General Terms and Conditions for JHN Advokat AB

These General Terms and Conditions apply to all assignments carried out by JHN Advokat AB, corporate identity number 559266-8114 (‘the Law Firm’ or ‘we’). It is noted that the law firm was previously called Advokatfirman Hållén AB. In addition to these General Terms and Conditions, the Code of Conduct of The Swedish Bar Association (‘Bar Association’) shall apply. By retaining the services of the Law Firm, you are considered to have agreed to these General Terms and Conditions. We may change these General Terms and Conditions from time to time. The latest version is always available on our website, www.jhnadvokat.se. Changes to the Terms and Conditions apply to assignments that commence after the amended version is posted on our website. The latest version of these Terms and Conditions can be sent to you on request.

​​

1 Assignments and advisory services

1.1 The scope of each assignment is agreed between the client and the Law Firm before work commences. If required by the rules of the Bar Association, we will send you a written confirmation of the scope of the assignment. Each assignment will be undertaken by partners and/or other persons working for or engaged by the Law Firm in the most appropriate and efficient manner for the matter based on the expertise required. The Law Firm will protect the client’s interests to the best of its ability, within the framework of the Code of Conduct and good legal practice. Any assignment we undertake will be carried out with care, diligence and due promptness.

 

1.2 The assignment is a contract with the Law Firm and not with any natural person associated with the Law Firm. This applies even if it is your explicit or implicit intention that the work be carried out by one or more particular persons within the Law Firm. The Law Firm’s partners and other persons working for or engaged by the Law Firm are subject to these Terms and Conditions and have no individual liability to you.

 

1.3 All aspects and issues involved in one transaction or business arrangement are considered to be a single engagement, even if it involves several legal or natural persons, covers several different areas of law, several separate invoices are issued, or the work is carried out by several different lawyers.

1.4 Our advice is tailored to the circumstances of the specific assignment and the facts and instructions we have received from you. Accordingly, you cannot rely on advice given to you in another assignment or use it for a purpose other than that for which it was given.

1.5 Our advice relates only to Swedish law and does not cover any other jurisdiction. If we express an opinion on the law of other jurisdictions in an individual case, it is based solely on the Law Firm’s general experience of legal matters in such jurisdictions. Such statements are not legal advice on which you should rely.

1.6 The advice we give you is based on the legal situation at the time it is given. Unless we specifically agree otherwise, we do not undertake to update the advice we have given if the legal position changes subsequently.

2 Internet and email

2.1 We regularly communicate with our clients and other parties via email. If you would prefer not to communicate via email in any assignment, please let us know as soon as possible. Otherwise, you are deemed to consent to communicate in this way. We do not accept any liability for any damage that may arise from such communication.

2.2 On occasion, our spam and anti-virus filters and other security systems may reject or filter out emails. You should therefore ensure that we have received important emails.

3 Fees and invoicing

3.1 Our fees comply with the rules of the Bar Association. Unless otherwise agreed, our fees are based on a number of factors such as time spent, the skill and experience required for the assignment, the amounts involved, any potential risks for the Law Firm, time aspects and the result achieved.

3.2 Prior to starting an assignment and at your request, we can, if possible, provide an estimate of our fee. An estimate is based on the information available to us at the time of the estimate and is not a fixed price offer. If requested, we can also keep you informed of the fees incurred throughout the assignment.

3.3 All fees are exclusive of VAT. Unless otherwise agreed, we invoice monthly. Unless otherwise agreed, our invoices are due for payment 20 days after the invoice date. In the event of late payment, penalty interest is charged in accordance with the Swedish Interest Act. In addition to our fees, you will be charged for travel and other expenses. This is done, if applicable, by advance payment. 

3.4 The Law Firm also reserves the right to request advances before we commence an assignment and on an ongoing basis during the assignment for future work. The advance will be used to settle future fee invoices and expenses. The total amount of our fees and expenses may exceed the advance payment. 

3.5 You have the right to cancel a non-performed assignment in writing at any time. In the event of such cancellation, the Law Firm shall, where applicable, be compensated for work performed to date and expenses and costs incurred.

3.6 If you have legal protection insurance, you may, in certain circumstances and to a certain extent, be reimbursed for legal costs under the insurance. Information on the terms and conditions for this can be found in the provisions of your insurance contract. The Law Firm is entitled to be reimbursed by you for its fees under the terms of these General Terms and Conditions even if legal protection is used or if the court in its judgement or decision does not award you full reimbursement of the legal fees claimed. We are therefore not bound by the terms of compensation applied by the insurance company or the court in relation to each other, and you are also liable for any reasonable fees in excess of the insurance compensation or the court award.

