General Terms and Conditions (2021-03)
1.1 These general terms and conditions are applicable when you (”the Client”) have commissioned Hellström Advokatbyrå KB (”Hellström”) to represent you, give you guidance or in other ways provide services to you (”the Commitment”). The Commitment is conditioned on the circumstance that no internal conflicts of interest are present in relation to the Client or the Commitment. If a conflict of interest is present, or emerges during the fulfilment of the Commitment, Hellström is prohibited to represent the Client.
1.2 Our general terms and conditions control in what way Hellström is supposed to execute the Commitment and how the parties between them are supposed to deal with questions regarding the Commitment. This includes formal questions that we, according to current regulations (e.g. the Guiding rules concerning good lawyer practice and Measures against money laundering formulated by the Swedish Bar Association), need to address. Below are the terms and conditions that we practice in relation to our clients in all our commitments, unless otherwise agreed.
2. The Execution of the Commitment
2.1 The Commitment will primarily be executed by the responsible Hellström lawyer/partner. The responsible Hellström lawyer may, in order to optimize the execution of the Commitment, use the assistance of different Hellström specialists.
2.2 Hellström shall execute the Commitment in accordance with the general terms and conditions in this document, statutes, and other regulations relating to the matter.
2.3 Hellström assumes that the information and the accounting that the Client provides Hellström with when executing the Commitment are correct and exhaustive.
2.4 Hellström shall, upon the request of the Client, brief and inform the Client of how the Commitment is progressing, as well as immediately inform the Client of circumstances that affect the time plan.
3. Compensation and Payment
3.1 In accordance with the Guiding rules concerning good lawyer practice, the commission to Hellström shall be fair. This means that the commission normally is determined by taking different factors into consideration. Examples of such factors include, but are not limited to; the duration of the Commitment, the difficulty of the subject, required expertise and experience, resource consumption, the values which the Commitment concerns, the risk exposure of Hellström, the urgency, and the result achieved.
3.2 The part of the commission that is calculated on the time spent on the Commitment is charged based on the, at each moment effectual; hourly fee for partners, lawyers, or associates.
3.3 We also charge compensation for costs. These costs include, but are not limited to; fees, costs for external counselors, costs for carriers, costs for travel and accommodation, and, when they amount to anything of significance; costs relating to copying, faxing, and telephoning.
3.4 If the Commitment has included the representation of the Client in court proceedings or arbitration, the losing party may have been obliged to fully or partly cover the costs of the winner. Such an obligation does not affect the obligation of the Client to compensate Hellström for commissions and costs.
3.5 Billing will in general be made to the Client monthly arrears.
3.6 Invoices will contain information regarding the extent and nature of the work performed, the invoice amount, and the VAT amount.
3.7 If our commissions and costs surmount what can be obtained from a Legal protection insurance (LPI), the Client is obliged to pay the remaining amount.
3.8 When using an LPI, the Client is always the primarily obliged to pay the commissions and costs of Hellström according to the invoice. All later compensation that comes from the LPI of the Client will be reimbursed arrears and in accordance with the contact between the Client and the insurance company.
3.9 In the event of non-payment, Hellström will charge penalty interest at the rate of interest applicable under the Interest Rates Act (Sw. Räntelag 1975:365). If we have agreed on it, or in cases when one or more previous invoices have not been paid in time, Hellström has the right to demand fair compensation for commissions and costs in advance. The advance will thereafter be used to regulates future invoices.
4.1 Hellström shall have the responsibility for the Commitment. No other person, or persons, within the Hellström organization or network shall be held responsible for the Commitment.
4.2 Hellström shall have the responsibility for damage or loss that has occurred as a result of our negligence associated to the execution of the Commitment. The responsibility shall not amount to more than three times the final commission, and shall only be possible to invoke if a written demand has been brought forward within in one year after the termination of the Commitment. Hellström shall, under no circumstances, be held responsible for loss, damage, or other costs that have arisen as a direct or indirect result of action or omission that can be attributed to the Client, the direction of the Client, the employees of the Client, or the representatives of the Client.
4.3 Hellström is not responsible for the advice or services from external counsellors that are hired within the framework of the Commitment, unless otherwise is agreed. Without a special agreement, Hellström is also not responsible for the costs or commissions that external counsellors demand, irrespective of whether the external counsellor reports to Hellström or the Client.
5. Termination and Discharge
5.1 The Client has the right to, through termination, at any time cancel the Commitment. Hellström shall, in the event of such termination, at the request of the Client, transfer the file that addresses the Commitment.
5.2 Closer instructions regarding Hellström´ s possible premature withdrawal from the Commitment can be found in e.g. the Guiding rules concerning good lawyer practice. A premature withdrawal can be made when there is a conflict of interest, insufficient payment, insufficient advance payment, deficient instructions, or deficient faith between us. Hellström will, in such a situation, immediately notify the Client in writing of the withdrawal.
5.3 If the Commitment is withdrawn from, no matter what the reason, the Client still has to compensate Hellström for the commissions and costs that have arisen before, and that arises in conjunction with, the termination of the Commitment.
6. Applicable Law and Disputes
6.1 These general terms and conditions shall be interpreted and applied in accordance with Swedish law.
6.2 Disputes concerning the interpretation or application of these general terms and conditions shall ultimately be settled by arbitration in Stockholm in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
6.3 Nevertheless, all disputes concerning Consumer Clients shall be settled in Swedish court.
6.4 Consumer Clients can also turn to the Swedish Bar Association’s Consumer Disputes Committee to adjudicate disputes between a Consumer Client and a member of the Swedish Bar Association or a law firm regarding a service which the member or law firm provided to the consumer. You can visit the Consumer Disputes Committee at www.advokatsamfundet.se/ konsumenttvistnamnden. There you find further information about the process and application. You can also contact the Consumer Disputes Committee at:
102 54 Stockholm