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Conditional Fee Agreement Template for Denmark

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Key Requirements PROMPT example:

Conditional Fee Agreement

Document background
This Conditional Fee Agreement template is designed for use in the Danish legal market where success fee arrangements, while permitted, must be carefully structured to comply with local regulations. The document is typically used when a client and law firm wish to align interests by linking part of the legal fees to the outcome of a matter, such as in litigation, arbitration, or other significant legal proceedings. It includes comprehensive provisions on fee calculation, success criteria, risk allocation, and payment terms, all tailored to comply with Danish law requirements. The agreement is particularly relevant in cases where traditional hourly billing may not suit the client's needs or where risk-sharing between attorney and client is desired, while staying within the boundaries of what is permissible under Danish professional conduct rules.
Suggested Sections

1. Parties: Identification of the attorney/law firm and the client, including full legal names, addresses, and registration numbers

2. Background: Context of the legal matter and purpose of the conditional fee arrangement

3. Definitions: Key terms used in the agreement, including 'Success', 'Base Fee', 'Success Fee', and 'Costs'

4. Scope of Services: Detailed description of the legal services to be provided and the specific matter being handled

5. Fee Structure: Explanation of the conditional fee arrangement, including base rates, success fee calculation, and payment conditions

6. Success Criteria: Clear definition of what constitutes 'success' for the purpose of triggering the success fee

7. Costs and Disbursements: Treatment of court fees, expert costs, and other disbursements

8. Billing and Payment Terms: Timing and method of billing, payment obligations, and handling of disbursements

9. Client Obligations: Client's responsibilities including providing information and cooperation

10. Professional Obligations: Attorney's professional duties and compliance with Danish legal ethics

11. Termination: Circumstances and procedures for ending the agreement, including fee implications

12. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes

Optional Sections

1. Third Party Funding: Required if external litigation funding is involved, detailing the funding arrangement and its impact on the fee structure

2. Insurance Coverage: Include when legal expenses insurance is relevant to the matter

3. Multiple Party Provisions: Required when representing multiple clients in the same matter

4. Conflict Resolution: Optional detailed dispute resolution procedure, including potential mediation steps

5. Assignment: Include if there's a possibility of assignment of rights or obligations

6. Confidentiality: Detailed confidentiality provisions when handling sensitive commercial matters

Suggested Schedules

1. Fee Calculation Schedule: Detailed breakdown of base fees, success fee percentages, and calculation examples

2. Scope of Work: Detailed description of the legal services and specific deliverables

3. Client Care Information: Standard information about client care and complaints procedures

4. Power of Attorney: If required for specific actions on behalf of the client

5. Risk Assessment: Analysis of case prospects and associated risks affecting the fee arrangement

Authors

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Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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