General terms of engagement
1. Application
1.1 These General Terms apply to all engagements and all advice provided by Fredrik Jörgensen, PhD (Economics), Rättsakuten AB, company registration number 559078-2131 (“Rättsakuten”), to its clients.
1.2 The terms form part of the agreement between Rättsakuten and the client when the client accepts a quotation or an engagement letter, signs an engagement agreement, or otherwise instructs Rättsakuten after having been provided with these terms.
1.3 Where the parties have entered into a separate engagement letter or agreement, that document prevails over these terms to the extent the two are irreconcilable.
2. The firm
| Firm | Rättsakuten AB |
|---|---|
| Registration number | 559078-2131 |
| Business | Legal advice and legal representation |
| Responsible | Fredrik Jörgensen, PhD (Economics), LL.M. (jur.kand.) |
| Address | Engelbrektsgatan 29, SE-114 32 Stockholm, Sweden |
| [email protected] | |
| Telephone | +46 70 775 63 34 |
| Website | rattsakuten.se |
2.1 Rättsakuten is a law firm of jurists. It is not an advokatbyrå and is not a member of the Swedish Bar Association (Sveriges advokatsamfund), and is therefore not subject to the Bar Association’s supervision or its consumer disputes board. Rättsakuten nonetheless observes the fundamental requirements of integrity, loyalty, confidentiality and care applicable to the provision of legal services.
3. Scope of the engagement
3.1 The scope of the engagement is determined by the quotation, engagement letter or other agreement between the parties, and may be varied by agreement during the engagement.
3.2 The engagement is accepted by Rättsakuten as a firm and not by any individual. Rättsakuten decides who within the firm is to handle the matter and may replace the responsible lawyer, having regard to the client’s interest in continuity.
3.3 Rättsakuten’s advice concerns Swedish law only and is based on the information and documents provided by the client, the client’s instructions and the law as it stands when the advice is given. Unless separately agreed, Rättsakuten is under no obligation to update advice in light of subsequent events or changes in law or case law.
3.4 Advice is given for the specific engagement. The client may not rely on or use the work product in any other matter or for any other purpose, and may not rely on earlier advice at a later stage without a fresh assessment.
3.5 Rättsakuten does not provide tax, accounting, technical or financial advice unless expressly included in the engagement letter.
3.6 No outcome in litigation, negotiation or administrative proceedings can be guaranteed. Assessments of prospects of success are estimates and do not constitute a warranty of result.
4. Client identification and anti-money laundering
4.1 To the extent the Swedish Act (2017:630) on Measures against Money Laundering and Terrorist Financing applies to the engagement, Rättsakuten is required to obtain customer due diligence information. The client shall on request provide identification documents, information on beneficial ownership, the source of funds and the purpose and nature of the engagement, and shall keep such information up to date.
4.2 Rättsakuten may be required to report suspicions of money laundering or terrorist financing to the Swedish Police Authority (the Financial Intelligence Unit) and is prohibited by law from informing the client that such a suspicion exists or that a report has been or may be made. In such cases Rättsakuten may be required to decline or withdraw from the engagement.
4.3 Rättsakuten is not liable for any loss caused directly or indirectly to the client as a result of Rättsakuten complying with its obligations under this section.
5. Conflicts of interest
5.1 Before accepting an engagement Rättsakuten checks whether there is any impediment arising from a conflict of interest. The client shall inform Rättsakuten of all circumstances relevant to that assessment, including the identity of the counterparty and of affiliated parties.
5.2 If a conflict of interest arises or is discovered after the engagement has been accepted, Rättsakuten may be required to withdraw. Rättsakuten is entitled to fees for work performed up to withdrawal.
6. The client’s cooperation
6.1 The client shall without delay provide complete and accurate information and all documents required for the engagement, and shall keep Rättsakuten informed of changes that may affect the matter.
6.2 Contact with counterparties, opposing counsel, courts and authorities shall normally be made through Rättsakuten. The client shall promptly inform Rättsakuten if the counterparty or its counsel contacts the client directly.
