Assignment Conditions

1. Client – Contractor

The client (hereafter the “Client”) is defined as any person who has contacted Ræder Bing advokatfirma AS (hereafter “Ræder Bing” or the “Contractor”). When such an enquiry is made on behalf of a legal person/company, the person making the enquiry assures that he/she retains all necessary authorisations and that necessary information will be communicated within his/her own organisation. Unless otherwise agreed, Ræder Bing will communicate with the person who has contacted Ræder Bing on behalf of the Client. Unless clearly stated otherwise in the confirmation of assignment, Ræder Bing reserves the right to contact the Client's management in connection with the matter, if necessary without prior notice to the person who initially contacted Ræder Bing.

As part of setting up a new assignment, a customer and identification check will be carried out in accordance with the Anti-Money Laundering Act and related regulations. Ræder Bing is also required to conduct ongoing know-your-client (KYC) checks. All clients must cooperate with the conduct of such customer checks, and should note that Ræder Bing may have to refuse an assignment if it is unable to perform satisfactory customer checks. Clients should also note that Ræder Bing has a duty to notify Økokrim (the Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime) without notifying the Client or third parties if Ræder Bing suspects that a transaction involves proceeds of crime, etc.

Ræder Bing also has an obligation to comply with the rules on sanctions applicable at any given time, including the Sanctions Act and related regulations. The Client should note that Ræder Bing may have to refuse to establish a customer relationship or refuse to carry out work if doing so would violate applicable sanctions.

Ræder Bing routinely performs credit checks when setting up new client relationships.

2. The assignment

The assignment comprises and is limited to what is described in the separate confirmation of assignment  issued to the Client by Ræder Bing. Material additions or changes will be confirmed in writing by Ræder Bing.

Unless otherwise agreed, these terms of engagement will also apply to further assignments for the Client.

Ræder Bing's goal and commitment is to achieve optimal protection of the Client's interests within the framework set out by the confirmation of assignment, these terms of engagement, the Courts of Justice Act, the Legal Practitioner Regulations, the Code of Conduct for Lawyers, Ræder Bing’s own administrative procedures and other relevant rules and regulations.

All lawyers and associates working for Ræder Bing are licensed or authorised to practice law in Norway by the Supervisory Council for Legal Practice. The assignment relates only to Norwegian law. All lawyers and associates are members of the Norwegian Bar Association, and are thus subject to special decisions and programmes of the Norwegian Bar Association concerning mandatory continuing legal education and the handling of disciplinary complaints.

The Client will be provided with copies of all correspondence relating to a matter. All petitions to the  conciliation board, complaints and draft agreements/contracts will also be sent to the Client for prior approval. Unless specifically agreed, this does not apply to drafts of outgoing correspondence. The Client will be informed of progress on execution of the assignment, and will be notified separately if execution of the assignment is delayed compared to originally envisaged progress. All communications to and from the opposing party must be cleared with or go through Ræder Bing. The Client and Ræder Bing must keep one another updated on communications between the involved parties.

3. Lawyer in charge

The Ræder Bing lawyer  in the confirmation of assignment is responsible to the Client for execution of the assignment. The lawyer in charge will also be the lawyer in charge pursuant to section 232, first paragraph, of the Courts of Justice Act of 24 June 1915 No. 5. Ræder Bing reserves the right to appoint other Ræder Bing partners, lawyers, associates and legal assistants/trainees to assist the lawyer in charge when this is deemed appropriate from a professional, financial or capacity perspective.

4. Follow-up/availability – registration of personal data

Ræder Bing will execute the assignment in a manner that is appropriate from a professional, financial and time perspective. To ensure optimal protection of the Client's interests, Ræder Bing is dependent on and expects the Client to provide complete and prompt information on the facts of the matter and the outcome the Client wishes to achieve.

Personal data is processed in accordance with applicable data protection legislation. For further information on Ræder Bing’s processing of personal data, please see the firm’s privacy statement at https://www.raederbing.no/personvernserklaring/, or send us an email to privacy@raederbing.no.

5. Use of external assistance

Ræder Bing’s duty of confidentiality to the Client does not prevent the disclosure of information about the matter to other Ræder Bing lawyers/employees. Ræder Bing will not use external resources to execute the assignment without the prior agreement of the Client. When external resources are utilised, Ræder Bing expects the Client to release Ræder Bing from its duty of confidentiality to the extent necessary. Ræder Bing also expects the Client to release Ræder Bing from its duty of confidentiality if enquiries have to be made of third parties as part of executing the assignment.

When information about the matter is provided to external parties as described above, Ræder Bing will emphasise the importance of discretion to the person(s) concerned.

