Terms + Conditions

Standard terms of Engagement

These standard terms of Engagement are solely indicative , each client shall sign beforehand an individual Letter of Mission and a Power of Attorney.

INterpretation and definition

In these Terms:

(a) "we", "our" or "us" means Saint & Son, Law-Firm- Avocat, AB (Org. no. )

(b) "you", "your", the “client” means the person(s) to whom our letter of engagement is addressed;

1. Scope. These Standard Terms of Engagement are an integral part of the terms and conditions governing the relationship between our firm and you including the engagement letter and power of attorney. These Terms apply from 1st January 2018 in respect of any work carried out by us for you, except to the extent that we may otherwise expressly agree with you evidenced in writing and signed by both parties.

2. Authority. You expressly warrant that you are duly authorized to execute these Terms and/or to represent the Client including joint and several liability for and/or on their behalf for payment of the legal services and other charges included in the Terms.

3. Provision of Services. The services which we are to provide for you are outlined in our engagement letter and power of attorney.

4. Financial.

a. Fees.

i. Fees and the manner of their calculation are set out in our engagement letter.

ii. If a fixed fee is agreed, we will charge according to the agreed scope of our services. Any work falling outside that scope will be charged at hourly rates. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and, if requested, provide an estimate of further costs.

iii. Where fees are calculated on an hourly basis, hourly rates are set out in our engagement letter. Time is recorded in units of 15 minutes per hour, rounded up to the next unit.

b. Invoices, disbursements and expenses.

i. If disbursements arise or payments are made on your behalf these will be included in your invoice.

ii.We may require an advance payment for disbursements or expenses which we will be incurring on your behalf. Any applicable value added taxes or other charges for the services is payable by you, the rates for legal fees given in the letter of engagement are exclusive taxes and other charges.

iii. Interest for late payment will accrue on the account rendered amount as per the letter of engagement.

iv. Invoices are payable as per the terms set out in the letter of engagement from date of the invoice, unless alternative arrangements have been made in writing with us.

c. We may ask you to prepay fees and expanses a-conto, by retainer, or to provide security.

d. You expressly authorise us to debit against amounts pre-paid by you, and to deduct invoiced fees, expenses and disbursements from any funds held on your behalf in our client account.

e. Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.

f. Notwithstanding any provision within the letter of engagement and in addition to any other amounts set out under the Terms, we are entitled to recover all time incurred by us in the recovery of unpaid account debts at the rate of 250 Euro per hour plus all costs incurred (in addition to any interest and the original billed amount together with all court fees and actual costs of serving any documents related to such proceedings).

g. We have the right to retain original documents and correspondence on your file until such time as all outstanding fees, disbursements and other expenses have been paid. If you decide for whatever reason to instruct another firm they will be required to give an undertaking to us to pay all outstanding fees and disbursements before we release your file. This is in addition to all other rights of recovery.

h. Where we are unable to work for you or are required to cease working for you by Bar Rules, applicable law we shall, where permissible, notify you of such in writing. If fees are not paid in accordance with the Terms we have the right to cease working on any or all matters in which we are instructed by you and are not required to notify you of, or forward to you, any correspondence regarding such matters.

5. General Security. In relation to unbilled work and fees rendered we reserve the right to register a security charge over your assets in order to secure any unpaid fees on the terms of this agreement, including where appropriate and at our option, any personal assets. You expressly agree this, and also acknowledge and agree that this agreement constitutes an irrevocable power of attorney to us to execute the necessary authority and instruction documents should this be necessary.

6. Confidentiality. We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you and will not disclose any of this information to any other person except to the extent necessary or desirable to enable us to carry out your instructions; or to the extent required by law or by the Swedish Bar Rules of Conduct.

7. Termination.

a. Unless otherwise agreed under clause 7.c. you may terminate our retainer at any time.

b. We may terminate our retainer in any of the circumstances set out in the Swedish Bar Rules of Conduct.

c. For outsourced (outside) legal counsel services the period of notice under clause 7.a. does not apply. The minimum period of notice is 3 months or as otherwise agreed in the outside legal counsel agreement executed between us.

d. If our retainer is terminated, you must pay all fees due up to the date of termination and all expenses incurred up to that date.

8. Retention of files and documents. You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we are instructed to (or have notified you in writing that we) hold in safe custody for you) 7 years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.

9. Duty of Care. Our duty of care is to you as our Client and not to any other person.

10. Trust Account. We maintain a client trust account for all funds which we receive from and on behalf of clients (except monies received for payment of our invoices). Use of the account is governed by and in accordance with Swedish law and the Swedish Bar Rules and Code of Conduct.

11. General

a. These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.

b. We are entitled to change these Terms from time to time, in which case we will send you amended Terms.

c. Our relationship with you is governed exclusively by Swedish law.

d. Conflicts.

i. We have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Swedish Bar Rules of Conduct.

ii. The Swedish Bar (Sv. “Advokatsamfundet”) Consumer Dispute Board handles all disputes regarding fees and other disputes between consumers and Swedish Bar Members or Bar Member Law Firms arising after the 11 January 2016.

iii. Before turning to the Consumer Dispute Board, you must first address your complaint in writing to your Attorney and endeavour to solve the dispute amicably.

iv. In order for the Consumer Dispute Board to handle the case, the consumer must contact the Board within one year from the date when the written complaint was addressed to the Attorney.

v. The contact details to the Consumer Dispute Board are as follows: Konsumenttvistnämnden, Sveriges Advokatsamfund, Box 27321, 102 54 Stockholm (www.advokatsamfundet.se/Konsumenttvistnamnden), telephone: +46 (0)8-459 03 00, Email: konsumenttvistnamnden@advokatsamfundet.se

e. Jurisdiction: Swedish Law is applicable to our contractual relationship (as well as the rules of the Swedish Bar Association). The jurisdiction for any issue regarding recovery of fees and costs is Sweden and Swedish Courts (Stockholm Court of Justice) enforcement of decisions is executed by Swedish Enforcement authorities for enforcement in Sweden or abroad.