You have the right to decide who will defend you, and you always have the option to request a different attorney/counsel/lawyer than the one appointed by the court. If you are accused or charged in a criminal case, you are free to select the attorney you want as your defense attorney.

If you are arrested or held in custody, you can inform the police or prison staff about your preferred defense attorney.

Whether an attorney for the defence has been assigned to you by the court, or if you have chosen an attorney for the defence yourself, the attorney runs a private law firm which is independent of the police, the prosecutor and the courts.

Payment of defense attorney in criminal cases:

The court assigns the attorney for the defence to you whether you personally or the court has found the attorney. That means that provisionally the attorney’s fee will be paid by the state in the first instance. The defense attorneys’ fees are determined by the court according to fixed rates. As of January 1, 2023, the indicative rates indicate a fee based on an hourly rate of DKK 2,350, including VAT.

If you are acquitted, you do not have to pay the fee yourself. 

If you are convicted, you have to pay the attorney’s fee in full or in part to the state. This also applies to the fee paid to one or more former attorneys’ for the defence, etc. 

In other cases, the fee is determined due to an agreement between the law firm and the client. The fee is agreed individually, as it depends on the extent and characteristics of the case. The costs will always be determined with a basis of a set hourly rate and on basis of actual time spent.