1. Introduction

 

• a) We value our relationship with you and believe it is an important that you are aware of and understand the terms on which we provide our legal services to you.

• b) These terms of engagement will apply each time you engage us to provide legal services for you unless we agree to an alternative arrangement which will be recorded in writing.

• c) We will take your continued instructions as your acceptance of these terms and conditions. d) If you have any questions relating to these terms please contact us to discuss them.

 

2. Services

 

In carrying out the engagement for you we will attend diligently to your affairs. We aim to provide efficient and professional legal services, assisting you to make fully informed decisions, advising you of any implications and keeping you regularly informed as to progress with your affairs. The services we are to provide for you are set out in our engagement letter.

 

3. Communication

 

We ask that you contact us at any stage if you have any questions. Communication from us will be by email, letter and telephone. We ask that you let us know if it is not appropriate to contact you via these means.

 

4. Fees and Disbursements

 

Unless we have provided you with a fixed fee in writing or you have been granted legal aid, we will charge a fee which is fair and reasonable for the services provided. Any disbursements will be additional. We may require advance payment for the disbursements or expenses which we will be incurring on your behalf. In accordance with the guidelines laid down by the New Zealand Law Society, the following will be taken into account in calculating our fees where appropriate:

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• a) The time and labour expended.

• b) The skills, specialised knowledge and responsibility required to perform the services properly.

• c) The urgency and circumstances in which the matter is undertaken, any time limitations imposed, including those imposed by you.

• d) We will provide you an estimate upon request. If that estimate is likely to be exceeded, we will let you know.

• e) Where it is applicable, you may wish to apply for legal aid. If legal aid is granted, any terms relating to fees will be between you and the Legal Services Agency.

 

2 5. Payment of Fees

 

• a) We require our fees to be paid within 14 days of the invoice being sent unless alternative arrangements have been made with us. We may require interest at the rate of 12% to be paid on any amount which is more than 7 days overdue. If payment is not received within 3 months from the date of the invoice then a Collection Agency may be instructed. Any collection costs will be added to the amount owing.

• b) The final invoice will be sent to you shortly after the work has been completed on your matter and we will issue interim invoices where appropriate. You authorise us to deduct any outstanding fees and disbursements from funds held on your behalf.

 

6. Professional Indemnity Insurance

 

We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society. We will provide you with particulars of the minimum standards upon request.

 

7. Confidentiality

 

We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose this information to any other person except to the extent necessary or desirable to enable us to carry out your instructions or to the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.

 

8. Anti-money Laundering & Countering the Financing of Terrorism Reporting

 

• a) We advise that the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 came into effect on the 1 July 2018. This means that we may need to conduct customer due diligence and request more information from you in order to comply with this Act. Such information may include details such as formal identification, confirmation of your address, the source of funds, tax details and any other information which may be relevant. When you contact us, we will advise you what information we require.

• b) Where we hold money on your behalf on interest bearing deposit through our trust account, you authorise us to disclose to the Bank of New Zealand and/or Inland Revenue, your personal information as required by the Foreign Account Tax Compliance Act and the Double Tax Agreements (United States of America – FACTA) Order 2014. In the event that we lodge a suspicious transaction report or a prescribed transaction report with the Police Financial Intelligence Unit or where the Department of Internal Affairs undertakes an audit pursuant to the Anti Money Laundering and Countering of the Financing of Terrorism Act 2009, then we are authorised by you to disclose your personal information including reports and audits to any agency in order for us to meet our legal obligations.

 

9. Termination

 

a) You may terminate our retainer at any time.

b) We may terminate our retainer in any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers. If our retainer is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.

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10. Retention of files and documents

 

You authorise us (without further reference to you) to destroy all files and documents for the matter (other than any documents that we hold in safe custody for you) seven years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.

 

11. Complaints

 

• a) If you have any concerns or complaints about our services please raise them with us as soon as possible. We will endeavor to resolve the issue as soon as possible.

• b) If you remain unsatisfied then the New Zealand Law Society operates the Lawyers Complaints Service to which you may refer the issue. To do so, phone 0800 261 801 and you will be connected to the nearest Complaints Service Office, who can provide information and advice about making a complaint.

 

12. Client Care and Service

 

The New Zealand Law Society client care and service information is set out below for your information.

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Whatever legal services your lawyer is providing, he or she must: ​

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• Act competently, in a timely way, and in accordance with instructions received and arrangements made.

• Protect and promote your interest and act for you free from compromising influences or loyalties.

• Discuss with you your objectives and how they should best be achieved.

• Provide you with information about the work to be done, who will do it and the way the services will be provided.

• Charge you a fee that is fair and reasonable and let you know how and when you will be billed.

• Give you clear information and advice. ● Protect your privacy and ensure appropriate confidentiality.

• Treat you fairly, respectfully and without discrimination.

• Keep you informed about the work being done and advise you when it is completed.

• Let you know how to make a complaint and deal with any complaint promptly and fairly.

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The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care or Lawyers.

 

Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

 

If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.

 

13. Limitations on extent of Obligations or Liability

 

If there are any limitations on the extent of our obligations to you or any limitation or exclusion of liability then these will be set out for you via written communication.

 

14. Conflicts of Interest

 

We have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society's Rules of Conduct and Client Care for Lawyers.

 

15. Trust Account

 

We maintain a trust account for all funds which we receive from clients excluding those received as payment for our invoices. If we are holding significant funds on your behalf we will normally lodge those funds on interest earning deposit with the BNZ. In that case we will charge an administration fee of 0.5% from the interest derived.

 

16. Duty of Care

 

Our duty of care is to you and not any other person. Before any other person may rely on our advice, we must expressly agree to this.

 

Updated March 2023

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