Terms of engagement

Application

The following terms apply to the services that Guard Advokater AB (the "Firm") provides to you (the "Client"), unless otherwise required by mandatory law or the Swedish Bar Association's Code of Professional Conduct.

Performance of the engagement

All engagements received by the Firm shall be performed in accordance with good professional conduct for advocates. Amendments and additions to an engagement shall always be made in writing.

The Firm's advice is tailored to the circumstances of the individual case. The Client must present all relevant circumstances and must not omit information that may be significant to the assessment of the matter.

The Client may not rely on the advice given in relation to any other matter or use it for any purpose other than that for which it was given.

The Firm provides legal advice on Swedish law and is not responsible for advising the Client on matters that may be governed by the laws of another country. The Firm may express a view on the legal position in other jurisdictions based on general experience, but this does not constitute legal advice on which the Client can rely. Such advice must instead be obtained from local experts.

If the Client has appointed a representative to handle the matter, the Firm will act on instructions received from that representative and assume that the representative is authorised to give instructions on the Client's behalf.

The Firm accepts the Client's engagement as an engagement for the Firm and not for an individual person, unless the engagement is received through a public appointment.

The Firm assumes that information and documents provided by the Client are true. Unless there are special reasons, the Firm is not obliged to verify the accuracy or authenticity of information and documents provided by the Client.

In accordance with the Code of Professional Conduct, all employees of the Firm are bound by professional secrecy regarding the Client and the information entrusted to us. Secrecy can only be waived with the Client's consent. Beyond this, information may only be disclosed in accordance with specific statutory provisions.

Fees

The Firm is entitled to a reasonable fee for its work. The fee shall be consistent with good professional conduct and is based on factors such as the nature, difficulty, scope and importance of the engagement, the time spent, the experience, skill and urgency required, and the result achieved.

The Client is charged for all work performed in a matter, such as phone calls, meetings, email correspondence, drafting of documents, preparation for meetings and court hearings, legal analysis, calculations, etc. In addition, time spent travelling to meetings or court hearings is charged.

Fees are charged on an ongoing basis according to the Firm's hourly rate applicable at the time. The Client shall be informed of the hourly rate at the first meeting. If the nature or complexity of the engagement proves greater than initially expected, the hourly rate may be adjusted, in which case the Client shall be informed in writing. The hourly rate is the same regardless of who at the Firm performs the work. The Firm reserves the right to adjust the hourly rate once per calendar year. VAT is added to the hourly rate.

If the Client has legal expenses insurance and the hourly rate exceeds the insurance rate, the Client is charged the difference. If the insurance only covers part of the invoiced fee, the Firm is entitled to invoice the Client for the remainder.

The Firm is entitled to request advance payments for fees and expenses. If an advance or invoiced fee is not paid, the Firm is entitled to withdraw from the engagement.

When the engagement ends, the Client receives a final invoice less any amounts already paid. If client funds held exceed the invoiced fee, the difference is refunded to the Client.

Where the Firm offers a fixed-price service (corresponding to a maximum number of hours), payment shall be made into the Firm's client account. The Firm may discontinue the engagement if its scope can no longer be handled within the fixed price, in which case the Client shall be informed that continued work will be charged at the hourly rate if the Client wishes the Firm to continue. The engagement may also be discontinued if the Firm considers it to fall outside its practice areas.

Invoicing

Fees, costs and expenses are invoiced on an ongoing basis, normally monthly, unless otherwise agreed in writing. This applies even if legal expenses insurance or legal aid has been granted; in that case settlement takes place after the engagement has ended.

Invoices are payable within ten (10) days. Late payment interest according to law is charged from the day falling ten (10) days after the invoice date. Payment deferral may be granted for special reasons if specifically agreed. If an invoice is not paid on time, the Firm may cease further work or withdraw from the engagement.

