These general terms and conditions apply to services that JKN Advokat KB (the "agency") performs for clients.
The Swedish Bar Association's Guiding rules on good legal practice (the "Rules"), which are available at www.advokatsamfundet.se, apply to the services and take precedence over these general terms and conditions.
The agency's services and these general terms and conditions are governed by Swedish law.
The agency's advice concerns Swedish law. The Agency's advice is adapted to the assignment and to the circumstances presented to the Agency. The client can therefore not use or rely on the advice for any situation other than that for which the agency provided the advice. The advice does not cover possible tax consequences.
All issues within a business plan, a business transaction or a dispute shall be considered a single assignment even if it involves several related companies, if it is handled by different lawyers within the firm and even if different invoices are issued.
When carrying out an assignment, the scope of the agency's resources may change and the agency may also change the staffing of the assignment.
All of the firm's lawyers perform their services in accordance with these general terms and conditions. The firm's lawyers have no personal liability to the client beyond that which may result from mandatory legislation. The agreement is thus an agreement with the agency and not with people who work at the agency.
The agency has a network of advisors. If necessary for the execution of the assignment, the agency can instruct external advisers. The advisers must be considered independent of the agency and the agency is not responsible for the advice they give or for having recommended them to a client. The agency is not responsible for fees or expenses charged by external advisers.
Unless otherwise agreed, the agency invoices monthly in arrears for work performed at the current hourly rate and for costs necessary for the execution of the assignment (eg costs for copying, bids, travel, application fees and compensation to witnesses and experts).
The Agency reserves the right to request advances, both before and during ongoing assignments. Advances are settled against the final invoice in connection with the termination of an assignment.
VAT is added to fees and expenses.
Even if the client is entitled to compensation from insurance (such as legal expenses insurance) to cover part of the agency's fee, the client is obliged to pay compensation to the agency according to issued invoices. Insurance policies normally have a deductible and a maximum compensation, and they do not reimburse VAT.
The firm's lawyers and other staff have a duty of confidentiality in accordance with the Rules. The duty of confidentiality covers what has been entrusted to the firm's staff within the framework of the legal profession or what the firm's staff has become aware of in connection with the legal profession. Exceptions to the duty of confidentiality apply if the client has consented to this, if there is a legal obligation to provide information, if it is necessary to defend against complaints from the client or if a justified claim for compensation regarding the assignment must be asserted. By using the agency, the client agrees that the agency may disclose information that the agency has a legal obligation to disclose.
The client may cancel the assignment at any time by notifying the agency in writing [client’s liability for agency’s fees, and for agency’s incurred and non-cancellable expenses at the time of cancellation]. The Agency may resign from an assignment when this is permitted under the Rules.
The agency's liability per assignment is limited to SEK 25 million. If the total fee for an assignment is less than SEK 250,000, the agency's liability is limited to SEK 5 million for the current assignment. The agency is not liable for the client's liability to third parties due to third party use of documents or advice from the agency.
If the agency terminates the performance of an assignment, or the relationship with the client, due to a circumstance due to the client, or due to an obligation under law or the Rules, the agency is not liable for the damage that this may lead to.
The agency's limitations of liability under these general terms or under a separate agreement with the client also apply to the agency's employees and former employees.
The agency's operations are based on its clients being satisfied with how the services are performed and that the agency's advice meets and preferably exceeds the clients' expectations. Should a client be dissatisfied or have a complaint with the agency, the agency should be notified as soon as possible.
If the client wishes to make a claim against the agency, this must be done as soon as possible after the circumstances on which the claim is based have become known to the client. Claims must, however, be submitted no later than twelve months from the time the client became aware of the said circumstances, and at least no later than twelve months from the time the agency issued its last invoice for the assignment.
Disputes in connection with the agency's services shall be finally settled by arbitration in accordance with the Arbitration Rules for the Stockholm Chamber of Commerce's Arbitration Institute. The seat of the arbitration shall be Stockholm and the language of the proceedings shall be Swedish.
Notwithstanding the provisions of the previous paragraph, the agency always has the right to bring an action against the client for overdue claims at Stockholm District Court or take other action, such as an application for an order for payment.