General TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR ADVOKATERNA LIMAN & PARTNERS (ENGLISH VERSION 2022:1)
1. INTRODUCTION AND SCOPE OF ASSIGNMENT
1.1 These general terms and conditions apply to all advice and other services rendered Advokaterna Liman & Partners AB (“we”, “us” or “our”, to our clients. Deviations shall be agreed in writing in order to be valid.
1.2 The assignment you have given to us constitutes an agreement with Advokaterna Liman & Partners and not with the owner of the law firm or any legal or natural person connected to the law firm. This applies even if the intention is that a specific person to carry out the assignment. Legal and natural persons associated with Advokaterna Liman & Partners (e.g. owners, directors, managing director, natural and legal persons who have cooperation agreements with us, consultants and employees) are subject to these terms and conditions and these persons shall have no individual liability to you unless otherwise provided by mandatory law.
1.3 We are obliged to follow the Swedish Bar Association’s Code of Conduct (see www.advokatsamfundet.se) as well as a range of other rules and laws, including rules on attorney-client privilege, the handling of conflicts of interest, anti-money laundering, non- disclosure of inside information, and on restrictions on trading in listed securities. Our services are adapted to the circumstances and information in the individual assignment as well as the instructions you give us. You cannot, therefore, rely on any particular piece of advice in connection with any other matter or use it for any purpose other than for which it was given, without our prior express consent.
1.4 When you engage us, we may, unless you notify us otherwise, take the measures we deem necessary or desirable to perform the assignment. If we engage other advisors, experts and professionals to work on the assignment, we have the right to request that you contract them directly and thereby assume direct responsibility for their fees and costs. The advice we give to you is based on the legal position when the advice was given. Unless otherwise agreed, we do not undertake to update the advice we have provided to take into account subsequent changes in the legal situation.
1.5 We communicate with our clients and others in several ways, including by email. If you would prefer us not to communicate electronically, please let us know. Otherwise, we assume that you do not mind.
1.6 You have the right to terminate our assignment at any time. Applicable law and the Swedish Bar Association’s Code of Conduct govern the circumstances under which we have the right or are obliged to decline or withdraw from an assignment. We are entitled to full payment for the services we have performed and the costs we have had before the assignment ended through your termination or our withdrawal.
1.7 Unless otherwise agreed, our advice in the engagement does not include advice on potential tax consequences.
1.8 We render advice only in respect of and based on the current laws of Sweden.
2. FEES AND COSTS, ETC.
2.1 We strive to provide legal services at attractive fees. The fee can be based on various factors such as time spent, the skill and experience required by the assignment, the values that the assignment concerns, possible risks for Advokaterna Liman & Partners, time pressure and achieved results. Our fees comply with the Swedish Bar Association’s Code of Conduct.
2.2 In addition to fees, costs for travel and other expenses incurred by Advokaterna Liman & Partners in connection with the performance of the assignment are charged. Normally, we have limited expenses on your behalf and charge them in arrears, but we may request advances for expenses or forward the relevant invoice to you for payment.
2.3 Unless otherwise agreed, we invoice earned fees on an ongoing basis during the assignment, normally monthly or, if only minor fees have arisen, less frequently. Unless otherwise agreed, our invoices are due 10 days after the invoice date.
2.4 You should contact your insurance company yourself, in connection with hiring us, to claim any legal expenses insurance. If you so request, we can assist you in claiming any compensation from the insurance company. Legal expenses insurance normally covers only part of the earned fee. To the extent that compensation is not paid out of the insurance, fees and costs must be paid by you. Please note that it is common for insurance companies to issue compensation only when the case is closed, or on account at long intervals during the course of the case. Since our fee is normally invoiced monthly, this means, unless otherwise agreed, that you must pay our invoices pending a final decision and possible payment from the insurance company.
