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GENERAL TERMS & CONDITIONS
Rosengrens Advokatbyrå i Göteborg AB

General conditions
These general terms and conditions are applied by Rosengrens Advokatbyrå i Göteborg AB (“Rosengrens”) for all assignments performed on behalf of the client.

In addition to these terms and conditions, the following apply:

Deviations from these terms and conditions may also result from the confirmation of the assignment or from other agreements specified for the specific case.

The general terms and conditions may be amended from time to time and the current version is available at www.rosenlaw.se. The version in force at the time the assignment was confirmed applies to the assignment.

Client knowledge and personal data

Conflict of interest
Before Rosengrens accepts a new assignment, an assessment is made of whether there is a conflict of interest or other impediment to accept the assignment in accordance with the Swedish Bar Association’s Code of Conduct. Such an assessment may also be made during an ongoing assignment if new circumstances arise.

If a conflict of interest arises during an ongoing assignment, Rosengrens is prevented from continuing the assignment and must resign. Upon resignation, Rosengrens is entitled to compensation for the work and costs incurred to date.

Money-laundering etc.
Rosengrens has a legal obligation to obtain information about the client and the assignment that makes it possible to identify the risk of money-laundering and terrorist financing. This obligation involves obtaining knowledge of the client, the person/s who control the legal entity and – in case of a corporation – investigate ownership.

The client may therefore be asked to provide, for instance:

  • Identity documents
  • Answers to certain questions

Such information shall be followed up on an ongoing basis during the assignment.

If the requested information is not received, Rosengrens is prevented from accepting the assignment, or – if an assignment is already accepted – to resign. In the event of a resignment, Rosengrens is entitled to compensation for fees and costs incurred to date.

In case of suspicion of money-laundering or terror financing, Rosengrens is obliged by law to report the suspicion to the Financial Police. Rosengrens is prevented from informing the client if such a report is being considered or has been made.

VAT-number
When Rosengrens provides services to a client from another country within the EU VAT area and there is no obligation to charge Swedish VAT, Rosengrens is legally obliged to provide the client’s VAT number to the Swedish Tax Agency as well as the value of the services provided. If the client does not accept this, the assignment cannot be accepted.

Personal data
Rosengrens is responsible for personal data collected in connection with a request for a potential assignment or during an existing assignment. Information on how Rosengrens processes personal data is set out in the Privacy Policy applicable from time to time. The Privacy Policy can be found on www.rosenlaw.se.

Client
Rosengrens’ mandate includes safeguarding only the client’s interest.

Rosengrens’ advice to the client is provided within the framework of the specific assignment. No one else is therefore entitled to rely on the advice or take part in it.

Legal entity
If Rosengrens acts for a company or other legal entity, it is the company or legal entity that is Rosengrens’ client and not its representatives, shareholders, partners, or other person in a similar position. Rosengrens’ assignment involves only the interest of the represented legal entity.

Assignment
The assignment is concluded between the client and Rosengrens. One of Rosengrens’ lawyers has the primary responsibility for each assignment. The lawyer responsible for the assignment appoints the lawyers and other personnel who are deemed to be able to handle the assignment in an appropriate manner.

The scope of the assignment is specified in the assignment confirmation, contract or otherwise when the assignment is accepted. Depending on how the case develops, the scope of the assignment may subsequently change.

Rosengrens’ commitments never mean that a certain result is guaranteed in the case.

Legal advice
Rosengrens’ advice is based on the circumstances, facts and information received from the client in the individual assignment. Rosengrens assumes that such information is complete and correct.

The advice given is based on the circumstances and legal situation prevailing at the time the advice is given.

The client can only rely on the information presented in final versions of documents sent by Rosengrens. Drafts thus constitute only preliminary assessments.

When performing an assignment, Rosengrens may rely on, or provide the client with, information obtained from third parties (e.g. valuers, experts, or witnesses) or from public records and/or documents. Such information is not always accurate or complete. If such information/documentation is provided by Rosengrens, the client is obliged to review it to ensure that the content is correct.

Rosengrens only provide legal advice and does not provide advice on, for example, tax, financial or commercial matters.

Rosengrens only provide advice in accordance with applicable Swedish law. At the client’s request, Rosengrens will, to the extent possible, assist in identifying, contracting, informing, or instructing foreign advisors. Rosengrens assumes no responsibility for advice provided by such advisors.

