General terms & conditions

These general terms and conditions apply to all assignments undertaken and carried out by the law firm Tommy Persson Lawyer AB (“Lawyer”) for its clients.

These general terms may be modified by Lawyer from time to time. The latest version of the general terms and conditions is always available on Lawyer’s website, www.lawyer.se. Any changes in the general terms come into effect once they are published on the website. For assignments accepted before a new version is published, the version in effect at the start of the assignment applies.

Lawyer’s Working Methods for Client Assignments

Lawyer strives to provide the client with the resources and expertise needed for the assignment. During the assignment, the extent of Lawyer’s resources may change, and Lawyer may also change the assigned personnel to the assignment.

Lawyer accepts and performs assignments as assignments for Lawyer, not as assignments for an individual lawyer or any other employee at Lawyer. This applies even if the client has expressed a desire for the assignment to be carried out by one or more named or unnamed lawyers or other employees. All Lawyer’s employees working on the assignment perform their services for the client in accordance with these terms. These employees do not have personal liability towards the client beyond what may follow from mandatory regulations. This agreement is an agreement with Lawyer, not with any individual employee or other person associated with Lawyer.

Lawyer’s advice in the assignment is uniquely tailored to the assignment and the circumstances presented to Lawyer for that particular assignment. Therefore, neither the client nor third parties may use or rely on the advice for any other purpose or in any other situation than for the assignment Lawyer provided the advice for or performed the assignment. Lawyer’s advice does not cover tax consequences unless otherwise specifically stated in writing.

Lawyer’s advice only concerns Swedish law and, where applicable and to the extent relevant, EU law, unless otherwise specifically stated in writing. If Lawyer makes statements regarding other countries’ laws and regulations, such statements reflect Lawyer’s general experience in these jurisdictions and should not be considered legal advice. When appropriate, Lawyer can assist the client in obtaining necessary legal advice in other jurisdictions.

Confidentiality and Information

Lawyer, its lawyers, and other employees are bound by confidentiality regarding assignments and information received from clients, in accordance with these general terms and the New York Bar Association rules. Lawyer will not disclose confidential information unless it is part of performing the assignment, or with the client’s consent, or if Lawyer is legally obligated to disclose confidential information. The client agrees and accepts that Lawyer may disclose information as specified in this section.

Lawyer’s document management is digital, and therefore, as a rule, material and documents will be stored only electronically. If Lawyer receives physical documents, they will be digitized and then destroyed unless otherwise agreed between Lawyer and the client, or if law or other regulation requires archiving in physical form, or if Lawyer otherwise deems it appropriate to store physical documents.

Personal Data Management

When Lawyer performs assignments for its clients, personal data may be collected and stored. Lawyer processes personal data in accordance with the information on data processing in line with current data protection regulations, e.g., GDPR.

Billing of Fees

Lawyer’s fees are based on hourly rates and depend on the hours worked unless otherwise agreed. In addition, there may be costs for expenses, such as travel and accommodation, which may be invoiced separately.

Lawyer generally applies monthly billing. A time report is usually sent at the beginning of each calendar month, followed by an invoice for the work performed. Payment terms are net 10 days.

Where applicable, Lawyer reserves the right to request an advance before starting work on the assignment, either fully or partially, of the agreed sum. This right also applies after an assignment has commenced. If the final amount differs from the advance-invoiced amount, it will be adjusted after the assignment is completed, unless otherwise agreed between the parties.

All amounts are stated exclusive of VAT.

Limitation of Liability

Lawyer has the right to apply specific liability limitations for assignments or parts of assignments. The client is informed of such limitations before starting the assignment or part of the assignment unless otherwise specified in these Lawyer General Terms.

Lawyer’s liability for damages incurred due to errors or negligence in performing the assignment is limited to an amount corresponding to the fee unless otherwise agreed in writing.

The above liability will be reduced by any amount the client can recover through insurance or contract, etc. Lawyer is not liable for loss of production, loss of profit, indirect damages, loss, consequential damages, or consequential loss. Lawyer is not liable for third-party damages.

Lawyer’s goal is to deliver within the estimated timeframe, but there is no liability if delivery is not made within the estimated timeframe unless otherwise agreed in writing. Delays may occur due to circumstances beyond Lawyer’s control, such as due to the client or external circumstances.

Lawyer is not liable for the client’s use of unfinished materials or in the case of canceled orders of legal services.

The limitation of liability applies to all assignments, regardless of which employee performed the assignment.

Other Advisors

Lawyer has an extensive network of advisors in various areas of law in Sweden and abroad. If Lawyer has recommended the services of a company, firm, or agency, etc., for a particular assignment, Lawyer assumes no responsibility for that party’s advice, as these are considered independent entities, nor does Lawyer assume responsibility for the fees or costs that a recommended advisor may charge the client.

Communication, Marketing, and Copyright

If the client deems electronic communication inappropriate for any reason, the client shall promptly inform Lawyer of this. Lawyer has electronic solutions for spam, virus, firewalls, etc. Such electronic solutions may in some cases filter out emails, etc. Therefore, the client should follow up on important emails with a phone call.

All material and work results created by Lawyer are protected by copyright and other intellectual property rights. The client is entitled to use the provided material for the intended purpose in accordance with the assignment. This also means that the client is not entitled to use the material and given advice and recommendations in other contexts, nor distribute the material or advice/recommendations to the public or use the material for any purpose other than what the assignment was intended for. Lawyer saves the work result and associated documents digitally for internal archiving.

If circumstances related to an assignment become publicly known, Lawyer reserves the right, where applicable, to use such publicly known information for marketing purposes. Lawyer will always strive to obtain the client’s consent before such publication if deemed appropriate.

Lawyer has the right to refer to clients as clients on Lawyer’s website, in promotional material, etc., and to display clients’ trademarks and logos in this context.

Complaints, Deadlines, and Dispute Resolution

Lawyer always strives for all clients it undertakes to be satisfied with the services delivered and how they were carried out. If the client is nevertheless dissatisfied with any aspect of an assignment or has complaints about Lawyer, the client should promptly notify Lawyer.

If the client wishes to make a claim against Lawyer, such a claim should be made as soon as possible after a reasonable investigation of the circumstances on which the claim is based. Such a claim must be made within twelve (12) months after the latest invoice for the assignment (forfeit of debt).

If such a claim is based on a claim against the client from a third party or authority, Lawyer has the right to respond, settle, and agree on such a claim on behalf of the client, provided that Lawyer holds the client harmless. If such a right is not granted, Lawyer has no responsibility for such a claim.

Lawyer’s payment to the client presumes that the client transfers the right to subrogate against third parties to Lawyer or its insurer.

Lawyer’s assignments and these general terms are governed by Swedish law.

Any dispute arising in connection with these general terms or any matter relating to Lawyer’s assignments for the client shall, if a mutual solution cannot be agreed upon between Lawyer and the client, be finally resolved by arbitration in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm.

However, Lawyer reserves the right to always have the right to initiate proceedings for overdue receivables, take collection measures, or apply for a payment order in any court.

Lawyer’s confidentiality according to these general terms may result in information that would otherwise have been confidential becoming public, as matters like collection actions cannot be carried out without Lawyer’s and the client’s relationship becoming known.