1. To whom do the terms and conditions apply, what do they comprise and when are they applicable?
1.1 These terms and Conditions (hereinafter referred to as “Terms and Conditions”) are applicable when a natural person or legal entity, (hereinafter referred to as the “Client”), engages attorney at law Tove Sjövall or other designated attorney at law or associate who is active at Advokatbyrå Tove Sjövall AB, (hereinafter referred to as the “Law Firm”). These Terms and Conditions are applicable, together with the Swedish Bar Association’s Code of Conduct and other statutory requirements on lawyers’ professional activities (such as the Code of Judicial Procedure and the Act on Money Laundering). By engaging the Law Firm to provide the Client with a service, the Client accepts the Terms and Conditions. These Terms and Conditions are applicable as of the commencement of the assignment, until such time that it is concluded.
1.2 In the event that the Terms and Conditions are amended, such amendments are to be published on the Law Firm’s website. The date of the most recent version shall be indicated. Amended Terms and Conditions are applicable solely to assignments that have already commenced after the date of the amendment, with the exception of changes to rates. Amendments of the Law Firm’s hourly rates (price adjustments) are also applicable to assignments that have commenced prior to the date of the amendment.
2. Who is the Client? Disqualification provisions
2.1 Prior to commencing the assignment, the Law Firm may request to see identification documents etc. to verify the Client’s identity and ascertain the absence of any disqualification/conflict of interest.
2.2 The Law Firm is legally obliged to report suspicions of money laundering to the Swedish Economic Crime Authority. The Client must not be informed about the suspicion prior to the report. In some cases, the Law Firm may also be under obligation to withdraw from the assignment.
3. How much does it cost? Fees, etc.
3.1 The assignment is performed on a cost-plus basis, which means that there is no fixed price. Upon commencement of the assignment, the Client receives information about the specific hourly rate charged for the assignment concerned, and the basis on which loss of time and expenses are calculated. The hourly rate is currently: SEK 2,600 or SEK 2,300, depending on the assignment etc. The current rate for loss of time is SEK 1,265 per hour, while expenses are either charged pursuant to the Swedish National Courts Administration’s regulations or based on actual documented expenses. All amounts are subject to 25% VAT. All working hours, loss of time etc. are charged by the smallest time unit of 0.3 hrs and the Client is invoiced with the attachment of a statement of the work performed. Since the fee is only partially determined by time spent, the Law Firm is under no obligation to provide a detailed time report comprising every step of work performed and/or to link every action taken to time spent.
4. When and how is payment made? Invoicing and terms of payment
4.1 Prior to commencing with an assignment, the Law Firm may request an advance payment from the Client. In such cases, the advance payment constitutes a condition for the Law Firm to take on the assignment. The advance payment constitutes a partial payment and is not the final cost of the assignment, which is, as a rule, higher than the advance payment. The advance payment is deducted from the final invoice. The Client receives a statement of the transaction.
4.2 The Law Firm issues an invoice once a month or at any time that the Law Firm deems it to be appropriate. The term of payment is 15 days and in the event of over-due payment, the Client is charged penalty interest pursuant to Section 6 of the Swedish Interest Act.
5. Legal assistance insurance and legal aid
5.1 The Client is always the party who is liable for payment to the Law Firm, regardless of whether legal assistance insurance or legal aid is granted. The Law Firm applies for legal assistance insurance or legal aid on behalf of the Client for the assignment concerned. The Client shall pay for his/her stipulated deductible or legal aid fee.
5.2 For cases where legal assistance is provided, the Client shall pay the difference between the Law Firm’s invoiced amount and the amount compensated by the insurance company.
6. Cooperation between the Law Firm and the Client, and the right to withdraw from the assignment
6.1 All assignments are undertaken on the condition that the Client cooperates with and is continuously accessible to communicate with the Law Firm about the assignment, and provides documentation and information important to the assignment, and does what is necessary for the assignment to be executed in a sound and cost-efficient manner. The Law Firm is to provide continuous information and copies of case documentation to the Client.
6.2 Under certain circumstances, the Law Firm may be obliged or entitled to withdraw from an assignment. The regulations on such matters are stipulated in the Code of Conduct of the Swedish Bar Association.
7. In the event of a dispute between the Law Firm and the Client
7.1 Natural persons shall firstly attempt to resolve the dispute directly with the Law Firm; secondly, contact the Swedish Bar Association’s Consumer Disputes Committee; and thirdly, submit the matter to a court of law.
8. Governing law and jurisdiction
8.1 The Law Firm’s assignment and its Terms and Conditions are governed by Swedish law. Any disputes arising from the Terms and Conditions or any matter concerning an assignment shall be settled in a Swedish court, if the Client chooses to settle the matter in a court of law.
9. Limitation of liability
9.1 The Law Firm has statutory liability insurance coverage through the Swedish Bar Association, with the limitations as stipulated under the Terms and Conditions etc. For further information, please contact the Law Firm, the Swedish Bar Association or insurance company concerned.