Terms and Conditions
These Terms and Conditions (“TOC”) apply to services provided to clients by law firm JKN (JKN Advokatbyrå HB; ”the Firm”).
The Firm conforms to the Swedish Bar Association’s Code of Conduct (”the Rules”), which apply to the services provided with precedence over these TOC. The Rules are available here.
The services of the Firm and these TOC are governed by Swedish law.
The Firm’s advice relates to Swedish law and regulations. The Firm’s advice is given based on the assignment and facts presented to the Firm. A client can therefore not rely on the Firm’s advice in relation to any situation other than that for which the Firm has advised. The advice does not cover possible tax consequences.
All questions and matters within a given business arrangement, transaction or dispute are considered a single assignment, even if e.g. several related companies, several lawyers at the Firm or several different invoices are issued.
While carrying out an assignment the composition and scope of the Firm’s staff and resources may change.
All the Firm’s lawyers provide services in accordance with these TOC. The Firm’s lawyers have no personal responsibility to a client except when such responsibility arises as a result of mandatory legislation. Therefore any contract pursuant to which the Firm carries out an assignment is with the Firm, and not with any individual(s) working at the Firm.
The Firm has a network of advisors. If necessary for the completion of the assignment the Firm may instruct such advisors. The advisors are independent of the Firm, and the Firm is not responsible for any advice they give or for recommending them to a client. The Firm is not responsible for fees or expenses billed by advisors.
FEES AND EXPENSES
Unless otherwise is agreed the Firm will send invoices monthly in arrears for services rendered in accordance with applicable hourly rates and for expenses necessary for the assignment (e.g. costs for copying, couriers, travel, application fees and payment of witnesses and experts).
The Firm reserves the right to request an advance, both before and during an assignment. Advances are discounted from invoices when the assignment is completed.
Value added tax is added to fees and expenses.
Even if a client is entitled to compensation by insurance (e.g. legal expenses insurance) to cover the costs of the Firm, the client is still obliged to pay compensation to the Firm in accordance with invoices issued by the Firm. Insurance may not fully cover costs, for it usually has a deductible, a maximum coverage and does not usually cover value added tax.
The Firm’s lawyers and other staff have an obligation of professional secrecy in accordance with the Rules. This covers information given to the lawyers and staff within the scope of the Firm’s activities and in conjunction with such activities. Exceptions from the obligation arise if a client consents to disclosure, if there is a legal obligation to disclose specific information, if disclosure is necessary to defend claims of misconduct brought by the client and if disclosure is necessary to claim compensation in relation to the assignment. By hiring the Firm a client consents to the Firm disclosing information to others when the Firm has a legal obligation to do so.
TERMINATION OF THE ASSIGNMENT
A client can at any time terminate the assignment by written notification to the Firm. The Firm can withdraw from an assignment when the Rules permit it.
LIMITATIONS OF LIABILITY
The Firm’s liability is limited to 25 million SEK per assignment. If the total fee for an assignment is less than 250 000 SEK the Firm’s liability is limited to 5 million SEK for that assignment.
The Firm is not liable for a client’s liability toward any third party due to the third party’s use of documents or advice from the Firm.
If the Firm terminates an assignment, or the relationship with a client, due to circumstances relating to the client, or if obliged to in accordance with laws or the Rules, the Firm is not responsible for any damage arising.
The Firm’s limitations of liability according to these TOC or any separate agreement with a client also apply to employees and former employees of the Firm.
COMPLAINTS, DEADLINES AND DISPUTE RESOLUTION
The Firm aspires to satisfy its clients fully; and that the services and advice it provides will fulfil, indeed preferably exceed, its clients’ expectations. If a client is dissatisfied or has a complaint against the Firm, the Firm must be informed as soon as possible.
If a client wants to bring a claim against the Firm it must do so as soon as possible after the facts which form the basis of the claim have become known to the client. A claim must at the latest be presented within twelve months from the date of such knowledge, and in any event notwithstanding the foregoing within twelve months from the date on which the Firm issued the final invoice regarding the assignment to the client.
Any dispute arising out of or in connection with the Firm’s services, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (https://sccinstitute.com). The seat of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be Swedish.
Regardless of what is stated in the previous paragraph the Firm always has the right to bring an action against a client to enforce bad debts at the Stockholm District Court (“Stockholms tingsrätt”), or to take other action such as an application for a summary payment order with the Swedish Enforcement Authority (“Kronofogden”).