Terms and Conditions

STANDARD TERMS OF ENGAGEMENT

 

These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

 

1.         Services

1.1       The services which we are to provide for you are outlined in our engagement letter.

 

2.         Financial

2.1       Fees:

   (a)     The fees which we will charge or the manner in which they will be arrived at, are set out in our                               engagement letter.

   (b)      f the engagement letter specifies a fixed fee, we will charge this for the agreed scope of our services.                   Work which falls outside that scope will be charged on an hourly rate basis.  We will advise you as soon               as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope                   and if requested, give you an estimate of the likely amount of the further costs.

   (c)     Where our fees are calculated on an hourly basis, the hourly rates are set out in our engagement letter.               The difference in those rates reflect the experience and specialisation of our professional staff.  Time                   spent is recorded in 6 minute units.

 

2.2       Disbursements and expenses:  In providing services we may incur disbursements or have to make                       payments to third parties on your behalf.  These will be included in our invoice to you when the                            expense is incurred.  We may require an advance payment for the disbursements or expenses which                  we will be incurring on your behalf.

 

2.3       GST (if any):  Is payable by you on our fees and charges.

 

2.4       Invoices:  We will send you interim invoices and on completion of the matter, or termination of our                      engagement.  We may also send you an invoice when we incur a significant expense.

 

2.5       Payment:  Invoices are payable within 21 days of your receipt of the invoice, unless alternative                              arrangements have been made with us. A late payment fee of $15 will be charged on overdue accounts.             We may require interest to be paid on any amount which is more than 7 days overdue at the rate of 1%                per month.  Unpaid accounts will also incur all debt collection and Court costs.

2.6       Security:  We may ask you to pre-pay amounts to us, or to provide security for our fees and expense.                  You authorise us:

   a.       to debit against amounts pre-paid by you; and

   b.       to deduct from any funds held on your behalf in our trust account any fees, expenses or                                          disbursements for which we have provided an invoice.

 

2.7       Third Parties:  Although you may expect to be reimbursed by a third party for our fees and expenses,                  and although our invoices may at your request or with your approval be directed to a third party,                          nevertheless you remain responsible for payment to us if the third party fails to pay us.

 

3.         Legal Aid

3.1       If you have applied for legal aid we must submit an application for legal aid to the Ministry of Justice in                advance.  All fees billed are audited.  If legal aid is not granted, you will have to pay our fees yourself.                  Until we receive confirmation or otherwise of your application for legal aid we shall do the minimum                    work required in your case and aim to incur no more than $500 in legal costs and disbursements.

 

4.         Confidentiality

4.1       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 any of this information to any other person except:

 

   a.      to the extent necessary or desirable to enable us to carry out your instructions; or

   b.      to the extent required by law or by the Law Society's Rules of Conduct and Client Care for Lawyers.

5.         Termination

5.1       You may terminate our representation of you at any time, by notifying us.  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.

5.2       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.

5.3       If termination occurs we will return your papers and files promptly, however we retain the right to                         retain your files until receipt of payment for all outstanding fees and costs incurred following                                 termination on your behalf.

6.         Retention of files and documents

6.1       You authorise us (without further reference to you) to destroy all files and documents for this matter                   (other than any documents that we hold in safe custody for you) after our engagement ends. 

7.         Conflicts of Interest

7.1       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.

8.         Duty of Care

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

 

9.         Trust Account

9.1       We maintain a trust account for all funds which we receive from clients on their behalf.  This is the                        client’s money. If we are holding significant funds on your behalf we will normally lodge those funds in                 your name on interest bearing deposit with a bank.  In that case we may charge an administration fee                 of 5% of the gross interest derived.  We forward trust account statements to our clients on an annual                   basis.

10.       Paying Funds Overseas

10.1     Where you request us to deposit funds to an overseas bank account we will charge you a fee of $400                  +GST.  This is to cover our costs associated with complying with the new AML/CFT requirements that                    were brought in on 1 July 2018.  Alternatively you may wish, and it is our preference, that you supply a                New Zealand bank account.

11.       General

11.1     These terms apply to any current engagement and also to any future engagement, whether or not we                 send you another copy of them.

11.2     We are entitled to change these Terms from time to time, in which case we will send you amended                       Terms.

11.3     Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive                jurisdiction.

 

 

INFORMATION FOR CLIENTS

 

Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“Law Society”).

 

  1. Fees:  The basis on which fees will be charged is set out in our letter of engagement.  When payment of fees is to be made is set out in our Standard Terms of Engagement.

 

      We may deduct from any funds held on your behalf in our trust account any fees, expenses or                              disbursements for which we have provided an invoice.

 

  2.  Professional Indemnity Insurance: 

  • Particulars of our professional indemnity insurance are as follows:

       We do currently hold Professional Indemnity Insurance cover that exceeds any minimum standards                     specified by the New Zealand Law Society.

 

  3.  Lawyers Fidelity Fund:  The Law Society maintains the Lawyers Fidelity Fund for the purposes of providing         clients of lawyers with protection against pecuniary loss arising from theft by lawyers.  The maximum                 amount payable by the Fidelity Fund by way of compensation to an individual claimant is limited to                      $100,000.  Except in certain circumstances specified in the Lawyers & Conveyancers Act 2006 the Fidelity             Fund does not cover a client for any loss relating to money that a lawyer is instructed to invest on behalf             of the client.

​  4.  Complaints:  We maintain a procedure for handling any complaints by clients, designed to ensure that a             complaint is dealt with promptly and fairly.

        If you have a complaint about our services or charges, please contact our Practice Manager, Maria                       McCracken or you may refer your complaint to the person in our firm who has overall responsibility for                your work.

        If you do not wish to refer your complaint to that person, or you are not satisfied with that person's                      response to your complaint, you may refer your complaint to Catherine Quin who is the Principal of this              firm.

 

        She may be contacted as follows:

 

 

The Law Society also maintains a complaints service and you are able to make a complaint to that service.  To do so you should contact the Law Society as follows:

 

New Zealand Law Society Complaint Service

PO Box 150

Taranaki Mail Centre

NEW PLYMOUTH 4340

Phone: 0800 261 801

 

  5.  Persons Responsible for the Work:  The names and status of the person or persons who will have the                 general carriage of or overall responsibility for the services we provide for you are set out in our letter of             engagement.

  6.  Client Care and Service:  The Law Society client care and service information is set out below:

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

 

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

  • Protect and promote your interests 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.

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

 

  7.  Limitations on extent of our obligations or liability:  Any limitations on the extent of our obligations to you         or any limitation or exclusion of liability are set out in our letter of engagement.

© 2018 by UpConsulting

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