General terms and conditions for legal services from Kogstad Lunde & Co

These terms and conditions apply unless otherwise agreed. The Courts of Justice Act, the code of ethics for lawyers, and other rules and guidelines for lawyers also apply.

1. The assignment

The nature and scope of the assignment, as well as information on the lawyer and partner responsible, will be shown on the assignment confirmation. The partner responsible has the primary responsibility for the assignment. The assignment may be transferred to another Kogstad Lunde & Co's lawyers. The work the assignment requires may be executed by another of Kogstad Lunde & Co’s lawyers or by an associate employed by Kogstad Lunde & Co if this is deemed reasonable.

As a main rule the assigned lawyer will work on the assignment until it is completed. Unless otherwise agreed, the client may terminate the assignment at any time. Kogstad Lunde & Co may terminate the assignment if the client does not comply with the lawyer’s advice, fails to pay fees, costs or the advance fee, or fails to reimburse Kogstad Lunde & Co their outlays involved in the assignment. Kogstad Lunde & Co may also terminate the assignment if a situation arises whereby the lawyer has the right or duty to terminate according to the Norwegian Bar Association's rules on Good Practice.

2. Fees, costs and billing

The calculation of fees for work carried out on the assignment is based on the actual and registered time spent working on the assignment. As a main rule the minimum registered time is 15 minutes.

Our guiding rate for assignments billed on an hourly basis is NOK 1,000 to NOK 3,000 (excluding VAT). The hourly rate will depend on the lawyer assigned, the nature and complexity of the assignment, the values and interests involved in the case and the achieved result.

General adjustments of our rates may be made with one month’s notice. Specific rates apply when costs are covered by the government.

The client is obliged to pay the billed fee, including VAT. The client must also pay outlays/costs in addition to VAT.
Before the assignment begins, the client must pay an agreed advance of minimum NOK 10,000. The client is obliged to pay another advance when the fees for work done on the assignment exceed the first advance.

As a main rule, bills will be issued every second month. A final invoice will be sent when the assignment is completed. Kogstad Lunde & Co has the right to settle outstanding fees against the client’s balance in Kogstad Lunde & Co’s client bank account.

3. Free legal aid

If the client believes his or her case qualifies for free legal aid, he or she must make Kogstad Lunde & Co aware of this fact as soon as possible. Kogstad Lunde & Co only accepts free legal aid cases on specific agreement and on a case to case basis.

4. Legal aid insurance

If the client and the assignment are covered by legal aid insurance, Kogstad Lunde & Co’s fees and costs are billed as described in item 2 above. Even when legal aid insurance covers the assignment, the client is responsible for incurred fees, costs and VAT.
The client must inform Kogstad Lunde & Co on his or her own initiative of any legal aid insurance cover that may apply.

5. The outcome of the assignment and incurred legal costs

Even when Kogstad Lunde & Co’s lawyers have given their assessment of the matter, Kogstad Lunde & Co is not responsible if the outcome is different from this assessment. If a legal action does not lead to a result in favour of the client, the client risks liability for the opposing parties' litigation costs as well as his or her own legal fees and costs. The client is obliged to pay such costs.

If the court decides to award the client litigation costs, but with a sum lower than the clients' incurred fees and costs owed to Kogstad Lunde & Co, the client is responsible for the difference.

6. Liability insurance and disclaimer

Kogstad Lunde & Co and its employees are covered by an insurance guarantee and liability insurance.

7. Right to lodge complaints

If the client has objections to the calculation of fees and costs or is dissatisfied with the work done, the case may be brought before the Norwegian Bar Association disciplinary committee. The complaint must be lodged within six months.

The code of ethics for lawyers and information on the disciplinary committee are available on the Norwegian Bar Associations' web sites