Terms and Conditions for Clients of Attorney Esq. AB (“Attorney”)
These terms and Conditions is a summary and a translation from Swedish to English and if there is inconsistencies between the Swedish text and the English text the Swedish text on www.attorney.se shall prevail.
Accordingly the Swedish Terms and Conditions on www.attorney.se is incorporated in the agreement between the client and Attorney unless otherwise agreed in writing.
Regarding GDPR terms pls. read the Swedish text that is valid between Attorney and the client
Attorneys business focus
Attorney works with Family Law, Private Law, Administrative Law and Business Law. Attorney has for many years advised companies and individuals, and participated in various ways in their daily work at the establishment and operation of small and medium sized owner-managed businesses.
Therefore, within Attorney, there is competence to solve both small and major problems that may arise in the operation of both new and already active companies as well as for private individuals.
Attorney’s foundation can be summarized in the following core values.
An involvement to create workable solutions for the clients.
Attorney want to have an ongoing dialogue with the client to increase understanding of each other and thus increase the possibilities of successful result and prevent negative impacts affecting the task, both for the client as Attorney.
We want to develop and improve Attorney and our services but also develop understanding among clients to legal issues related to their business or personal situation.
It is of the utmost importance that clients’ integrity is protected. The confidence given Attorney must be managed and cared for. Attorney, of course, observes the privacy of our clients in accordance with good practice and Swedish law.
“Code of Conduct”
Attorneys’ “Code of Conduct ” is the guiding ideas for the way Attorney and our partners should work and not binding rules and terms between Attorney and the client. Since every client is unique Attorneys Code of Conduct is seen as an ethical ambition for Attorneys employees and partners, and not a legally binding term between Attorney and client
or a third party.
1. Terms and Conditions between Attorney and its Clients (“Terms”)
1 .1 The Terms apply to all services that Attorney is providing to their clients (“Assignement”). See more about this at point 2 below.
1 .2 When Attorney is hired by clients to provide the clients a service the Terms is incorporated in the parties agreement and binding for the client and Attorney. The Terms is available on www.attorney.se and at Attorneys office and is referred to in the powers of attorney Attorneys clients sign.
The Terms are incorporated into the parties’ agreement when
Attorney accepts an Assignment and the client is deemed to have been served the Terms through www.attorney.se , or by Attorney providing information about the Terms and their existence at Attorneys office, or by the client’s signature of the power of attorney or other any other written documents from the client instructing Attorney in a matter.
The parties agree that both facsimile copies and e-mail should be considered as the original document that binds the parties in accordance with these Terms.
1 .3 Deviation from the Terms is only to be done through a document signed by both parties.
2 Assignments and services
2.1 For work with the client one or more of Attorneys employees or hired lawyers or partners can be involved. Through this the client will be offered the expertise and resources needed to accomplish the assigned mission in a meaningful way. The number of persons involved in the assignment may change over time. At the beginning of the assignment, a responsible lawyer is appointed for the Assignment. The client should always first contact this lawyer for any questions.
2.2 For Attorney to carry out the Assignment, the client must promptly provide Attorney complete and in all parts accurate information needed for carrying out the Assignment. Furthermore the client ensure that the client or the client’s staff are available to provide Attorney assistance as may reasonably be required for Attorney to carry out the work within the specified time limits, or otherwise within a reasonable time and without sacrificing quality. During the execution of the Assignment, the client must ensure Attorney receives prompt information on any changes in the conditions of the Assignment.
2.3 If the client or third party is slow in providing information and materials or do not take action as required by Attorney to carry out the task, this can cause delays and additional costs for the client to be paid by the client’s. Attorney is not responsible for the delays and extra
costs that arise directly or indirectly due. client’s behavior, whether it concerns increased fees or other costs or as regards the result of the Assignment.
2.4 Upon completion of the Assignment, Attorney disclaims that the information provided and the material received from client is accurate and complete, which means that Attorney does not independently verify the information and material submitted by the client to Attorney. Attorney is not responsible for any conclusions or recommendations based on
incomplete, incorrect or inadequate information from the client or from the third party designated by the client.
2 .5 Attorneys services is tailored to the circumstances of the particular mission and the facts and information presented to Attorney by the client or by a designated third party and the instructions the client provides Attorney. For this reason, the client cannot rely on a specific
advice or work performance in conjunction with any other situation, for purposes other than for the mission which is specifically provided.
2 .6 Draft documents, and other working documents Attorney provides the client during the Assignment is not Attorneys final position. This means that the client cannot rely on, act or refrain from acting on the basis of such drafts and working documents.
