General terms and conditions
Effective as of 1 March 2026
These general terms and conditions apply to all services provided by Falk & Kjellstrand Advokater AB, 559574-5372 (“Falk & Kjellstrand Advokater”). The Swedish Bar Association’s guidelines on professional conduct also apply to the services. By entering into an agreement with Falk & Kjellstrand Advokater for the provision of legal services in Sweden or abroad, you are deemed to have accepted these general terms and conditions.
1. The contractual relationship
The contractual relationship is entered into between you and Falk & Kjellstrand Advokater, and not with any individual associated with Falk & Kjellstrand Advokater. Your instructions are given to Falk & Kjellstrand Advokater, and not to any individual working at Falk & Kjellstrand Advokater. This applies even if it is your express or implied wish that the work be carried out by a particular person. These general terms and conditions apply to all persons working for Falk & Kjellstrand Advokater, and such persons shall under no circumstances bear any personal liability towards you, unless otherwise required by mandatory law.
2. Fees and expenses
2.1 Our fees always comply with the Swedish Bar Association’s guidelines on professional conduct. Unless otherwise agreed, the fee is based on a number of factors, including (i) time spent, (ii) the expertise, skill, and experience required by the matter, (iii) the value involved in the matter, (iv) the urgency of the matter, and (v) results achieved.
2.2 Upon request, we will provide an estimate of what our work may amount to. Such an estimate is based on the information available to us at the time of the estimate and does not constitute an offer of a fixed price. In addition to the fee, VAT will be added where we are obliged to charge it.
2.3 In addition to the fee, disbursements for travel and other expenses may be incurred. We may request advances to cover our costs, but we typically pay limited disbursements on your behalf and invoice them in arrears.
3. Invoicing
3.1 We can only invoice our client. A request to address an invoice to anyone other than the client cannot therefore be accommodated. As a general rule, we invoice you on a monthly basis by sending an invoice by email.
3.2 In certain cases, we may request an advance before commencing work. The advance is used to pay future invoices. Our total fee for the matter may exceed or fall short of the advance.
3.3 Unless otherwise agreed, invoices are payable within 20 days of the invoice date. In the event of late payment, default interest will be charged on the outstanding amount from the due date until payment is received, at the rate applicable under Swedish interest rate legislation.
3.4 In Swedish court proceedings and arbitration, the losing party is normally ordered to pay the winning party’s legal costs (including legal fees). However, this is not always the case. Under certain circumstances, costs may not be awarded at all, or only in part. Regardless of whether you are the winning or losing party, or whether you are not awarded full recovery of legal costs, you are required to pay for the services we have performed and the costs we have incurred in representing you in court proceedings or arbitration.
3.5 If our fees and costs are to be financed through public funds or by making a claim under an insurance policy, you are still required to pay the fees and costs to the extent they exceed what is paid from public funds or from the insurance.
4. Disclosure of VAT registration number
In certain cases, we are required to inform the Swedish Tax Agency (Skatteverket) of your VAT registration number and the value of the services we have provided to you. By engaging Falk & Kjellstrand Advokater, you consent to our providing such information to the Swedish Tax Agency in accordance with applicable law.
5. Client due diligence
5.1 Before we can accept a matter, we are generally required by law to have obtained information about the client and the matter to an extent that enables us to manage the risk of money laundering and terrorist financing. This means, among other things, that we need to identify you, the individuals representing you, and to investigate your ownership structure and control structure. We are also required to verify the information, and for this purpose we may request supporting documents and obtain information from private or public registers or other external sources.
5.2 We are required to report suspicions of money laundering and terrorist financing to the police authority and are prohibited from informing you that such suspicions exist. If suspicions of money laundering or terrorist financing arise, we are required to decline or withdraw from the matter.
5.3 Falk & Kjellstrand Advokater is the controller of personal data collected in connection with enquiries and matters. If you are a legal entity, we ask you to inform the individuals representing you in the matter, as well as the individuals who control you, that Falk & Kjellstrand Advokater processes their personal data.
6. Advice and opinions
6.1 Our advice is based on the circumstances of the individual matter and the information and instructions we have received. We are entitled to assume that these are complete and accurate. You may not rely on such advice applying in other circumstances or use it for any purpose other than that for which the advice was intended. Our advice does not include advice on tax or tax consequences. Our advice is limited to legal issues in the individual case, and to the extent we provide mathematical calculations or express views on matters that are not legal issues, we accept no liability for any consequences arising therefrom.
6.2 We do not provide advice on or based on the law of any jurisdiction other than Sweden. Based on our experience of other jurisdictions, we may express views on the law in other jurisdictions. What we express in such cases does not constitute advice upon which you are entitled to rely. Such advice must instead be obtained from local lawyers, and we are happy to assist you in obtaining such advice.
6.3 Our advice is based on the circumstances, facts, and state of law prevailing at the time it is given. We do not undertake to update our advice in light of subsequent changes.
6.4 Our advice never constitutes a guarantee of a particular outcome.
6.5 Advice includes the preparation of legal opinions.
7. Limitation of liability
7.1 Our liability for loss suffered by you as a result of error, negligence, or breach of contract on our part is limited to an amount equal to five times the fee for the matter. We are not liable to pay penalties.
7.2 The limitation of liability in clause 7.1 also applies in the case of repeated loss if caused by a single act or omission of the same nature. This applies regardless of when the loss occurred.