6.3 The client is responsible for observing deadlines notified to it and for responding in good time to Rättsakuten’s requests. Rättsakuten is not liable for loss of rights caused by incomplete or incorrect information or by late responses from the client.
7. Fees
7.1 Unless otherwise agreed in writing, the engagement is carried out on a time-spent basis at the following hourly rate:
Business clients: SEK 3,500 per hour, excluding VAT.
7.2 Value added tax is added at the applicable rate. Where the client is established outside Sweden, VAT is charged or reverse charge applied in accordance with the applicable VAT rules; the client shall provide its VAT registration number on request.
7.3 Fees are charged for all work attributable to the engagement, including review and drafting of documents, e- mail and telephone communications, internal case discussions, meetings, negotiations, attendances and travel time. The minimum billing unit per item of work is 15 minutes.
7.4 On request Rättsakuten will provide an estimate of the fee before the engagement begins. An estimate is based on experience of comparable engagements and the information available at the time. It is not an offer of a fixed price and is not binding. Rättsakuten will notify the client if it becomes clear that the fee will materially exceed an estimate given.
7.5 A fixed fee or a fee cap applies only where agreed in writing, and is conditional on the client providing complete information and otherwise complying with section 6.
8. Disbursements and additional costs
8.1 In addition to fees, the client is charged reasonable and documented costs attributable to the engagement, such as application and court fees, register extracts, service of process, translation, expert opinions, travel and accommodation. Rättsakuten obtains the client’s approval before incurring costs of material size.
8.2 Rättsakuten may require the client to pay a cost directly to the supplier or to provide an advance payment covering the cost.
9. Invoicing and payment
9.1 Rättsakuten invoices on a current basis, normally monthly in arrears, and issues a final invoice when the engagement is completed. Invoices specify time spent and disbursements.
9.2 Payment shall reach Rättsakuten no later than fifteen (15) days from the date of the invoice.
9.3 In the event of late payment, default interest accrues in accordance with section 6 of the Swedish Interest Act (1975:635), together with compensation for reminders and debt collection costs as provided by law.
9.4 Rättsakuten may require an advance payment on account. Advance payments are set off against subsequent invoices, and any excess is refunded when the engagement is completed.
9.5 If a due invoice remains unpaid despite a reminder and a reasonable period of grace, Rättsakuten may suspend work and, if the default is material, withdraw from the engagement under section 15.2. The client will be notified before work is suspended.
9.6 The client may not set off any counterclaim against Rättsakuten’s claim without Rättsakuten’s written consent.
10. Legal expenses insurance and adverse costs
10.1 Rättsakuten may assist the client in applying for cover under a legal expenses insurance policy. Whether cover is granted, and to what extent, is determined by the insurer under the policy terms.
10.2 The client remains liable to Rättsakuten for the full fee irrespective of whether and to what extent costs are covered by insurance, awarded against the counterparty or otherwise reimbursed. The client is liable for the deductible and for any amount exceeding the cover.
10.3 In litigation, a losing party may be ordered to pay the counterparty’s legal costs. That risk is borne by the client.
11. Confidentiality
11.1 Rättsakuten shall keep confidential all information entrusted to it in the engagement or otherwise obtained in the course of the engagement.
11.2 Confidentiality does not apply to the extent Rättsakuten is required by law to disclose information, or where disclosure is necessary to protect the client’s interests in the engagement or to establish or defend a legal claim against the client.
11.3 The client may not disclose Rättsakuten’s written advice, opinions or other work product to third parties without Rättsakuten’s written consent, except for the purpose of the engagement or where required by law or by order of a court or authority.
12. Intellectual property
12.1 Copyright and other intellectual property rights in work product created by Rättsakuten in the engagement vest in Rättsakuten. The client is granted a non-exclusive right to use the work product for the purpose of the engagement.
12.2 Rättsakuten may reuse the general knowledge, experience, templates and methods developed or applied in the engagement, provided that the client’s identity and confidential information are not disclosed.
13. Personal data
13.1 Rättsakuten processes personal data as controller to the extent necessary to perform the engagement, to comply with legal obligations, to establish, exercise or defend legal claims, and for Rättsakuten’s legitimate interests in administering its business.