2 .7 Attorneys counseling is not assessing any possible tax consequences in the specific Assignment or any other situation.
Advice is not assessments of the legal situation in jurisdictions other than in
Sweden and advice also applies only to the specific task and Assignment and on the basis of the information received from the client.
2 .8 Attorney instruct, engage and / or work together with other advisors
or professionals, those skilled counselors are independent of Attorney. This means that Attorney does not take any responsibility for the advice or other services to the client, directly or indirectly. Attorney shall not be responsible for fees or costs such advisers or professionals
directly or indirectly, invoices the client where appropriate.
The Assignment is a contract between Attorney and client and not an agreement between the client and the individual lawyer or any other legal or natural person related to Attorney. Attorney and the client thus accept that the client’s Assignment is an Assignment for and with Attorney and not for an individual lawyer. This applies even if the client’s express or implied intention that the work must be performed by a specific person or persons.
4 Copyright, etc.
Copyright and other intellectual property rights to the work and results Attorney creates related to the mission for the client belongs to Attorney, but the client has the right to use the results for such purposes – ie in the context of the Assignment – for which the results are provided. In the event that Attorney has not specifically agreed otherwise in a written confirmation, no document or other work performed by Attorney may be publicly distributed or used for promotion or in any other way.
Attorney is normally invoicing their fees monthly in arrears. Payment is to be made in accordance with the invoice payment instruction but no later than within twenty (20) days from date of invoice. Final settlement for an Assignment is made fully at the end of the Assignment.
6 Legal Expenses through Insurances etc.
In some cases, the client might get legal expenses covered by insurance reimbursement.
It is important that the client itself states to Attorney of any existence of an
insurance. Attorney accepts no responsibility for whether the insurer grants legal protection in the matter or not.
According to the insurance policy normally the consideration received by Attorney under the insurance is limited to a sum and a certain specified hourly rate.
Even in cases where the client is entitled to receive insurance coverage for legal fees the client always must pay their bills with Attorney directly unless otherwise stated on the invoice. In any case, the client is always responsible in relation to Attorney for the difference of what legal protection defakto covers and Attorneys’ fees invoiced.
Also note that Attorney does not differentiate between different forms of time such as time for travel or normal time spent. All time is considered as chargeable time and reported only in simple cases. In more elaborated Assignments, sometimes no time reporting occurs, but instead only fair fees are reported (see below under the heading “Revenue size”).
Note further that Attorney measures concerning the legal protection through insurance or from the state is limited to a) apply for legal protection for client and b) assist in the settlement procedure by sending a copy of Attorneys final report / final invoice to the company or the authority and instructions were possibly bleed legal amount payable.
For this work, Attorney charge attorney fees amounting to between 2-4 hours to be paid by the client directly to Attorney.
7 .1 Payment of Attorneys invoices must occur within twenty (20) days from invoice date unless otherwise stated on the invoice. For later payments late interest is charged under the law, but not less than ten (10) percent p.a.
In the event that the client does not timely make payment of Attorneys invoices, Attorney reserves the right, with ten (10) days notice to, cease all further work for the client, and then if payment is not made within ten (10) days of notification withdraw from the Assignment.
7 .2 The client may at any time terminate the agreement with Attorney by written request to Attorney. The client, however, must make payment for the services performed until termination of the Assignment and in addition necessary completion work amounting to a maximum of eight (8) hours and the costs Attorney had before the task ceased.
7 .3 If client is not able to pay Attorney’s invoice, or is in bankruptcy, Attorney automatically is receiving client’s right to compensation against any client funds on Attorneys client account and against any insurers due to existing Assignment agreement between client and Attorney.
7.4 In the event of bankruptcy of client that is a legal person, the legal person’s deputy is also responsible for paying the legal person’s debts to Attorney.
8 .1 Calculation of Fees is done by debiting per commenced 15 minutes. For the avoidance of doubt, this means that the client understands and agrees to accept for example;
i) 15 minutes is debited by Attorney for a telephone call with the client for 7 minutes,
ii) 30 minutes is debited when Attorney worked to write an e-mail for 20 minutes,
iii) 1 hour if Attorney worked with a court order for 50 minutes.
8.2 Invoices and debits from Attorney to the client is not final payment nor invoicing for the relevant period and the Assignment. It is only to be considered as a partial payment and invoicing of accrued fees to Attorney.
8.3 An estimate of the fee payable to Attorney is not binding for Attorney – regardless of when it occurs – it is based on the information that Attorney has access to at the time of the estimate and is not an offer or promise of a fixed price, but only a non-binding estimate based on the client’s information.