3.7 You must pay us for the services we have provided and the costs we have incurred in representing you in any litigation or arbitration – regardless of the outcome of such litigation or arbitration (that is, whether you are the winning party, the losing party or you have not been awarded full compensation for your legal costs).

3.8 If our fees and costs are to be financed from public funds (e.g. legal aid) or through the use of insurance (e.g. legal protection insurance), you will still have to pay our fees and costs to the extent that they exceed the amount paid from public funds or insurance.

4 Client checks and conflicts of interest

4.1 We are required by law to verify the identity and ownership of our clients and to obtain information about the nature and purpose of the assignment before commencing work. We may therefore ask you to provide identification documents relating to you as a client and any other person involved in the assignment on your behalf and, in the case of a legal entity, the natural persons who have the ultimate control over it (beneficial owners). We may also request information and documentation showing the origin of funds and other assets. Such requests may be made even after the assignment has started. If we do not receive the requested information, the Law Firm may be obliged to terminate the assignment immediately. Furthermore, we are legally obliged to keep all information obtained in the course of these checks. 

4.2 We are required by law to report suspicions of money laundering or terrorist financing to the Swedish Economic Crime Authority. In addition, we are prevented from informing you of any suspicions or that a report has been or may be made to the Swedish Economic Crime Authority.

 

4.3 If there are suspicions about money laundering or terrorist financing, we are obliged to decline or withdraw from the assignment even if it has already started.

4.4 We cannot be held liable for any damage caused to you, directly or indirectly, as a result of our fulfilment of the obligations which, in our opinion, are incumbent on us under clauses 4.2, 4.3. 4.5 and 5.3.

 

4.5 According to the Code of Conduct of the Bar Association, we may not represent a party if there is a conflict of interest in relation to another client. We may also, in certain situations, have an obligation to withdraw from an assignment if a conflict of interest arises after the assignment has started.

5 Confidentiality

5.1 The Law Firm, its partners and employees have a duty of confidentiality in accordance with the law and the Code of Conduct of the Bar Association. Furthermore, we will protect the information you provide to us appropriately and in accordance with the rules of the Bar Association and applicable data protection rules.

5.2 If you authorise us to engage or cooperate with other advisers in the assignment, we are entitled to disclose such materials and other information as we consider relevant to enable the adviser to advise or perform services for you. The same applies to the material and other information obtained as a result of the checks carried out in accordance with point 4 above.

5.3 In certain cases, we are required by law to provide information to HMRC about your VAT number and the value of the services we have provided to you. By engaging the Law Firm, you are deemed to have consented to us providing such information to the Swedish Tax Agency in accordance with current rules.

5.4 There is a legal obligation to report in certain cases. Advisers and users are required to provide information on reportable cross-border arrangements that exhibit at least one ‘hallmark’. The data shall be used for the exchange of information with other EU-Member States.

5.5 With regard to the duty of disclosure for lawyers and others, the adviser shall assess in each individual case whether the duty of confidentiality applies to the information to be disclosed.

5.6 Advisers who are not prevented by the duty of confidentiality are obliged to report all details of the arrangement. An example of this is if the client consents to a lawyer or law firm providing the information. In such a case, the lawyer or law firm is then obliged to provide the information and is responsible for doing so.

5.7 If a reporting adviser is prevented from disclosing information about a reportable arrangement due to legal professional privilege, there is an obligation to inform other advisers in relation to the arrangement of the adviser’s obligation to disclose. If there is no other adviser who is obliged to provide the information, the adviser who is obliged to provide the information shall instead inform the user of the arrangement of the user’s obligation to provide information.

5.8 However, the obligation to provide information that rests with the user under Chapter 33b, sections 13-15 SFL (Swedish Tax Procedures Act) is not dependent on the user having such information as referred to in Chapter 33b, section 22, second paragraph SFL (see above paragraph).

6 Processing of personal data

6.1 The Law Firm is the data controller for the personal data relating to contact persons that we receive in connection with an assignment, or that is otherwise processed when preparing or administering the assignment. You are not under any obligation to provide us with personal data, but without it we cannot enter into a contract because we cannot carry out the necessary conflict of interest and money laundering checks.

