Attorney-at-law Ingela Holmqvist

It is more cost-effective to work proactively with an attorney to prevent issues than to hire one when problems have already arisen. For example, having a contract reviewed by an attorney before signing may cost a few thousand SEK, but this small investment can prevent disputes that could potentially cost hundreds of thousands, not to mention the loss of business and goodwill.

Seeking legal advice before a reorganization or dismissal ensures that everything is done in compliance with the Swedish Employment Protection Act (LAS) and the Co-Determination in the Workplace Act (MBL). This precaution is a minor expense compared to the potential risks of a dispute and the erosion of employee trust.

If a dispute has already occurred, it is advisable to seek advice from an attorney early on. This allows for an honest assessment of your chances of success and helps ensure that crucial evidence is collected, which could be decisive later in the process.

In Sweden, “Advokat” (attorney-at-law) is a protected title that may only be used by members of the Swedish Bar Association. To become a member, one must meet strict admission criterias and be deemed fit to practice the profession. Attorneys-at-law are bound by extensive ethical regulations, and all are covered by liability insurance. On the other hand, “jurist” (lawyer) is not a protected title. If you are considering hiring a lawyer who is not a member of the Bar, it is crucial to carefully review the terms of the engagement and verify the lawyer’s liability insurance coverage.

Many straightforward issues are resolved during the initial free consultation, and for my regular clients, a brief phone call or email is often sufficient to address questions that arise in the course of business.

For contract reviews, it typically takes between one and a few hours to thoroughly examine and discuss the contract with the client.

Disputes often begin with sending a letter to the other party, after which I work with the client to consider the best way forward based on the response. In many cases, a settlement can be reached after some correspondence, keeping costs relatively low. However, if the matter proceeds to court, the process rarely takes less than a year and can sometimes extend to 3, 4, or even 5 years, with costs often exceeding SEK 150,000 per party. The total cost depends largely on the complexity of the case and the amount of evidence required.

If the client has legal protection insurance, it may cover a portion of the costs. I assist with the application process free of charge if the conditions for legal protection are met.

In my experience, the fairest approach for all parties is to pay for the actual time spent, while maintaining an open dialogue about what needs to be done in the case and how different options might affect the cost.

However, I also offer subscription plans for ongoing legal advice, where a maximum number of hours per month is agreed upon. This can be a convenient option if, for example, your company wants to provide your sales team with direct access to legal advice without having to go through company management for each individual case.

It’s important to note that agreements where the attorney is entitled to a share of the assignment’s results are generally not allowed under the Code of Conduct of the Swedish Bar Association. Additionally, fee agreements where the attorney assumes a financial risk based on the outcome of the case are prohibited if they create a situation where the attorney might find it financially advantageous to act in a way that could harm the client’s interests. For example, this could involve advising a client to accept a settlement that results in a worse outcome for the client than would otherwise be achieved.