8.4 In court cases and arbitration proceedings it is normal that the losing party is to pay the winning party’s legal fees, including, for example, witness costs, expert costs, citation fees, postage and lawyer’s fees and own working hours. Whether client is winning or losing party the client however, is always to make payment for the services Attorney has done and for the client.
8 .5 The hourly rate Attorney is currently applying vary between 1395 SEK per hour excl. VAT up to 3495 SEK per hour excl. VAT.
If no specific agreement has been agreed between Attorney and client concerning the fees to be paid, the fees is 2495 SEK + VAT per hour. VAT is always added to the price which is the basic price.
8 .7 Attorney minimum billable time is 15 minutes for each individual contact between the client and Attorney or Attorney and any third party due to the Assignment i.e. execution or a single work effort such as an e-mail. This whether it’s a 15 minute phone call or a reply to an
e-mail that takes 1 minute. See also section 8.1.
In addition to Attorneys’ fees, costs for the lawsuit, travel and other expenses related to the implementation of the mandate will be invoiced to the client. Attorney may require an advance for expenses or may forward the invoice to the client for payment.
The client shall pay all Attorney’s expenses and expenses in addition to the fee, including but not limited to fees to authorities and companies, postage and travel expenses, as well as all other costs attributable to the performance of the engagement and Assignment.
10 Advance payments and Client account
10 .1 Depending on the circumstances, Attorney might be requesting a client payment or an advance payment from the client to be paid to Attorney or Attorney’s escrow account, where appropriate. The size of the same is decided by Attorney.
10.2 In the event of any payment to Attorney, Attorney is entitled to offsetting funds belonging to client for payment of any debt to Attorney.
11 Legal aid
11.1 Attorney undertakes Assignments for which remuneration is paid in the form of legal aid. Attorney and also helps clients to seek legal aid from the Legal Aid Authority.
11.2 For legal aid to be paid to the client, the client’s income cannot be more than 260 000 SEK per year.
11.3 Attorney accepts no responsibility for the client receiving legal assistance and it is incumbent upon the client to pay the fee charged to the client by Attorney and not paid by the Legal Aid Authority.
12 Restrictions on the Terms
These Terms apples for all clients to the extent otherwise provided through mandatory law or written agreement between the parties.
13 Limitation of Liability
Attorney responsible for the damage suffered by the client only if the damage was caused by Attorney by intent or negligence in carrying out the Assignment. Liability is limited to direct damages, and to a maximum of 3 000 000 SEK.
14 Deputy Corporate Responsibility / Corporate Responsibility
In the case client is a legal person, the person who signed the power of attorney to Attorney, (the legal person’s representative) jointly and severally are liable with the legal person for the legal entity’s obligations to Attorney in respect to the past and the future fees payable to
Future obligations to Attorney ceases at the time the representative of a legal person leaves his employment or the board and is informing Attorney in writing regarding the leave.
The legal representative’s responsibility to Attorney is for all the legal entity’s obligations to Attorney until Attorney has received full payment, including fees, interest and costs.
15 Law on measures against money laundering and terrorist financing
Attorney is required by law to report suspicions of money laundering or terrorist financing to the police. Attorney is also prevented by law to notify the client about suspicious cases, and that notification has been made or could be made to the Police. Attorney is required to continuously monitor ongoing client relationships after a risk assessment has been
made. Attorney is also obliged under ethical rules immediately resign from the Assignment when reporting occurred. Attorney will not give reasons for the withdrawal.
16 Identification and personal data (GDPR se Swedish text)
16.1 By law, Attorney controls clients identity and legal persons ownership conditions, and inform themselves of funds and other assets origin. This usually happens before the Assignment commences. Attorney may therefore ask for, inter alia, identity documents as well as documentation demonstrating where funds and other assets come from. Attorney is
also liable to the best of its ability to verify the information provided to Attorney by the client. For this purpose, Attorney retrieve information from external sources. All information and documentation to Attorney obtained during these checks will Attorney retain.
16.2 Personal information is not used for automated decision-making or profiling.
16.3 When the client hires Attorney, the client’s consent to Attorney processing of personal data for the purposes specified in this Terms and for money laundering law.
16.4 The client approves therefore to Attorney, to use its name and social security number, errands, etc. that are registered in Attorneys register, invoice register, accounting program, template management application, email management in terms of both incoming and outgoing mails with or without attachments, data processing of incoming mail, etc. The client also
agree that the information can be passed completely or partially to third parties, and in accordance with the above purpose, and for to facilitate the performance of Attorney’s and its employees’ behalf, or to promote clients interests.
