These general terms and conditions for services govern all services performed by Advokatfirman Juhlin & Partners KB (“Juhlin & Partners”) on behalf of its clients.
Juhlin & Partners conducts its business in accordance with the rules and principles adopted by the Swedish Bar Association (Sw: Advokatsamfundet). For further information, please see the Swedish Bar Association’s website, www.advokatsamfundet.se
1. The services and performance of the services
The client has access to the collective expertise of the Juhlin & Partners in the form of all of its lawyers. Accordingly, based on the nature of the matter, more than one lawyer may be involved in performing work on a particular matter. Juhlin & Partners accepts the matter as one for Juhlin & Partners and not for a particular lawyer. All partners and other employees perform their services in accordance with these terms and conditions. Accordingly, no partner or other employee shall be personally liable to the client other than as provided for by mandatory provisions.
Advice provided by the Juhlin & Partners in a particular matter is adapted to the matter and based on the facts presented to the Juhlin & Partners. Therefore, the client may not use or rely on the advice in a different situation or for any purpose other than that for which the advice has been provided. Unless specifically agreed otherwise, advice shall not include any tax consequences.
Advice in relation to a particular matter only relates to Swedish law. Any statement made by Juhlin & Partners concerning the law of other jurisdictions is solely for informational purposes based on common knowledge and does not constitute legal advice for which Juhlin & Partners is liable. Where necessary, Juhlin & Partners may assist in seeking legal expertise relating to other jurisdictions.
Unless otherwise agreed, fees are calculated based on the nature and scope of the matter, as well as the time expended on the matter and otherwise based on the principles adopted by the Swedish Bar Association.
Juhlin & Partners regularly charges fees for work performed, as well as for additional costs and out-of-pocket expenses. The services are subject to VAT.
Invoicing normally takes place on a monthly basis. However, invoicing after that the matter is closed may occur.
Juhlin & Partners has the right to charge remuneration in part or on account.
In case of no payment, penalty interest under the Interest Act will be charged. Reminder is charged with SEK 75. In case of default Juhlin & Partners has the right to suspend the work for the client.
4. Legal expenses insurance and legal aid
Certain types of insurance policies include legal expenses cover which, in the event of a dispute, entitles the client to insurance compensation to cover fees and additional costs payable to legal counsel. The client shall inform Juhlin & Partners if such insurance cover is available.
In the event the client has legal expenses insurance, Juhlin & Partners has the right to charge and invoice fees regularly based on Juhlin & Partners’ usual fee models and invoicing procedures. Any compensation received from the insurance company within the scope of the insurance policy may in such cases be settled afterwards. Accordingly, the client is responsible for payment of the difference (if any) between Juhlin & Partners’ fees and the amount paid out by the insurance company.
In certain cases, a client who engages the Juhlin & Partners as an individual is entitled to legal aid. In these cases, the charging of fees is governed by special terms and conditions.
Where necessary, the Juhlin & Partners shall assist in safeguarding the client’s right to legal expenses insurance or legal aid.
Unless otherwise agreed, invoices are payable within thirty (30) days of the invoice date. Statutory interest on overdue payment shall be charged in the event of payment. In the event the client fails to make timely payment, Juhlin & Partners reserves the right, after giving notice to the client, to cease performing any further work for the client and to cease acting on the matter.
6. Advance payment
Juhlin & Partners shall be entitled to charge the client in advance to cover fees and additional costs. The advance payment is a standing advance which is accounted for once performance of the services has been concluded. Accordingly, unless otherwise agreed, no deduction shall be made for the advance payment in the regular invoices.
7. Identification of clients, etc.
Juhlin & Partners is under a statutory obligation to obtain and safeguard satisfactory proof of the client’s identity and ownership structure and, in certain cases, the origin of funds and other assets. Accordingly, Juhlin & Partners may request ID documents and other documents relating to, among others, the client, the client’s companies or any other person linked to the client who is involved in the matter. Such request may be made both before and after Juhlin & Partners has started providing services. If Juhlin & Partners does not receive the documents requested, Juhlin & Partners may be under a statutory obligation to refuse to provide, or immediately cease providing, services.
Juhlin & Partners is under a statutory obligation to report any suspicion of money laundering or terrorist financing to the Financial Crimes Unit of the Swedish Police and is prohibited from informing the client or a prospective client of its suspicion or that it has reported or may report its suspicion to the Financial Crimes Unit of the Swedish Police.
8. External consultants
Where agreed with the client, Juhlin & Partners may engage external consultants to perform services in relation to a particular matter. Consultants shall be deemed to be acting independently of Juhlin & Partners and Juhlin & Partners shall not be liable for any advice provided by any such consultant or for any other work performed by consultants in relation to the matter, and shall not be liable to pay any fees or expenses charged by the consultant. The fact that Juhlin & Partners proposed or recommended a consultant shall not mean that Juhlin & Partners has any liability whatsoever to the client for the work performed by such consultant in relation to the matter. The client is liable to reimburse Juhlin & Partners in full if Juhlin & Partners pays an external consultant on behalf of the client.
