Client Care & 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;

 

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

 

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.nzor call 0800 261 801.

 

 

Fees

 

• My fee shall be set by reference to my hourly charge out rate and to other factors and advised at the time of your initial instructions. 

 

• I reserve the right to alter my charge out rate from time to time (with prior notice given).

 

• I usually render invoices at the end of every month.  I require payment within seven days of the date of invoice.

 

 

Termination of Retainer

 

• You may terminate my retainer at any time on five working days written notice to that effect.

 

• I reserve the right to suspend or to terminate this brief at any time and without notice should I consider that I am in a position of conflict of interest or duty, if an account is delinquent, or if I have “good cause” to terminate the retainer (as provided for in the Law Society’s Rules of Conduct and Client Care for Lawyers).

 

Exclusions

 

• I shall not be responsible or liable for any loss which you may suffer arising out of or consequent upon the suspension or termination of my retainer in accordance with clause 4.2 above.

 

• I shall not be responsible or liable for any loss or damage which any person other than you may suffer by relying on my advice, unless and to the extent only that I have expressly agreed in writing to waive this exclusion.

 

 

Professional Indemnity Insurance

 

• I hold professional indemnity insurance that exceeds the minimum standards specified by the New Zealand Law Society.

 

 

Complaints

 

• If you have a complaint about my services, I would be happy to meet with either or both of you to discuss the complaint so that we can attempt to resolve it between ourselves.

 

• If you do not wish to meet with me to discuss the complaint, or if we are unable to resolve it, then the complaint may be referred to the Lawyers Complaints Service of the New Zealand Law Society. In the first instance telephone (+64)0800 261 801to be connected to the nearest Complaints Service Office, which can provide information and advice about making a complaint.

 

 

 

Terms of Engagement

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

 

1.         Services 

 

1.1.     The services I shall provide will be discussed with you/outlined in my letter of engagement.

 

2.         Financial

 

2.1.     Fees:  The fees I will charge and the manner in which they will be arrived at, are set out in my letter of engagement. 

 

2.2.     Disbursements and expenses: In providing services I may incur disbursements or have to make payments to third parties on behalf of you.  These will be included in my invoice when the expense is incurred, but I may require an advance payment for particular disbursements or expenses.

 

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

 

2.4.     Invoices:  I will send interim invoices to you, usually monthly, and upon completion of the matter, or termination of my engagement.  I may also send an invoice when I incur a significant expense.

 

2.5.     Payment:  Invoices are payable within seven days of the date of the invoice, unless alternative arrangements have been made with me.  I may require interest to be paid on any amount which is more than seven days overdue. Interest will be calculated at the rate of 2% above my trading bank’s 90-day bank bill buy rate as at the close of business on the date payment became due.

 

2.6.     Security:  If matters progress to Court proceedingsI may ask you to provide security for my fees and expenses by paying such security into a solicitor’s trust account, on the basis that any fees, expenses or disbursements for which I have provided an invoice shall be paid and deducted from such security.  

 

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

 

3.         Confidentiality

 

3.1.     I will hold in confidence all information concerning you and your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except:

 

(a)          To the extent necessary or desirable to enable me to carry out my instructions; or

 

(b)          To the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.

 

3.2.     Confidential information concerning you will as far as practicable be made available only to those within my practice who are providing legal services for you.

 

3.3.     I will not disclose to you confidential information which I have in relation to any other client.

 

4.         Termination

 

4.1.     You may terminate my retainer on five working days written notice to that effect.

 

4.2.     I may terminate my retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

 

4.3.     If my retainer is terminated you must pay all fees due and expenses incurred up to the date of termination.

 

5.         Retention of files and documents

 

5.1.     You authorise me (without further reference to you) to destroy all files and documents for this matter seven years after my engagement ends, or earlier if I have converted those files and documents to an electronic format.

 

6.         Conflicts of interest

 

6.1.     If a conflict of interest arises I 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.

 

7.         Duty of Care

 

7.1.     My duty of care is to you and not to any other person.  Before any other person may rely on my advice, I must expressly agree to this.

 

8.         General

 

8.1.     These Terms apply to any current engagement and also to any future engagement, whether or not I send you another copy of them.

 

8.2.     I am entitled to change these Terms from time to time, in which case I will send you amended Terms.

 

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

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