The right to call oneself a lawyer is a protected title according to the Administration of Justice Act, chapter 12 and furthermore lawyers are the only professionals who can represent other persons or legal persons at the Danish courts.
Therefore Danish lawyers must act accordingly with the strict regulation of business conduct for lawyer’s in the Administration of Justice Act § 126, first and foremost according to the Code of Legal Ethics exercised by the General Council of the Danish Bar and Law Society. This regulation however regulates the disciplinary relations for Danish lawyers and have no or very little meaning for the liability assessment.
Bergenser Law Firm has extensive and many years of experience with lawyer’s relations, both with the civil liability at the normal courts, the disciplinary relations at the Disciplinary Board (Advokatnævnet) and at the normal courts and finally lawyer’s criminal liability at the normal courts.
The liability assessment takes its basis in the regular standards for professional liability. The main objective for the assessment is therefore to define what could be described as the normal standard for advisory in a given situation, meaning however not necessarily optimized legal advisory.
A standard problem for lawyer’s liability is to delineate the boundaries of what is part of the lawyer’s commission for solving the client’s legal challenges. Oftentimes it is seen that client’s have unrealistic expectations as to what the legal aid implies, but after the circumstances the lawyer must somehow advice his clients if the client should seek supplementary advisory to the lawyer’s work or make the client aware of the limitations of his legal advisory.
In the concrete liability assessments the important ruling is found in the underlying regulatory basis for the situation in which the lawyer gives his advice. Very often the lawyer operates with other types of professional advisors why an important competence for Bergenser Law Firm is our deep competences in other adjacent advisory to the legal advisory of lawyers including the advisory of banks, accountants, real estate brokers, investment bankers or other types of professional advisors.