9. Limitation of liability
The following limitations on liability shall apply in addition to the other provisions of these terms and conditions for services.
Unless otherwise agreed, Juhlin & Partners shall not be liable to the client for the completeness or accuracy of any information provided by the client or any other party in relation to a particular matter, and shall not be liable for any loss or damage incurred as a result of misleading, inaccurate information or an omission by any party other than Juhlin & Partners or its employees.
Juhlin & Partners shall not be liable to the client for any loss or damage incurred as a result of an event beyond the Juhlin & Partners’ control which Juhlin & Partners could not reasonably have foreseen at the time it agreed to perform the services, and the consequences of which Juhlin & Partners could also not reasonably have avoided or surmounted.
Juhlin & Partners shall not be liable to the client for any loss or damage incurred as a result of the use by the client of Juhlin & Partners’ work product or advice in any context or for any purpose other than that for which it was provided.
Unless the matter relates specifically and solely to tax advice, Juhlin & Partners shall not be liable to the client for any loss or damage incurred as a result of any tax or tax surcharge being imposed on the client, or the risk of any tax or tax surcharge being imposed on the client, as a consequence of Juhlin & Partners’ work product or advice.
If the matter involves the provision of advice on possible tax consequences, Juhlin & Partners shall not be liable for any taxes imposed on the client, unless it was clear at the time Juhlin & Partners provided the advice that the client could have achieved its commercial objectives by using an alternative structure or method without incurring any additional costs or risks, thereby entirely avoiding the imposition of these taxes.
The liability of Juhlin & Partners to the client shall be reduced by the amount which the client may obtain through an insurance policy taken out by the client or which otherwise covers the client, or through an agreement or indemnity entered into by the client or under which the client is a beneficiary.
In the event more than one adviser is liable to the client for the same loss or damage, Juhlin & Partners’ liability shall be limited to the total loss or damage which is proportional to the Juhlin & Partners’ percentage of the total fees charged by all advisors in the case in question. The foregoing shall apply notwithstanding that the other advisers have excluded or limited their liability or are incapable of paying their respective shares of the total claim.
In the event another adviser’s liability to the client is more limited than the Juhlin & Partners’ liability, the liability (if any) of the Juhlin & Partners to the client as a result of any joint and several liability of the Juhlin & Partners with such other adviser shall be reduced by the amount of compensation the Juhlin & Partners could have recovered from such adviser if the adviser’s liability to the client had not been limited in such manner. The foregoing shall apply irrespective of whether or not the other adviser could have paid the compensation to Juhlin & Partners.
Juhlin & Partners shall not be liable to any third party for any loss or damage incurred as a result of the use by the client or a third party of Juhlin & Partners’ work product or advice.
Juhlin & Partners’ liability to the client shall be limited to 45 base amounts according to the Act on Social Security (Sw. Socialförsäkringsbalken).
Juhlin & Partners shall not be liable for any loss which may result if Juhlin & Partners ceases to act on a particular matter or suspends its relationship with the client due to a circumstance caused by the client or a statutory or lawyer’s professional obligation.
The limitations on the liability of Juhlin & Partners pursuant to these general terms and conditions for services or pursuant to an agreement entered into separately with the client shall also apply to Juhlin & Partners’ partners and other employees, as well as former employees.
10. Claims against the Juhlin & Partners
If the client wishes to bring a claim against Juhlin & Partners, the claim must be made as soon as the client, after a reasonable investigation, becomes aware, or should have become aware, of the circumstances upon which the claim is based, provided that claims must be brought within twelve months of the date on which the client becomes aware, or should have become aware, of such circumstances and, in any event, within twelve months of Juhlin & Partners’ most recent invoice for the services.
If the client’s claim is based on a claim brought against the client by a public authority or third party, Juhlin & Partners shall be entitled to respond, settle and enter into an agreement regarding the claim on behalf of the client, provided that Juhlin & Partners holds the client harmless. In the event Juhlin & Partners does not obtain this right, Juhlin & Partners assumes no liability whatsoever for the claim.
The client may only receive payment from Juhlin & Partners if the client transfers the right of recourse against third parties to Juhlin & Partners or its insurer.
As a rule, Juhlin & Partners communicates with clients and other parties involved in various matters by e-mail, among other means. These communications are subject to certain risks, the consequences of which Juhlin & Partners shall not assume any liability for. If the client wishes to avoid the use of electronic communications in a particular matter, the client must inform the person responsible for the matter.
Due to measures taken by Juhlin & Partners to secure, for example, communications via the Internet, e-mails may not always be received by the addressee. Accordingly, the client is requested to verify that important e-mails have been received by the correct recipient.
12. Swedish and English versions of the terms and conditions
These general terms and conditions for services have been produced in a Swedish version and an English version. The Swedish version applies to clients domiciled in Sweden. The English version applies to other clients.
13. Dispute resolution and governing law
These General Terms and Conditions shall be construed in accordance with and be governed by the laws of Sweden.
Any dispute, controversy or claim arising out of or in connection with the assignment shall be settled by the District Court of Malmö.