TERMS OF ENGAGEMENT
  • Introduction

This document contains the terms of engagement on which we provide legal and related services to you.  Unless we agree different terms in writing, these terms apply whenever you instruct us to act for you.  We reserve the right to change these terms from time to time, and will publish the changed terms on our website.  By instructing us to provide you with legal services, you agree you have accepted these terms of engagement and any amendments we make to them.

  • Our Services

We will provide you with the legal services you request or we agree on, we will perform our services in accordance with all applicable professional and legal obligations utilising all due care and skill. 

Unless we agree otherwise in writing, our services are provided to you and not to any other party.  No one else may use or rely on our services without our written consent.

  • Legal Advisers

The names and status of the person(s) who will have responsibility for your work will be advised to you in writing in respect of each engagement.

  • Personal Information and Confidentiality

All information that you give us will be treated as confidential by us.  We will not disclose any confidential information unless required and authorised by you as our client, or authorised by the law or by the New Zealand Law Society's Rules of Conduct and Client Care for Lawyers.

Information concerning you will be utilised by us to provide legal services to you, to obtain credit or other references, to undertake credit management and to inform you of issues and developments that may be of interest to you.  You authorise us to obtain from any person, or release to any person, any information necessary for those purposes and you authorise any person to release information to us that we require for those purposes.
  • Our Fees

Generally our fees are based on the relevant factors as are determined by the Lawyers and Conveyancers Act 2006.  These factors include the urgency with which your instructions were required to be completed, the degree of specialised knowledge required, the degree of risk assumed by us in undertaking your legal services, the time taken to complete the work and the complexity of the work undertaken.

Wherever possible we provide estimates of anticipated fees and expenses.  In cases where it possible to define precisely the anticipated work involved, we will provide a fixed quote. 

  • Disbursements and Expenses

Disbursements include expenses such as search fees, registration fees, court filing fees, barristers' fees, travel expenses, couriers, form fees, photocopying, communication expenses and the fees of agents.  You are responsible for reimbursing our firm for all disbursements, which may be included with our invoices or may be billed separately.  Our policy requires us to obtain from you funds in advance for significant disbursements, in which case these monies will be held in our trust account on your behalf and utilised to pay any charges as they fall due.

  • Payment of Invoices

You will usually receive regular accounts (monthly) or an account when the engagement is completed.  Our accounts are payable within 10 days of the date of the invoice.

You are liable to pay our accounts whether or not you have a right of recovery from a third party, and whether or not a third party seeks a review of our accounts.  If you do not pay within 30 days, we reserve the right to charge you interest on any unpaid amount at the National Bank Business Overdraft Rate.

 

If your account remains unpaid we may:

    • Start proceedings to recover the amount owed plus interest at the National Bank Business Overdraft Rate and any collection costs incurred; and/or
    • Do no further work for you and not release your papers and files until all accounts are paid.
  • Trust Account

We maintain trust accounts for all funds we receive from clients.  If we are provided with significant funds on your behalf, we will normally lodge such funds on interest bearing deposit with a Bank, in which case we will charge an administration fee of 5% of the gross interest earned on such funds.  If you wish your funds lodged on interest bearing deposit, please provide your IRD number or a copy of your Resident Withholding Tax (RWT) Exemption Certificate.  If you do not provide this RWT Certificate, RWT will be deducted at the non-declaration rate.

You authorise us to deduct our fees, disbursements and expenses from any funds held in our trust account on your behalf where we have provided a statement or an invoice.

  • Communications

If you have a preferred method of our firm communicating with you, please let us know.

We may correspond with you by email, unless you instruct us not to do so.  As emails are not always secure, or may have defects, we do not accept responsibility and will not be liable for any direct or indirect damage or loss caused by an email that is intercepted or has defects, including viruses.

  • Destruction of Files and Documents

At the end of your matter, we will keep your file(s) and documents for the minimum period required by law.  At the end of this period, we may destroy your file(s) and documents. 

  • Termination

You may terminate our engagement by giving us written notice at any time.

We may terminate our engagement as your lawyer if there is good cause.  If we terminate our engagement we will give you reasonable notice to enable you to make alternative arrangements.

At the point of termination you must pay all fees for work done and for other charges incurred up to the end of our retainer, incorporating also any costs incurred in our obtaining Court approval to withdraw as your solicitor (if necessary).

  • Questions and Feedback

Please contact us if you have any questions or feedback relating to any matters outlined in this document.

 


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