Liability, limited liability and insurance
INTERLEX Advokater is responsible for the provided legal counselling in accordance with the general rules under Danish law.
We have malpractice insurance in a recognised insurance company. The malpractice insurance covers all legal activity executed by INTERLEX Advokater – regardless of where the legal activity is executed.
However, client-related liability is limited to a maximum of DKK 123.850.000,00. per assignment. However, a client can highest receive DKK 100 million for claims made or raised within the same or immediately following calendar year.
Where the legal practice provides legal counsel to several clients with common or similar interests in a cohesive case, the legal counsel is considered provided in the same assignment, so that the legal practice’s liability for damages for all of the clients in regards to all of the potential liability claims in connection with the assignment is limited to a total maximum amount of DKK 123.850.000,00. The clients are correspondingly, in relation to the limited liability stated above of DKK 100 million, considered as being one single client.
Our liability does not cover liability for operating losses, loss of time, loss of data, loss of profits, loss of goodwill or indirect losses.
We are not liable for the legal counselling provided by our clients’ other advisors, regardless of whether such advisors are engaged with our legal counsel, just as we are not liable for any errors made by the subcontractors, to whom by agreement with the client, we transferred parts of the assignment for solving.
Effective from 1 June 2015, the former state guarantee for client account funds deposited in the legal practice’s client account became void. Legal practices are not liable for losses that are the result of a financial institution being forced into liquidation.
Unless client funds in accordance with the wishes of the client, are guaranteed in a separate client account, all of the paid client funds are deposited into a pooling account with other client funds, which are guaranteed at INTERLEX Advokater. A client’s deposit in a failing institution, is calculated as the relative share of our total client funds with supplements from the client’s contingent deposits in the failing institution, and covered in total by the state guarantee for deposit, with a maximum of EUR 100,000 (approx. DKK 750,000).
For private house trades, the above amount of EUR 100,000 is extended to cover the amount of up to EUR 10 million on condition that it is the normal arrangement regarding a house trade in the form of for example, deposit, guarantee or similar.
If the client requires that INTERLEX Advokater takes special precautions in relation to the location of any client funds, INTERLEX Advokater must be informed immediately when the relationship with the client is established or when the need arises during the relationship with the client.
In the event of dissatisfaction with the provided legal counselling or with our handling of a case, our clients can always contact either the partner responsible or a member of our executive committee.
We are subject to the rules and regulations that are issued by The Council of the Danish Bar and Law Society. Complaints about our legal counselling and the calculated charged fee can therefore be brought before the Council/Disciplinary Board. The Rules and Regulations governing members of the Danish Bar and Law Society are available at www.advokatsamfundet.dk.
Jurisdiction and Venue
Any disputes between a client and INTERLEX Advokater must be resolved in accordance with Danish law and may only be settled in a Danish court.
Aarhus, June 2019