13.2 Personal data may be disclosed to courts, authorities, counterparties and opposing counsel where required for the engagement, and to Rättsakuten’s IT and administrative service providers processing data on Rättsakuten’s behalf.
13.3 Information on the processing, retention periods and data subject rights under Regulation (EU) 2016/679 (GDPR) is set out in Rättsakuten’s privacy policy, available at rattsakuten.se and on request.
14. Communications and technical tools
14.1 Unless otherwise agreed, communication takes place by e-mail and other electronic means. The client is aware that such communication involves security and confidentiality risks and that spam filters and similar functions may prevent messages from reaching the recipient. Rättsakuten is not liable for loss arising from such risks unless caused by its negligence.
14.2 Rättsakuten may use digital tools, including systems based on artificial intelligence, as aids in the engagement. Such tools are used only in environments where client data is not made available to third parties and is not used to train publicly available models. All work product is reviewed by, and remains the responsibility of, the responsible lawyer. The client may at any time request in writing that such tools not be used in the engagement.
14.3 Documents may be signed electronically, and the parties accept electronic signatures as binding.
15. Liability and limitation of liability
15.1 Rättsakuten is liable for loss caused to the client by error or negligence in the performance of the engagement.
15.2 Rättsakuten’s liability is limited to an amount equal to two times the fees invoiced in the engagement, and in any event to the amount payable under Rättsakuten’s professional indemnity insurance in the individual case. The limitation does not apply in cases of wilful misconduct or gross negligence.
15.3 Rättsakuten is not liable for indirect or consequential loss, including loss of profit, loss of production or loss arising from third-party claims.
15.4 Rättsakuten is not liable for loss arising from the client’s use of the work product in another matter or for a purpose other than that of the engagement, or from incomplete or incorrect information provided by the client.
15.5 Rättsakuten’s advice is addressed to the client only. Rättsakuten assumes no liability to third parties for work product or advice, whether or not the third party has received it with Rättsakuten’s consent.
15.6 Claims against Rättsakuten shall be made within a reasonable time after the client became aware, or ought to have become aware, of the circumstances on which the claim is based, and in any event no later than twelve (12) months after the date on which the work concerned was performed or, if the engagement was then ongoing, no later than twelve (12) months after its completion.
15.7 Rättsakuten maintains professional indemnity insurance. Details of the insurer and the sum insured are provided on request.
16. Termination
16.1 The client may terminate the engagement at any time by notice to Rättsakuten. Rättsakuten is then entitled to fees and disbursements for work performed up to termination.
16.2 Rättsakuten may withdraw from the engagement on reasonable grounds, including a conflict of interest, the client’s material payment default, incorrect information or instructions that Rättsakuten cannot follow, or where Rättsakuten is required by law to withdraw.
16.3 On withdrawal Rättsakuten shall take the measures necessary to prevent the client from suffering a loss of rights, including monitoring running deadlines to a reasonable extent until the client has had the opportunity to instruct other counsel.
16.4 An engagement is regarded as completed when the agreed work has been performed or when Rättsakuten has notified the client in writing that the engagement is closed.
17. Retention of files
17.1 Rättsakuten retains documents and information relating to the engagement for the period required by law and by good practice in the provision of legal services, as a starting point ten (10) years from completion of the engagement.
17.2 The client’s original documents are returned on request once the engagement has been completed and the final invoice has been paid. Rättsakuten may retain copies for its records.
18. Complaints
18.1 If the client is dissatisfied with Rättsakuten’s services, the client shall raise the matter in writing with Fredrik Jörgensen at the address stated in section 2 as soon as possible. Rättsakuten responds to complaints promptly and normally within fourteen (14) days.
19. Amendments
19.1 Rättsakuten may amend these General Terms. The version in force from time to time is published at rattsakuten.se.
19.2 An ongoing engagement is governed by the terms accepted by the client when the engagement began. An amendment takes effect in an ongoing engagement only if the client has been notified of it in a durable form and has accepted it, or if the amendment is required by law.
20. Governing law and jurisdiction
20.1 These terms and the engagement are governed by Swedish law, excluding its conflict of law rules.