In formation 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 and when payment of fees is to be made is set out in our attached Standard Terms for the provision of legal services.
2. 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.
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 $100,000.00. 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, you may refer your complaint to the person in our firm who has overall responsibility for your work.
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, PO Box 821, Invercargill. Phone: 0800261801.
5. Persons Responsible for the Work:
The names and status of the person or persons who will have the general responsibility for the services we provide for you are set out in our letter for provision of legal services.
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.
- 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 https://www.lawyers.org.nz
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 for provision of legal services.
Standard Terms for Provision of Legal Services
These Standard Terms for provision of legal services (“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
The services which we are to provide for you are outlined in our attached letter for provision of legal services and include the general power to act and make enquiries of and incidental to your instructions.
2. FINANCIAL
2.1 Fees - Paragraph 9.1 Lawyers Conduct and Client Care Rules 2008
Reasonable fee factors
The factors to be taken into account in determining the reasonableness of a fee in respect of any service provided by a lawyer to a client include the following:
- (a) The time and labour expended. A base hourly rate of $320.00 plus GST and disbursements may be applied.
- (b) The skill, specialised knowledge, and responsibility required to perform the services property
- (c) The importance of the matter to the client and the results achieved
- (d) The urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client
- (e) The degree of risk assumed by the lawyer in undertaking the services, including the amount or value of any property involved
- (f) The complexity of the matter and the difficulty or novelty of the questions involved
- (g) The experience, reputation, and ability of the lawyer
- (h) The possibility that the acceptance of the particular retainer will preclude engagement of the lawyer by other clients
- (i) Whether the fee is fixed or conditional (whether in litigation or otherwise)
- (j) Any quote or estimate of fees given by the lawyer
- (k) Any fee agreement (including a conditional fee agreement) entered into between the lawyer and client
- (l) The reasonable costs of running a practice
- (m) The fee customarily charged in the market and locality for similar legal services
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:
GST is payable by you on our fees and charges.
2.4 Invoices:
We will send interim invoices to you, usually monthly and on completion of the matter, or termination of our services. We may also send you an invoice when we incur a significant expense. You hereby agree that 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.
2.5 Payment:
Invoices are payable within 14 days of the date of the invoice, unless alternative arrangements have been made with us. We may require interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate of 2% above our firm’s main trading bank’s 90 day bank bill buy rate as at the close of business on the date payment became due.
2.6 Security:
We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:
- (a) To debit against amounts pre-paid by you; and
- (b) To deduct from any funds held on your behalf 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. CONFIDENTIALITY
3.1 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.
3.2 Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services for you.
3.3 We will of course, not disclose to you confidential information which we have in relation to any other client.
4. TERMINATION
4.1 You may terminate our retainer at any time.
4.2 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
4.3 If our retainer is terminated you are to pay us all fees due up to the date of termination and all expenses incurred up to that date.
5. RETENTION OF FILES AND DOCUMENTS
5.1 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) 7 years after our services and or earlier if we have converted those files and documents to an electronic format.
6. CONFLICTS OF INTEREST
6.1 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. If we are acting for you in a Commercial or Conveyancing transaction and also the other party or parties to the same transaction, then we may only do so with all parties informed consent. Your signing of our letter for Provision of Legal Services is confirmation of your express consent in this regard.
7. DUTY OF CARE
7.1 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.
TRUST ACCOUNT
8.1 We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank. In that case we may charge an administration fee of up to 10% of the interest derived.
9. GENERAL
9.1 We are entitled to change these Terms from time to time, in which case we will send you amended Terms.
9.2 Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.