Our Terms & Engagement

Instructions

• The services we are to provide for you will be outlined in our engagement letter along with any further instructions that you provide to us in writing (or that we record in writing).

• When instructing us on behalf of a third party such as a partnership, trust, incorporated society or company, or under an enduring power of attorney, you warrant that you are authorised by the third party to give such instructions and you indemnify us in that regard.

 Personal Information and Communication

• We will ask you to provide your contact details, which includes your residential and postal addresses, email addresses and telephone numbers. You agree to advise us if your contact details change. We will also ask you to provide photo identification, proof of your address and, for conveyancing matters, your Inland Revenue number.

• We will generally provide documents and other communications to you by email. If this is impractical for any reason, please discuss this with your solicitor.

• We will report to you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time.

Anti-Money Laundering

• Under the Anti Money Laundering and Countering Financing of Terrorism Act 2009 for certain transactions we must take further steps to verify your identity, address and the source of any funds to be used. We may use a trusted third party for this purpose.

• You do not have to provide the information we request from you; however, you acknowledge that we may not be able to act for you if you do not.

• When we request such information, you warrant that you are authorised to provide the personal information requested and consent to your information being passed to and checked with the document issuer, official record holder, a credit bureau (note that your information will be checked against a credit file header database – this is not a credit check), and other authorised third parties for the purpose of verifying your identity and address.

Fees and Disbursements

• Our letter of engagement will set out the basis upon which you will be charged for our work. Such charges will be on the basis of:

(a)         a fixed fee; or

(b)         the solicitors’ hourly rates as determined from time-to-time, billed in six-minute increments; or

(c)         a combination of fixed-fee and hourly rate.

• GST is payable by you on all fees and charges

• Fees charged based on hourly rates may be adjusted (upwards or downwards) to ensure that the fee is fair and reasonable having regard to factors such as the complexity, urgency, value and importance of the work completed. Relevant fee factors are set out in Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Care) Rules 2008.

• The provision of certain services requires the payment of disbursements, such as court filing fees and property search and registration fees. You authorise us to incur such disbursements on your behalf. In certain circumstances we will require the payment of disbursements in advance; otherwise they will be included in our invoice to you.

• For matters billed on an hourly rate basis, we will provide an estimate of fees if requested. Any such estimate is not a quote and, unless otherwise stated, excludes GST and disbursements. If an estimate of fees is likely to be exceeded, we will discuss this with you at the earliest opportunity.

• If we are engaged to act for you on a legal aid basis and legal aid is applied for but not granted, or is subsequently withdrawn, you agree to pay the amount billed in terms of this agreement.

Invoices and Payment Terms

• We will send invoices at the beginning of each calendar month, and on completion of the matter or on termination of our engagement. Invoices are payable within 7 days of the date of the invoice unless you have made alternative payment arrangements which have been agreed by us in writing.

• If you engage us to complete residential conveyancing services, you must pay our fees and any disbursements on or before settlement day unless you have arranged otherwise.

• You authorise us to debit against amounts prepaid by you, and/or to deduct from any funds held on your behalf in our trust account, for any fees, expenses or disbursements for which we have issued an invoice.

• In the event you are unable to pay one of our invoices, you must contact us immediately. Extended credit terms or a payment arrangement may, at our sole discretion, be made available.

• In respect of overdue amounts for which no payment arrangement has been made, and until such overdue amounts have been paid in full, we may:

(a)         Charge interest daily on the total amount outstanding at the rate of 10 per cent per annum;

(b)         Stop work on any matters in respect of which we are providing services to you;

(c)         Require the payment of fees in advance or other security before recommencing work;

(d)         Recover from you in full any costs incurred (including on a solicitor/client basis) in seeking to recover the amounts from you, including our own fees and the fees of any collection agency.

• You understand that we hold a lien over documents in our possession until payment is made.

• Although you may expect to be reimbursed by a third party for fees and expenses, you nevertheless remain responsible for paying our fees should that third party fail to do so.

Other Matters

• In relation to court proceedings you acknowledge that if you fail to provide us with instructions or should we be unable to contact you we will apply to the court to be removed as solicitor on record.

• You authorise us, without further reference to you, to destroy all files and documents held in relation to a particular matter seven years after our engagement ends, or earlier in the case of hard-copy files which we have converted into an electronic format. This provision expressly does not apply to documents, such as trust deeds, wills and powers of attorney which we hold securely and indefinitely on your behalf.

• We have procedures in place to identify and respond to conflicts of interest. Should a conflict of interest arise, we will discuss this with you and follow the requirements of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.

• Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must give our express agreement in writing.

 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 requires us to provide the following information to you:

1.  The basis on which fees will be charged and when, and how, they are required to be paid are as set out in our terms of engagement and/or our letter of engagement to you.

2.  We hold professional indemnity insurance that meets or exceeds the minimum standards set by the NZ Law Society. Particulars of those minimum standards will be provided on request.

3. The NZ 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, the Lawyers Fidelity Fund does not provide cover for any loss of money that a lawyer is instructed to invest on behalf of the client.

4. We have a procedure for handling client complaints which is designed to ensure that any complaint is dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer your complaint to the practice principal. You may also contact the NZ Law Society’s Lawyers Complaints Service on 0800 261 801 or by email to  complaints@lawsociety.org.nz.

5. Our letter of engagement will set out the name and status of the person who will have the general carriage of or overall responsibility for the services we provide for you.

6. Any limitations as to the extent of our obligations to you or any limitation or exclusion of liability will be set out in our letter of engagement to you.

The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 provide that your lawyer must:

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

(b)         Protect and promote your interests and act for you free from compromising influences or loyalties.

(c)         Discuss with you your objectives and how they should best be achieved.

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

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

(f)          Give you clear information and advice.

(g)         Protect your privacy and ensure appropriate confidentiality.

(h)         Treat you fairly, respectfully and without discrimination.

(i)          Keep you informed about the work being done and advise you when it is completed.

(j)          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 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 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.lawyers.org.nz or phone 0800 261 801.