16.5 Attorney is responsible for that the personal data is handled properly and client has the right to request that inaccurate data is corrected. Application for information and amendment must be in writing.
16 .6 To the fulfillment of the obligations under Attorneys good practice, archiving duty etc. information is saved without other restrictions in time than that Attorney has justified it by just given reasons and no longer than 2 years.
16.7 In order to keep the client’s personal data updated and correct, Attorney may supplement and update this personal data obtained through the acquisition of private and public records. See also below under “Archiving and disclosure of information”.
16.8 When personal data is provided by and about children under 16, the relevant custodian in writing, authorize Attorney to use said personal data.The approval may be submitted via e-mail, but only if the e-mail with the approval is provided with a copy of the guardian’s driver’s
license or passport and telephone number for follow-up verification of the approval.
16.9 Complaints concerning Attorney’s management of personal data can be made at Datainspektionen.
17 Filing and disclosure of information and the use of e-mail
17.1 The information client provide to Attorney is protected by Attorney in a way Attorney deems appropriate.
17.2 Attorney is communicating with client and others who are involved in a mission in several ways, including by e-mail. Although e-mail is an effective way to communicate, it means the risks of security and confidentiality. Attorney wants to draw attention to the
clients of the risks associated with communication via eg e-mail, especially if clients email address is in a company. Attorney do not encrypt their e-mail. Attorney assumes no responsibility for these risks related to email including viruses or spam.
17.3 Attorneys spam and virus filters and other safety devices can sometimes reject legitimate e-mail. The client should therefore follow up important e-mails via telephone and Attorney accepts no responsibility for missing e-mails or the consequences of the disappearance.
17.4 When a Assignment is completed or otherwise terminated, Attorney keeps the documents and work products Attorney themselves feel important, obtained and produced during the Assignment. The documents and work results will be filed during a period in accordance with Attorney’s opinion but never for less time than stipulated by the Swedish law.
17.5 Given that Attorney may be required to file documents and results obtained and prepared in the Assignment, Attorney might not respond to a request from the client to destroy a document or work performance before the retention period expires. In cases where the client asks Attorney emptying an electronic file Attorney is to comply with the client’s wishes in accordance with the law. Any work will be debited with the standard hourly rate.
18 Applicable law and dispute resolution
Disputes arising from this Assignment and the Terms – and any fee agreement – should be referred to the decision by Swedish courts, with the Stockholm District Court and governed by Swedish law.
19 Claims and complaints about invoices and Assignments
19.1 Dispute and complaints about invoices from Attorney regarding a) work done
b) invoiced time and c) the amount is to be made in writing by letter.
19.1.1 The client’s objection and complaints regarding the invoices shall be made as soon as possible and no later than thirty (30) days after the invoice date.
19.1.2 The clients complaint on the invoices must be dated and signed and contain the invoice number, amount and date of invoice and why the invoice is not to be paid i.e. the complaints submitted shall be specified.
19.1.3 If no complaint is received by Attorney within the time specified in paragraph
19.1.1 client’s right to dispute his liability for the client invoices issued in respect of a) work done b) invoiced time and c) amount.
19.2 Claims and complaints regarding Attorneys execution of work and performance shall be in writing via posted mail as soon as the client should have understood that he may make claims and complaints against Attorney.
19.2.1 Client’s demands and complaints regarding Attorneys execution of work and the performance of the Assignment must be made no later than thirty (30) days of the date the client defakto became aware of the circumstances giving rise to the claim or complaint.
19.2. 2 Claims and complaints regarding Attorneys execution of work and the Assignment shall in all circumstances be presented no later than one (1) month after the final judgment in court or arbitration, or if the Assignment is not related to legal proceedings no later than one (1) month from the client received the invoice for the work that is considered inadequate.
19.2 .3 If client have not made his complaints regarding Attorneys execution of work and the Assignment’s execution within the time specified in paragraph 19.2.1 to 19.2.2 above the client’s right to demand compensation for the deficiencies in the work performed or the performance of the assignment is terminated for the client
19.3 If client is failing to follow the timelines in these Terms the client’s right to compensation for any failure in the performance of Attorneys duties and work or reduction of the invoiced amount is lapsed.
Attorneys Terms may from time to time be changed and by then valid between the parties. The currently applicable version can be
found by clicking on “Terms and Conditions” of Attorneys website www.attorney.se and at the Attorneys office.