6. Conflicts of interest

Before an assignment is set up, an attempt will be made to ascertain whether a conflict of interest or other circumstances indicate that Ræder Bing may not or should not accept the assignment. The Client must facilitate such clarification, hereunder by providing documentation in accordance with the Act relating to a register of beneficial owners. The same assessment is undertaken for existing  assignments when new parties join a matter. If the Client's interests so require and it is deemed reasonable to do so, work on an assignment may commence before the clarification process has been completed. If information which emerges after Ræder Bing has accepted an assignment creates a conflict of interest with other Ræder Bing clients or business connections, Ræder Bing may resign from the assignment without stating any reason other than that a conflict of interest has arisen.

7. Newsletters, etc.

The Client will regularly receive information from Ræder Bing in the form of newsletters, invitations to seminars and client events, client publications, etc. by email, post and other relevant communication channels. By accepting these terms of engagement, the Client also agrees that such information, etc. may be sent to the Client’s specified contact person for the assignment, by email. The Client may opt out of receiving such emails at any time by notifying Ræder Bing in accordance with section 4.

 8. Calculation of fees

Ræder Bing will calculate a fee based on one of the following models:

8.1.        Post-completion discretionary fee calculation based on time spent, specialised knowledge, very short deadlines, the assignment outcome and other circumstances.

8.2.        Fee calculation based on a fixed hourly rate and registration of time spent.

8.3.        Agreed fixed fee for the assignment.

Statutory value added tax will be calculated on the fee; see section 10. The hourly rate is subject to annual adjustment. The hourly rate is updated as of the date a Ræder Bing fee earner receives a new job title.

The lawyer in charge will calculate the final fee on a discretionary basis by reference to the nature and complexity of the work, the matter outcome and how efficiently the assignment has been executed, taking into account the lawyer's experience and specialist expertise.

Registration of time spent involves registration of actual time spent, rounded up to the nearest 15 minutes. A minimum of 15 minutes is recorded for telephone calls, excluding short messages. The Client agrees to pay fees and costs linked to assistance provided by Ræder Bing regardless of outcome.

If a matter is submitted for hearing by the courts or a court-like body, the losing party will generally have to reimburse the opposing party's legal costs. If the case is won in full, the opposing party will generally be ordered to reimburse the costs in whole or in part. If the court does not order the opposing party to reimburse costs in full, Ræder Bing will still claim reimbursement of all costs incurred in the case. Ræder Bing will claim fees regardless of the outcome. When a case falls under the provisions of the Dispute Act on small-claim proceedings, the fee claim against the opposing party following the issuance of a court decision is capped at 20% of the amount in dispute. Ræder Bing will seek to tailor the time spent to the scope of the matter, but will also claim agreed fees in small-claim cases regardless of outcome. Ræder Bing’s fee claim against the Client is not limited by statutory limitations on the Client's right to claim reimbursement of judicial assistance costs from the opposing party. Such limitations apply, for example, to matters before the conciliation board and small-claim proceedings.

9. Direct costs

Direct costs incurred in connection with the performance of an assignment, such as paid fees, payments for expert opinions, and travel, accommodation and subsistence costs, will be charged to the Client in addition to the fee. The same applies to expenses such as copying, postage, courier services, etc.

Value added tax may be levied on re-invoiced disbursements.

10. Invoicing

Unless otherwise agreed, invoices for performed work and incurred costs are generally issued monthly; see sections 8 and 9. Completed assignments are invoiced at the end of each assignment. Invoices for provided assistance are accompanied by a specification of performed activities and incurred costs. Costs incurred with respect to travel, etc. may be invoiced as they arise. Costs related to paid fees, etc. may be invoiced in advance. All invoices are payable within 10 days and are subject to value added tax, currently levied at the rate of 25%.

In the event of late payment, penalty interest will accrue in accordance with the provisions of the Interest on Overdue Payments Act, and all such outstanding payment claims would be forwarded to a collection agency. Case documents may be withheld as security for unpaid fees. In the event of non-payment, the Ræder Bing  lawyers may discontinue further work. Ræder Bing accepts no liability for any loss of legal rights resulting from such a discontinuation of service.

The Client may be asked to provide security for future fees in the form of a payment into Ræder Bing’s client account. The deposited security payment will be credited upon completion of the assignment.

11. Client account

When funds are deposited into Ræder Bing's client account, Ræder Bing guarantees placement of the funds in Ræder Bing's bank, and the handling of the funds as client funds, but cannot guarantee the bank’s solvency.

12. Legal Aid

Certain cases may be covered by legal aid insurance. The Client must provide Ræder Bing with all information needed to assess the coverage afforded by the insurance agreement. The Client is responsible for any own-risk deductible or difference between Ræder Bing’s fee claim and the amount covered by the insurance company. Subject to agreement, Ræder Bing will investigate the Client's options for coverage of legal expenses through the Client's own insurance policies or public legal aid. This is conditional on the Client providing necessary information on its insurance and financial circumstances. Ræder Bing is entitled to payment of fees by the Client, regardless of whether such insurance coverage exists. Ræder Bing is also entitled to payment of fees beyond any sums covered by private legal aid schemes or deemed to be reasonable and necessary expenses by insurance companies.