6.2 We process the data in order to carry out mandatory conflict of interest and (where applicable) money laundering checks, to perform and administer the assignment, to protect your interests and for accounting and invoicing purposes. This data is processed on the basis that it is necessary for the performance of the contract, necessary for compliance with a legal obligation, for the assertion or defence of legal claims, or on the basis of a legitimate interest. The data may also be used for the purposes of business and methodology development, market analysis, statistics and risk management. The data processed for the purpose of business development and analysis is processed on the basis of our legitimate interest to develop our business and communicate with our contacts.

6.3 Personal data may be transferred between the Law Firm’s various group companies or sister companies for the purpose of carrying out conflict of interest and money laundering checks, for information and knowledge exchange and for resource allocation. We will not disclose personal data to third parties except in cases where (i) it has been specifically agreed between the Law Firm and you, (ii) it is necessary within the framework of a specific assignment to safeguard your rights, (iii) it is necessary for us to fulfil a statutory obligation or comply with a decision by a public authority or court, or (iv) in the event that we engage external service providers to perform assignments on our behalf. The data may be disclosed to courts, authorities, counterparties and counterparty representatives if necessary to enforce your rights.

6.4 In accordance with the Law Firm’s obligation under the Code of Conduct, personal data is stored for a period of ten years from the date of finalisation of the case, or for a longer period if required by the nature of the case. Data processed in order to develop, analyse and market the Law Firm’s activities are kept for a period of two years after the last date of contact. If you unsubscribe from newsletters or similar, this data will be deleted immediately.

6.5 You have the right to request information about the use of your personal data from the Law Firm at no cost. We will, at your request or on our own initiative, correct or erase data that is inaccurate or restrict the processing of such data. Furthermore, you have the right to request that we do not process your data for direct marketing purposes. You also have the right to receive your personal data in a machine-readable format (or, if technically feasible, to have the data transferred to a third party designated by you). If you are unhappy with how we process your data, you can lodge a complaint with a supervisory authority, which in Sweden is the Swedish Authority for Privacy Protection (IMY) (www.imy.se). You can also contact the supervisory authority in the country in which you live or work.

6.6 Contact us at info@jhnadvokat.se or by writing to the address below if you have any questions regarding our processing of personal data. The data controller is JHN Advokat AB, corporate identity number 559266-8114, Birger Jarlsgatan 2, 114 34 Stockholm.

7 Responsibility and limitations of liability

7.1 Our liability for any loss or damage caused to you as a result of our fault, negligence or breach of contract in the performance of the assignment is limited to fifty million (50,000,000) Swedish kronor. If our fee in the assignment in question is less than one (1) million Swedish kronor, our liability is limited to two (2) million Swedish kronor. For an open-ended contract, i.e. if the assignment under the contract is for ongoing advisory services, only the fee charged for the specific work to which the responsibility relates is taken into account. Price reductions or other penalties cannot be applied in addition to damages. We do not accept any obligation to pay penalties. We also do not accept any liability for indirect or consequential damage suffered by you.

7.2 The limitation of the Law Firm’s liability to the amount specified in Clause 7.1 above shall also apply to multiple losses if such losses are caused by the same act or omission or by the same type of act or omission. This applies regardless of when the damage was caused or occurred. 

7.3 The Law Firm’s liability to you shall be reduced by all sums recoverable by you under any insurance policy which you have taken out or which has been taken out for you or under any contract or indemnity to which you are a party or beneficiary.

7.4 Except as set out in paragraph 7.7 below, we do not accept any liability to any third party arising from your use of documents or other advice provided by us. 

7.5 Unless otherwise expressly agreed, we shall not be liable for the fulfilment of the time frames set or for any part of the assignment not being completed within the time frames set or for us not being able to start or continue our work due to circumstances beyond our control. 

7.6 Where we have undertaken to advise on a tax matter or the possible tax consequences of a procedure, our liability for errors or omissions does not extend to taxes payable by you if it was not clear at the time of our advice that you could have achieved your commercial objectives by using an alternative structure or method without additional cost or risk and thereby avoided the payment of those taxes altogether.

7.7 If, at your request, we accept that a third party may rely on a document prepared by us or advice given by us, this will not increase or affect our liability and we will only be liable to such third parties to the extent that we are liable to you. Any amounts paid to third parties as a result of this liability reduce our liability to you accordingly. Even if we have accepted that a third party may rely on a document produced by us or on advice given by us, no client relationship arises between us and that third party. The same applies if we issue certificates, statements or similar to third parties at your request.