2.5 We may request advances on our fee before commencing the assignment. This might also be the case in certain circumstances in ongoing assignments, if compliant with the Swedish Bar Association’s Code of
2.6 In court proceedings and arbitration, the losing party may be required to pay all or part of the winning party’s legal costs including attorneys’ fees. However, it is not always the case that the winning party’s legal costs are recoverable in full. Whether or not you are fully reimbursed for your legal costs, you must pay for the services we have performed and for the costs incurred by us in representing you in court proceedings or arbitration.
3. LIABILITY AND LIMITATION OF LIABILITY
3.1 Your relationship is with Advokaterna Liman & Partners and not with the owner(s) of the law firm or any legal or natural person connected to the law firm (although the intention is that the service is performed by a certain specific person). No one other than Advokaterna Liman & Partners shall be responsible for the services provided or any claims in connection with the services. Without limiting the generality of what has been said in the foregoing, the limitations of liability in these General Terms and Conditions shall apply in favor of any legal or natural person associated with Liman & Partners (for example, shareholders, managing director, board member, employee, natural and legal persons who have cooperation agreements with us, consultant or persons previously associated with Advokaterna Liman & Partners in the aforementioned manner).
3.2 Our liability for any loss or damage caused through error or negligence on our part in performing the assignment is limited to twentyfive million Swedish kronor per assignment or, if our fee for the engagement does not exceed one million Swedish kronor, five million Swedish kronor. Notwithstanding the foregoing, we are in no situation liable for indirect damage/loss including loss of income/profit, loss of goodwill and loss in business. Price reductions or other sanctions cannot be applied in addition to damages. Nor can we accept any obligation to pay contractual damages.
3.3 We shall have no liability to third parties for documents or other advice that we provide to you. If, at your request, we agree that third parties can rely on documents produced by us or advice provided by us, this shall not increase or otherwise affect our liability and we shall only be liable to such third party to the extent that we are liable to you. Any amount paid to third parties under this liability shall correspondingly reduce our liability to you and vice versa.
3.4 Other advisers, experts and professionals shall be considered independent from us (regardless of whether we have engaged or contracted them directly). Thus, we are not responsible for other advisers or professionals, either for selecting or recommending them, or for the advice or other services they provide. This applies whether they report to us or not.
4. COMPLAINTS AND CLAIMS
4.1 We strive for you to be satisfied with our services. If for any reason you are dissatisfied or have a complaint, you must inform the responsible lawyer at Advokaterna Liman & Partners as soon as possible.
4.2 Claims related to advice should be made to the responsible lawyer as soon as you have become aware of the circumstances on which the claim is based. Claims may not be made later than twelve months from the latter of (i) the date on which the last invoice was issued for the assignment to which the claim relates, or (ii) the date on which the facts in question were known to you or could have become known to you if you had conducted reasonable enquiries.
4.3 If your claim is based on a claim from a third party, tax authority or other authority against yourself, we or our insurer shall have the right to respond to and settle the claim on your behalf provided that we – subject to the limitations of liability set out in these General Terms and Conditions – indemnify you. If you respond to, settle or otherwise take any action with respect to such claim without our consent, we shall have no responsibility for the claim.
4.4 If we or our insurer pay compensation to you in connection with your claim, you shall, as a condition of payment, transfer to us or our insurers the right of recourse against third parties by subrogation or assignment.
4.5 Clients who are consumers can, under certain conditions, turn to the Swedish Bar Association’s Consumer Disputes Board to have fee disputes and other financial claims against us tried. The address of the Consumer Disputes Board is: Konsumenttvistnämnden Sveriges Advokatsamfund Box 27321, 102 54 Stockholm.For further information, see www.advokatsamfundet.se/Konsumenttvistnämnden
5. GOVERNING LAW
5.1 These general terms and conditions, our assignment and our services shall be governed and interpreted in accordance with Swedish law.
5.2 If we have provided you with an assignment confirmation in a specific assignment, the terms of the confirmation shall take precedence over these general terms and conditions if and to the extent that the terms and conditions are incompatible with each other.