7.3 Our liability shall be reduced by amounts you are able to recover under any insurance policy you have taken out or are otherwise covered by, or under any agreement or indemnity you have entered into or are a beneficiary of, provided this is not incompatible with the insurance terms or the terms of the agreement or indemnity, and provided that your rights under the insurance, agreement, or indemnity are not thereby curtailed.
7.4 Apart from situations set out in clause 7.7, we are not liable to any third party as a result of your use of documents or other advice from Falk & Kjellstrand Advokater.
7.5 We cannot be held liable for loss caused by circumstances beyond our control that we could not reasonably have anticipated at the time of accepting the matter and whose consequences we could not reasonably have avoided or overcome. Nor can we be held liable for loss suffered by you as a result of our complying with professional conduct rules or obligations we have perceived to be imposed on us by law.
7.6 Unless expressly agreed otherwise, we are not liable for loss arising from our failure to provide advice within a specified time, or to complete a portion of the work within a specified time frame, or from our inability to commence or continue our work due to circumstances beyond our control.
7.7 If, at your request, we permit a third party to rely on our advice or work product, this shall not result in an increase in our liability or otherwise affect it to our detriment. We may be held liable to such third party only to the extent we would be liable to you. Amounts we may be required to pay to such third party shall correspondingly reduce our liability to you, and vice versa. If it is specifically agreed that a third party may rely on a document prepared by us or advice given by us, no client relationship shall arise between us and that third party. This applies when, at your request, we issue a certificate, opinion, or the like addressed to a third party.
7.8 Other advisers and specialists shall be considered independent of us, regardless of whether we or you have engaged them and regardless of whether they report to us or to you. We are therefore not responsible for other advisers or specialists, whether in respect of the selection of them, any recommendation we may have made regarding them, or their work.
7.9 Notwithstanding the above provisions, Falk & Kjellstrand Advokater is liable for intentional loss.
8. Communication
8.1 We communicate with our clients in various ways, including via the internet and email. While these are effective means of communication, they may involve risks for which we do not accept liability. If you would prefer that we do not communicate via the internet or email in a matter, please inform us accordingly.
8.2 Our spam and virus filters and other security measures may in some cases reject or filter out legitimate emails. You should therefore follow up important emails by telephone.
9. Confidentiality
9.1 We protect the information you provide in an appropriate manner and in accordance with professional conduct rules and Swedish data protection regulations.
9.2 We are bound by professional secrecy with respect to matters entrusted to us or otherwise brought to our attention in the course of our legal practice. In certain cases, however, we have a statutory obligation to disclose information subject to professional secrecy. Professional conduct rules permit us to disclose such information with your consent or in connection with a dispute between you and us. We reserve the right to disclose confidential information to our insurers in connection with such a dispute.
9.3 If you accept that we engage or collaborate with other advisers or specialists in the performance of the matter, we are entitled to disclose the material and other information that we consider relevant to the adviser or specialist for the performance of the matter or service.
9.4 If we are acting in a matter for more than one client, we are entitled to disclose material and information provided to us by one client to the other clients. We may also have a professional obligation to share such material and information with the other clients.
10. Conflicts of interest
We may be prevented from representing a party if there is a conflict of interest in relation to another client. Before accepting any matter, we therefore check whether a conflict of interest exists in accordance with professional conduct rules. Notwithstanding this, circumstances may arise that prevent us from representing you in an ongoing or future matter. It is therefore important that, before and during a matter, you provide all information that you consider may be relevant to determining whether an actual or potential conflict of interest exists.
11. Claims
Complaints or claims relating to any advice given by Falk & Kjellstrand Advokater must be raised as soon as you become aware of the circumstances on which the complaint is based. Claims must be accompanied by a written statement setting out the alleged error, negligence, or breach of contract and the anticipated loss. In order to be valid, the claim must have been received by us within a reasonable time, but no later than six months after the date on which you became aware (or after reasonable enquiry could have become aware) of both the loss and the fact that it was caused by our alleged error, negligence, or breach of contract.
12. Termination of the matter
12.1 You may terminate the matter with Falk & Kjellstrand Advokater at any time by requesting that we withdraw from the matter. However, payment must be made for the work we have performed and the costs we have incurred prior to the termination of the matter.
12.2 In certain circumstances specified by law and professional conduct rules, we are entitled or required to decline or withdraw from a matter. If we withdraw from the matter, payment must be made for the work we have performed and the costs we have incurred prior to the withdrawal. The matter terminates in any event upon completion.
13. Amendments and language versions
13.1 These general terms and conditions may be amended by us from time to time. The current version is always published on our website www.fkalaw.se. Changes apply only in relation to matters commenced after the amended version has been published on our website.
13.2 These general terms and conditions have been prepared in Swedish and English. Unless otherwise agreed, the Swedish-language version applies to clients domiciled in Sweden and the English-language version applies to all other clients.
14. Governing law and dispute resolution
14.1 These general terms and conditions and all matters arising in connection with them, our engagement, and our services shall be governed by and construed in accordance with Swedish law.
14.2 Any dispute arising out of these general terms and conditions, any specific terms applicable to the matter, our engagement, or our services shall be resolved by a Swedish court, with the Stockholm District Court (Stockholms tingsrätt) as the court of first instance.
14.3 Under certain circumstances, clients who are consumers may refer disputes concerning fees and other monetary claims against us to the Swedish Bar Association’s Consumer Dispute Board (Sw. Advokatsamfundets konsumenttvistnämnd). For further information, see advokatsamfundet.se/Konsumenttvistnämnden.