Pursuant to the Act relating to free legal aid, in certain cases the Client may be entitled to legal assistance paid for by the public administration (free legal aid). Certain matters always qualify for free legal aid, while other matters require that the Client's income does not exceed a specified amount. Further information about free legal aid can be obtained from the county governor or Ræder Bing. Clients are urged to raise the question of free legal aid coverage with the lawyer in charge for specific consideration.

13. Rights to materials

Ræder Bing holds the copyright to all materials prepared in connection with an assignment. Ræder Bing and its lawyers retains the exclusive right to copy and, if relevant, make such materials available to the public that are not subject to  confidentiality obligations. Any use of materials by the Client requires a separate agreement. The Client is permitted to use materials to the extent necessary to fulfil needs which the Client has notified to Ræder Bing in connection with the assignment.

14. Responsibility for outcome/follow-up

Ræder Bing will perform the assignment to the best of its ability and in accordance with the Code of Conduct for Lawyers. Ræder Bing and/or the lawyer in charge provide no guarantee that execution of the assignment will secure the outcome expected by the Client. Ræder Bing is entitled to its fee regardless of the outcome of the matter; see also section 8.

Once an assignment as described in a confirmation of assignment has been completed and/or concluded, Ræder Bing will have no further responsibility for follow-up of any matter on behalf of the Client until a new assignment is given and a related confirmation of assignment is issued.

15. Limitation of liability

15.1      Ræder Bing is liable in accordance with the general rules on the professional liability of lawyers, and is covered by the statutory security requirement applicable to providers of legal services, which applies without geographical limitation. Ræder Bing’s insurance covers the provision of security as a lawyer and as a real estate agent, as well as professional liability insurance for the practice of law and real estate agency activities. The name of Ræder Bing’s insurance company is available on request.

15.2 Ræder Bing's liability to the Client or third parties in connection with the assignment is limited to documented economic losses, where the total and maximum liability is capped at NOK 10,000,000 regardless of whether liability is based on contractual damages or general liability in damages.

15.3 Unless otherwise agreed, an assignment does not encompass advice on the tax and duties associated with the matter in question.

15.4 Ræder Bing bears no liability for indirect losses, including lost profits and/or loss of opportunity.

15.5 Ræder Bing bears no liability for errors committed by external advisors recommended by Ræder Bing or sub-contractors to whom Ræder Bing has entrusted parts of the execution of the assignment pursuant to an agreement with the Client.

15.6 Ræder Bing bears no liability for any loss resulting from the outcome of the matter not being in accordance with Ræder Bing’s prior assessment of the possible matter outcome.

15.7 Ræder Bing bears no liability for loss of managed client funds resulting from bankruptcy or other circumstances under the control of its bank. The Client should note that the Norwegian Banks' Guarantee Fund does not guarantee more than NOK 2 million in deposits per depositor (law firm) per bank. Ræder Bing will only implement measures to increase the degree of guarantee cover for the Client's funds if specially agreed with the Client.

16. Complaints

The Client may submit a complaint to the Norwegian Bar Association requesting assessment of whether an assignment has been executed in accordance with the Code of Conduct for Lawyers.

If the parties fail to reach agreement, a complaint may be submitted in writing to Ræder Bing’s Managing Partner, who is the firm’s senior quality manager. If a complaint concerns the Managing Partner, it should be submitted to the chair of Ræder Bing’s board of directors.

Complaints may also be submitted directly to the Norwegian Bar Association’s regional Disciplinary Committee for Oslo. The deadline for submitting a complaint is generally six months. This period runs from the date a complainant became or should have become aware of the circumstances on which the complaint is based. Complaints are initially processed by the Norwegian Bar Association's regional Disciplinary Committee for Oslo. The Disciplinary Committee’s decision may be appealed to the Disciplinary Board.

The Code of Conduct for Lawyers and further information on the complaints procedure can be found on the Norwegian Bar Association's website, at www.advokatforeningen.no/disiplinarsystemet/.

17. Dispute resolution

Any dispute between the Client and Ræder Bing shall be governed by Norwegian law and be sought resolved by a mediator appointed by Oslo District Court. If the dispute cannot be resolved through mediation, the parties adopt Oslo District Court/Oslo Conciliation Board as legal venue for the dispute.

18. Termination of the assignment

The assignment is deemed to have been completed when the assignment described in the confirmation of assignment has been concluded. In the event of disagreement between the Client and Ræder Bing regarding execution of the assignment, or in the event of a dispute between the Client and Ræder Bing on other grounds, Ræder Bing may withdraw from the assignment with immediate effect. However, Ræder Bing will perform actions which cannot be postponed without the Client suffering a loss of legal rights.

Insofar as possible, Ræder Bing will inform the Client that it has withdrawn from the assignment before this fact is communicated to any third party.

19. Revision of the terms of engagement

Ræder Bing’s ordinary terms of engagement are normally revised once a year, and otherwise if a special need to do so arises.

Ræder Bing’s standard terms of engagement are available on its website, at www.raederbing.no.

Oslo, 1 October 2023