For late payment, a reminder fee of SEK 250 is charged to private individuals and a late fee of SEK 450 to businesses. Late payment interest is charged in accordance with the Swedish Interest Act.

Communication

The Firm communicates with clients and others involved in an engagement in several ways, including email, text message and phone. By entering into an engagement with the Firm, the Client consents to communication by email, text message and phone. The Client may withdraw this consent at any time by written notice to the Firm.

The Client's contact details are registered at the first contact with the Firm. If the Client changes email, phone number or postal address, the Client must notify the Firm in writing at info@guardadvokater.se. The Firm accepts no responsibility for legal losses caused by incorrect or outdated contact details.

Retention of documents

The Firm stores the documents of a matter digitally in a secure case management system. The Firm does not receive or retain original documents.

When the engagement has been completed or otherwise ended, the Firm shall return documents belonging to the Client, unless the Client specifically requests that the Firm continue to keep them. The Client agrees that documents may be sent digitally to the Client's email address. If the Client wants paper copies, the Firm is entitled to reasonable compensation for copying.

After completion, the Firm archives documents digitally for ten years or such longer period as the nature of the engagement requires. Thereafter, the documents are destroyed in compliance with the rules on confidentiality.

Processing of personal data

The Firm is the data controller for personal data received in the course of its legal practice or otherwise processed in contact with authorities. We process personal data in accordance with our privacy policy, which is available on our website and in paper form on request.

Term

An engagement agreement is entered into per matter and normally ends when the Firm has completed the agreed work. Where the engagement concerns representation before a court or authority, it is considered completed upon the judgment or decision. If the Client wishes to appeal, the engagement continues on the same terms once a power of attorney for the appeal has been received.

The Client may terminate the engagement at any time by requesting in writing that the Firm no longer represent the Client. The Client remains liable to pay for work performed and expenses incurred before termination.

If the Firm does not receive necessary instructions, information, documents, power of attorney or similar within a reasonable time after requesting them, the Firm may withdraw from the engagement immediately.

In any event, an engagement ends when the Firm has completed it in accordance with the Client's instructions.

Limitation of liability

Subject to the limitations in these terms, the Firm is liable for damage caused to the Client by the Firm's error or negligence in performing the engagement. The Firm's liability does not include loss of profit or other indirect loss. Liability is limited to direct damage and to an amount corresponding to the insurance payout under the Firm's mandatory professional liability insurance at the time of the damage, currently a maximum of SEK 3 million.

Cancellation

Where the service purchased is advice or another service ordered by a private individual (consumer) by phone or email, the Swedish Distance Contracts Act applies. By accepting our terms, you agree that the service begins after ordering and that you therefore have no right of withdrawal for services performed. A booked advice session may be cancelled free of charge no later than 24 hours before the agreed time. Cancellation must be made in writing to info@guardadvokater.se. For late cancellation, an administrative fee of SEK 450 is charged.

Where the engagement concerns a fixed-price service, the cost of time actually spent is invoiced at the Firm's applicable hourly rate up to the original fixed price.

Complaints

If the Client is dissatisfied with how the engagement was performed or with the fee charged, the Client may raise the complaint with advocate Sadik Kutlu at the Firm.

If the dissatisfaction remains, a complaint may be submitted to the Swedish Bar Association.

A Client who is a consumer may turn to the Consumer Disputes Board (Konsumenttvistnämnden) at the Swedish Bar Association. A consumer is a natural person acting for purposes outside a business. The dispute can only be considered by the Board if it is not being handled or has not been decided by a court.

The consumer must turn to the Board within one year after the complaint was made to the advocate. The Board shall decide the matter within 90 days. An advocate is obliged to comply with the Board's decisions.

Konsumenttvistnämnden: Box 27321, 102 54 Stockholm, Sweden. Phone: +46 8 459 03 00. Email: konsumenttvistnamnden@advokatsamfundet.se. Website: www.advokatsamfundet.se/konsumenttvistnamnden