Communication
Rosengrens accept instructions regarding the assignment from those persons whom it has reason to assume are authorized to give them.

Unless otherwise notified by the client, Rosengrens assumes that communication can take place with the client via e-mail and the Internet even though such communication may entail risks from a security and confidentiality perspective. Rosengrens is not liable for damage that may arise through communication via e-mail or the Internet.

Spam and virus filters may sometimes reject or filter out e-mails. For this reason, the client should appropriately follow up on important e-mails to Rosengrens.

Confidentiality
During the performance of the assignment, Rosengrens is obliged to observe confidentiality in accordance with the law and the Swedish Bar Association’s Code of Conduct. All information received within the framework of the assignment and relating to the client, or its affairs is subject to confidentiality.

Information covered by the confidentiality commitment will not be disclosed to anyone, except with:

  • The client’s consent
  • The client’s instructions
  • Applicable law
  • The Swedish Bar Association’s Code of Conduct
  • Order of a court or other authority

If Rosengrens, within the framework of the assignment, engages or collaborates with another advisor or professional, Rosengrens is entitled to disclose information that is deemed to be relevant for the advisor or professional to be able to give advice or provide the relevant service.

Intellectual property rights and documentation
The copyright and other intellectual property rights to documents and working materials created within the framework of the assignment belong to Rosengrens. The client is entitled to use the result for the purposes for which they were produced. Accordingly, unless specifically agreed, documents or other work results may not be publicly disseminated, used for the production of copies, or displayed for purposes other than those for which the documents or work results were produced.

When an assignment is terminated, Rosengrens is obliged to archive all relevant documents, digitally or in paper form, for the time required by law or other provision for the current assignment and the Swedish Bar Association’s Code of Conduct. This means that Rosengrens cannot destroy or return documents but is obliged to retain a copy until the archiving period has expired. After this time, Rosengrens reserves the right to destroy the documents without prior notice to the client.

The client is entitled to recover original documents submitted to Rosengrens or created within the framework of the assignment in connection with the termination of the assignment. If valuable documents are sent at the client’s request, this will be done at the client’s risk.

Remuneration
Rosengrens charges for work performed, including VAT, in accordance with the Swedish Bar Association’s Code of Conduct. This means that the fee shall be reasonable and – unless otherwise agreed – based on an overall assessment where a number of factors are considered such as:

  • Time spent
  • The scope and nature of the assignment
  • Degree of difficulty
  • Similar circumstances

Rosengrens’ hourly fee varies depending on the experience of the lawyers involved and the nature of the assignment.

In addition to the fees, other costs incurred within the framework of the assignment, such as filing fees and travel expenses, are also charged.

Hourly rates may be adjusted during the course of the assignment. The review and possible adjustment of hourly rates is usually done at the beginning of each calendar year.

An estimate of the total cost of an assignment is – unless otherwise expressed in writing – exclusive of VAT and any disbursements. An estimated total cost is not binding unless specifically agreed otherwise.

If the matter is proceeded in trial or in an arbitration procedure, the client is obliged to pay for Rosengrens’ fees regardless of the outcome of the trial. If the fee awarded to the client in a trial is lower than the fee earned by Rosengrens, Rosengrens is entitled to invoice the client for the full amount.

Rosengrens charges on a current account basis per commenced fifteen-minute period. An itemized statement of work will be provided on request.

Legal protection
If the assignment involves a dispute, legal protection insurance may, under certain conditions, cover a part of the client’s costs as well as any liability for the counterparts’ costs. Generally, certain types of disputes are excluded from the scope of the insurance.

Legal protection insurances do not cover all costs; there may be limitations regarding hourly fees and a maximum amount that can be awarded. In addition, the client is required to pay a deductible.

Rosengrens has the option of agreeing with the client on an hourly fee that exceeds the hourly fee reimbursed by the insurance company. The difference between what the insurance company reimburses and what the agreed fee amounts to must be paid by the client to Rosengrens.

Clients who wish to use their legal protection insurance must notify Rosengrens at the start of the assignment.

Invoicing and expenses
Rosengrens is entitled to charge the client a fee plus VAT on a monthly basis or on account. Payment shall be made within 15 days of invoicing or by the later date stated in the invoice. In the event of late or non-payment, penalty interest is charged in accordance with the Interest Act (SFS 1975:635) from the due date of the invoice until payment is made.

