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8 - Denmark

Published online by Cambridge University Press:  05 June 2013

Lars Bo Langsted
Affiliation:
Professor of Law, Aalborg University
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Summary

Preliminary note

In Denmark, lawyers who are admitted to the Bar are subject to a duty of professional secrecy (also known as the attorney–client privilege). Admission to practise is granted by the Ministry of Justice and confers the right to bear the title ‘advocate’ (advokat). Only advocates are entitled to appear in court on behalf of other persons (with a few exceptions, especially in cases of minor value). Advocates are self-employed, although they can be partners or associates in a law firm. Law firms can be organised as partnerships or more commonly as limited companies. Shares in such companies must be owned by advocates. Advocates must comply with the Bar's code of ethics. In Denmark, there is one bar association for the nation as a whole (the Danish Bar and Law Society). The Bar Society covers Denmark, as well as the Faroe Islands and Greenland. The Society is governed by a council of fifteen members. The president is elected by direct votes, whereas the remaining fourteen members are elected from eight local constituencies.

Lawyers who work for a company (in-house counsel) are entitled to keep the practising certificate as advocate and must also be a member of the Bar. The companies in which such lawyers work may not, however, offer law services to the public. Lawyers who work for courts, the police or the prosecution service may not work as advocates and are not members of the Bar. Written legal advice prepared by company lawyers is not, as a rule, covered by the attorney–client privilege.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2013

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References

Mads Bryde Andersen, Advokatretten (2005), 369
Langsted, Lars Bo, Garde, Peter and Greve, Vagn, Criminal Law in Denmark (Wolters Kluwer, 2011)Google Scholar
Jørgensen, Lars Økjær and Lavesen, Martin write in their book De advokatetiske regler: kommenteret af Lars Økjær Jørgensen og Martin Lavesen (Code of Conduct with Annotations) (Advokatsamfundet, 2011)Google Scholar

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  • Denmark
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.009
Available formats
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  • Denmark
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.009
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Denmark
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.009
Available formats
×