Terms and Conditions

These general Terms and Conditions apply to all services provided by Gylling advokatbyrÄ AB.

1 General and information on good legal advice

The law firm and its employed lawyers are subject to the requirement to adhere to a good lawyer’s opinion, as expressed in the Bar Association’s guiding rules on good lawyer law. This means a security for the client. The law firm observes, among other things, confidentiality and discretion, keeps the client updated in the matter and holds the necessary insurances.

Good legal advice means, among other things, that situations of conflict must be avoided. The law firm may have to resign or refrain the opportunity to take on an assignment because of conflict. The law firm will work within the framework of good lawyer law and valid legislation to safeguard the client’s interests. The law firm must not promote injustice.

2 Hiring of the law firm

As a general rule, we start an assignment with a personal contact/ meeting. During the contact/meeting, we go through the prerequisites for the matter with you and make our preliminary assessment based on the investigation that could be carried out. We then submit our recommendations regarding the matter’s continued handling and inform the client about our billing model.
It is the law firm and not an individual lawyer who is hired by the client. That means that potentially other lawyers employed by the agency may work on the case.

3 Advice

The law firm’s legal assessments are based on the law firm’s overall experience and knowledge as well as the information provided by the client to the law firm.

Regardless of the judgment given, the law firm can never guarantee legal success in court disputes. There is always an uncertainty regarding ex-ante assessments of the expected outcome in court. The counseling does not include assessment of, or responsibility for, tax consequences.

4 Privacy

The law firm adheres to the Bar Association’s guiding rules on good legal counsel regarding confidentiality. This means that confidentiality will be fully respected in so far as the law firm is not required by law to disclose certain information.

5 Intellectual property rights

The law firm maintains copyright and other intellectual property rights to work results. The client is entitled to use the work result for the purposes resulting from the assignment.

6 Fees and invoicing

The law firm’s fees are calculated according to a number of different factors such as time spent, severity / complexity, skill and experience, disputed values, time pressure and achieved results. Charged fees must always be reasonable.

The client is informed at the beginning of the case of which hourly rate will form the basis for the calculation of the fee. If legal aid or legal protection insurance can be used for the case, the law firm helps with such an application by agreement.

Conditions for granting legal aid are stated in the Legal Aid Act. The authorities/court decides whether legal aid can be granted in case of legal protection decides the insurance company in each individual case, based on applicable conditions, whether legal protection is granted or not.

The hourly rate that applies to the case may be higher than the amount of compensation in the client’s insurance, which is why the client in these cases may pay the difference between the insurance compensation and the amount charged by the law firm. Normally, the client also pays an excess in accordance with the insurance terms.

In addition to the fee, the law firm charges for necessary costs such as application fees, examinations, inspections, valuations, travel and accommodation when required.

Invoicing takes place on an ongoing basis and the law firm reserves the right to enforce a 14-day payment term.

Interest on late payment according to the Interest Act is charged upon delayed payment.

The law firm usually leaves a work statement in connection with final billing and always at the request of the client.

The law firm may request prepayment on fees and expenses. Prepaid fees are deducted from future invoices. The final cost can thus be higher or lower than the prepaid fee.

If the case involves litigation in court or arbitration tribunal, a judgment normally means that the losing party may pay the winning party’s legal costs. In some cases, not all costs are reimbursed by one party, but the client is nevertheless obliged to pay the entire fee to the law firm.

The law firm has the right to, after invoice, lift compensation as described above from the client’s outstanding funds on the client funds account.

7 Termination

The client can terminate his case with the law firm at any time, without regard to the notice period or disclosure for reasons. The law firm may terminate the assignment if there is a reason, in accordance with the Bar Association’s guiding rules on good legal practice, to do so.

8 Documents and archiving

The law firm does not undertake assignments for the storage of original documents. Original documents are always submitted to the client in connection with the execution of the assignment, or after completion of the mission.

The law firm records copies of documents and work material in accordance with law and legal rules.

9 Limitation of Liability

The law firm’s liability for damage caused to a client as a result of errors or omissions on the part of the Agency in the execution of the assignment is limited to a maximum of SEK 3 million.

The law firm’s liability shall be reduced by the amount that the client may receive from insurance that it has signed or is covered by, if this is not incompatible with the insurance terms.

Employed external consultants, advisors, professionals etcetera is considered independent of the law firm regardless of whether they have been hired directly by the law firm or the client. The law firm is therefore not responsible for their work.

10 Dispute

In the case of a client’s financial claim against the law firm or in the event of a dispute concerning the reasonableness of the fee, a client who is a consumer has the opportunity to turn to the Consumer Disputes Committee; https://www.advokatsamfundet.se/konsumenttvistnamnden/. The law firm is, in accordance with good lawyer law, obliged to follow the committee’s ruling. In order for the client’s application to be tested, however, the client must first have tried to reach a consensus solution with the law firm. Disputes in general are examined by a public court. The client should always, as a first step, seek a settlement with the law firm.