Rosengrens is entitled to charge fees monthly, even if the client has a legal protection through an insurance company that only allows on account settlement on a semi-annual basis. The client is fully liable for Rosengrens’ claim even if the insurance company has objections to the compensation claim.

Any expenses incurred by Rosengrens in connection with the performance of the assignment may be invoiced immediately. Major expenses, e.g. for inspections or other expert opinions, are only made if the client pays in advance an amount corresponding to the estimated cost.

Invoicing to a party other than the client can only be accepted if it is clear that this is not against the law, the Swedish Bar Association’s Code of Conduct, or any other obstacle.

Advance payment
Rosengrens reserves the right to request advances in both new and ongoing assignments. Unless otherwise agreed, the processing of the assignment will not begin until the requested advance payment has been made.

Advances will be held in Rosengrens’ client funds account and settled against invoices and/or other costs incurred in the performance of the client’s assignment.

Termination and resignation
The client is at any time entitled to terminate the assignment with Rosengrens.

Under certain circumstances, the assignment may also be terminated prematurely at Rosengrens’ initiative based on law or the Swedish Bar Association’s Code of Conduct.

If an obligation arises for Rosengrens to report a client to the Police Authority (Financial Police) due to suspicion of money laundering and/or terrorist financing, the assignment will be terminated with immediate effect.

Upon termination of the assignment, the client is obliged to reimburse Rosengrens for accrued fees, costs, and expenses up to and including the date of termination of the assignment.

Rosengrens is not obliged to provide the client with further advice after the completion of the assignment regarding legal developments in matters that are related to or can be assumed to affect the subject matter of the previous assignment.

Marketing
For marketing purposes, Rosengrens may request that the client accepts that Rosengrens publishes information that Rosengrens has represented the client and briefly describe the nature of the assignment. The client is always entitled to refuse such marketing.

Limitation of liability
Rosengrens is only liable for such damage caused to the client as a result of errors or omissions in the performance of the assignment. When calculating damage, no compensation is paid for indirect damage such as loss of profit, loss of turnover, loss of or failure to conclude a business agreement, loss of goodwill etc.

Rosengrens is not liable for damage or delay resulting from circumstances beyond Rosengrens’ control, which could not reasonably have been expected when the assignment was accepted or the consequences of which Rosengrens could not reasonably have avoided or overcome.

Although Rosengrens has given an idea of what the outcome of a case may be, Rosengrens has no responsibility if this outcome is not achieved.

Rosengrens is not liable for damage, either direct or indirect, arising from information provided by the client or provided on the client’s behalf that later proves incorrect. Rosengrens is not liable for damage arising from the obligation to notify under the money laundering regulations.

Rosengrens is not liable for damage or loss if work results or advice within the framework of the assignment are used incorrectly or in a context other than the intended. Similarly, Rosengrens accepts no liability for damage to third parties that they suffer as a result of the client’s use of documents or Rosengrens’ advice.

When hiring external experts within the framework of the assignment, such experts are independent in relation to Rosengrens. No responsibility is therefore assumed for advice provided by an external expert.

If the client has accepted that another advisor has limited its liability, this does not increase Rosengrens’ liability.

The client is obliged to limit any damage incurred. Rosengrens’ liability is limited to the damage suffered by the client. This means that the damage shall be reduced by all amounts that can be paid out from any insurance policy taken out by the client, on behalf of the client, or any agreement or indemnity to which the client is a party or beneficiary.

Rosengrens’ liability for damage is limited to SEK 3,000,000 or the higher amount that applies under such liability insurance applied to the assignment in question.

The limitation of liability under these terms and conditions covers Rosengrens as well as current and formerly employed senior associates, associates, and other personnel.

Disputes
Any dispute arising from the assignment shall be settled by a court of general jurisdiction in accordance with Swedish law.

Consumer disputes
Consumers who have a dispute with their lawyer over fees or other financial claims can get help from the Swedish Bar Association’s Consumer Disputes Committee to resolve the dispute. A lawyer is obliged to participate in the board’s examination and to comply with the board’s decision.

Contact details for the Consumer Disputes Committee:
Postal address: Box 27321, 102 54 Stockholm
E-mail: konsumenttvistnamnden@advokatsamfundet.se

For further information:
https://www.advokatsamfundet.se/konsumenttvistnamnden/about-the-committee/