of binding legal rules or the Norwegian Code of Conduct for Lawyers, or that it might expose us to legal liability if we continue our work on the matter or as otherwise stated in the Norwegian Code of Conduct for Lawyers. Irrespective of this, the Client will be liable for our fees and expenses for work performed up until the conclusion of the Engagement.
See Section 17 of the Terms and Conditions.
If the Client believes that an Engagement has been carried out in breach of the Norwegian Code of Conduct for Lawyers or wishes to complain about the size of our fees, it is possible to complain to the Norwegian Bar Association's disciplinary committee. As a general rule, the quality of work cannot be assessed by the disciplinary bodies.
As a main rule a complaint to the disciplinary committee must be filed within 6 months.
The deadline runs from the time the person filing the complaint became aware or should have become aware of the circumstances on which the complaint is based. The complaint will be considered by the Norwegian Bar Association's regional disciplinary committee. A decision from the disciplinary committee may be appealed to the Disciplinary Board within three weeks.
The Norwegian Code of Conduct for Lawyers and furth- er information about filing a complaint can be found on the website of the Norwegian Bar Association at www.advokatforeningen.no .