Every new client will be sent an engagement letter which attaches information for new clients and standard terms of engagement. This letter is sent in accordance with New Zealand Law Society rules for client care. The following are the Standard Terms of Engagement.
TERMS OF ENGAGEMENT
These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out on your behalf, except to the extent that we otherwise agree in writing.
- The fees I will charge or the manner in which they will be arrived at, are set out in my engagement letter.
- If the engagement letter specifies a fixed fee, I will charge this for the agreed scope of my services. Work which falls outside that scope will be charged on an hourly rate basis. I will advise you as soon as reasonably practicable if it becomes necessary for me to provide services outside the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.
- My fees are calculated on an hourly basis as set out in my engagement letter. Time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes.
- Hourly fees may be adjusted (upwards or downwards) to ensure the fee is fair and reasonable to take into account matters such as the complexity, urgency, value and importance of the Services. Full details of the relevant fee factors are set out in Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules).
- If you have difficulty in paying any of our accounts, please contact me promptly so that we may discuss payment arrangements.
If your account is overdue I may:
- require interest to be paid on any amount which is more than 14 days overdue, calculated at the rate of 1.5 % per month;
- stop work on any matters I am providing services to you;
- require security before recommencing work;
- recover from you in full any costs incurred (including on a solicitor/client basis) in seeking to recover the amounts from you, including my fees and the fees of any collection agency.
- Payment may be made by direct credit payment to:
SBS, Queenstown – OXNEVAD account no: 031355 0017930 00
- to the extent necessary or desirable to enable me to carry out your instructions; or
- as expressly or impliedly agreed by you; or
- as necessary to protect our interests in respect of any complaint or dispute; or
- to the extent required or permitted by law.
- I may keep a record electronically and destroy originals (except where the existence of an original is legally important such as in the case of wills and deeds).
- At any time, I may dispose of documents which are duplicates, or which are trivial (such as emails which do not contain substantive information), or documents which belong to me.
- I am not obliged to retain documents or copies where you have requested that we provide them to you or to another person and we have done so, although we are entitled to retain copies for our own records if I wish to do so.
- Lawyers Complaints Service
- PO Box 5041
- Wellington 6140
- New Zealand
- Phone: 0800 261 801
- To lodge a concern:
- To make a formal complaint:
- Email: firstname.lastname@example.org