7.8 The limitation of liability under these Terms and Conditions or under a separate agreement with you applies to the Law Firm as well as to the Law Firm’s partners, former partners and lawyers and other persons who work for or have worked for or are engaged by or have been engaged by the Law Firm.

8 Partnerships with other advisers

8.1 If we instruct, engage and/or partner with other advisers on your behalf, such advisers are independent of the Law Firm and we accept no responsibility for recommending them to you or for the advice they give, whether that advice is given directly to you or via the Law Firm. We are not responsible for any fees or costs charged by such advisers. If we are instructed to instruct external advisers, we are also authorised to accept a limitation of liability on your behalf.

8.2 If the liability of another adviser to you is more limited than our liability to you, any liability we have to you as a result of our joint and several liability with that other adviser shall be reduced by the amount of compensation we would have been able to recover from that adviser if its liability to you had not been so limited.

9 Complaints and claims procedure

9.1 We aim to ensure that all our clients are satisfied with the advice we provide and that it fulfils their expectations. If you have any comments on how we handle the assignment, it is important for us to know. Please contact the lawyer handling the matter in the first instance.

9.2 If you have any complaints about the way the Law Firm has performed its assignment, you must inform the Law Firm as soon as possible. The Client shall without delay complain in writing to the Law Firm about any errors or deficiencies in the performance of the Assignment or part of the Assignment that the Client discovers or should have discovered. The complaint must clearly state the nature and extent of the error or deficiency.  

9.3 Following a complaint or remark, the Law Firm shall be given the opportunity to rectify the error or deficiency within a reasonable period of time – if this is possible – before the Client claims compensation. The Client’s right to damages or other compensation is forfeited if the complaint is not made within a reasonable timeframe. 

9.4 In order for claims for damages to be brought against the Law Firm, the Client must first make a complaint and then present the claims for damages in writing no later than twelve (12) months after the complaint. 

9.5 Under no circumstances can a claim be made after the expiry of the statutory limitation period.

9.6 If your claim against us is a consequence of a claim from a third party, the Swedish Tax Agency or another public authority, we shall be entitled to respond to, settle or compromise the claim on your behalf, on the condition that we indemnify you. 

If you settle, compromise or otherwise take any action with respect to any such claim without our consent, we will have no liability for the claim.

9.7 If we or our insurers pay you compensation in respect of your claim, as a condition of receiving compensation from us or our insurers, you must transfer your right of recourse against third parties to us or our insurer. If this is not done, you will not receive any compensation.

10 Intellectual property rights

10.1 Copyright and other intellectual property rights in the work we produce for our clients belong to us, but you have the right to use the work for the purposes for which it is provided. Unless otherwise agreed, no document or other work created by us may be publicly distributed or used for marketing purposes.

11 Management of documents

11.1 Unless otherwise agreed, original documents will be handed over to you upon completion of an assignment. Copies of these documents and other documents in the case are archived in accordance with the rules of the Bar Association.

12 Applicable law and dispute resolution

12.1 These General Terms and Conditions and all matters relating to the Law Firm’s assignment are governed by and interpreted in accordance with Swedish substantive law. The assignment is subject to Swedish law. 

12.2 Except as provided in this clause, any dispute or claim arising out of or in connection with these Terms and Conditions, any special Terms and Conditions for the assignment or in respect of any matter relating to our assignment(s) shall be finally settled under Swedish law by a general court of law with the Stockholm District Court as the court of first instance.

12.3 Clients who are consumers may, under certain conditions, turn to the Swedish Bar Association’s Consumer Disputes Board to have fee disputes and other financial claims against us reviewed. 

​

Contact details:

The Swedish Bar Association’s Consumer Disputes Committee

The Swedish Bar Association

Box 27321

102 54 Stockholm

Telephone (switchboard) +46 (0)8-459 03 00

Email: konsumenttvistnamnden@advokatsamfundet.se

 

For more information, see 

Advokatsamfundet - Konsumenttvistnämnden [Swedish Bar Association’s Consumer Disputes Board – information available in Swedish only]

​

12.4 Notwithstanding paragraphs 12.2 and 12.3 above, we have the right to bring an action in respect of any overdue claim in any court having jurisdiction over you or any of your assets. 

​

13 Language versions

These General Terms and Conditions have been drawn up in Swedish and English. If, and to the extent that, the English translation does not correspond to the Swedish-language version, the Swedish-language version shall prevail.

​​

These General Terms and Conditions were adopted by the Law Firm on 6 September 2024