Below you can read our letter of engagement. This includes your rights, our rights, and guidelines created by the New Zealand Law Society
If we hold funds on your behalf you authorise us to deduct our fees from those funds (unless they
have been provided for a particular purpose) and send you an invoice as required by the Lawyers and
Conveyancers Act (Trust Account) Regulations 2008.
We hold professional indemnity insurance which meets the standards set by the Law
Society.
The Law Society maintains the Lawyers Fidelity Fund to protect clients of lawyers against loss arising from theft by lawyers. The maximum amount for an individual claimant is limited to $100,000. Except in certain circumstances specified in the Lawyers and 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.
To the extent permitted by law, our aggregate liability to you (whether in contract, equity, tort, statute,
or otherwise) arising out of your engagement of us on a matter (or any series of related issues) is
limited to the greater of:
• The amount available to be paid out under any relevant insurance held by us; or
• Three times the amount of our applicable fee (excluding our office services charge, disbursements,
and GST).
Any claim you have against us must be filed within two years after the date of the act or omission on
In these terms, "claim" and "the date of the act or omission on which the claim is based"have thehat act
or omission or its consequences (to the extent permitted by law).
In these terms, "claim" and "the date of the act or omission on which the claim is based" have the
same meanings as in the Limitation Act 2010.
This time limit overrides the periods under that Act and applies regardless of when any fact
relevant to the claim was first discovered or able to be discovered.
At the end of your matter, we will keep your file and documents in electronic form for the minimum
period required by law. We may then destroy the physical record. This will be done confidentially.
You may terminate our retainer at any time.
We may terminate or suspend our retainer in any of the circumstances set out in the Law Society’s
Rules of Conduct and Client Care for Lawyers. These include the discovery of a conflict of interest, failing to provide us with adequate instructions/responses, non-payment of our fees and disbursements, not following or ignoring our advice, or our considering that the relationship between us is such that you may be better served if we did not continue to act for you.
If our retainer is terminated you must pay us all fees due up to the date of termination and all
expenses incurred up to that date.
You are legally entitled to records and documents that you are a party to and written correspondence
with us.
It is your responsibility to keep documents you have signed and the correspondences you sent to
us or request for a duplicate copy from us immediately upon signing. If you require us to retrieve our physical or electronic copies, we require payment of our reasonable attendance fees upfront before we undertake a search of our record. File notes, inter-office memos (if any) are for our firm’s internal
use and is available to you at our full discretion.
For any new matter opening we need to be sure of your identity. This is a legal requirement designedto protect you and us. For any subsequent matters we may require identification to be supplied torefresh our records.We are required to see (or receive a copy certified as a true and correct copy of the original by a“trusted referee”, at least one form of ID, your IRD number, as well as a document that confirms youraddress.Your ID should be current and original and at least one of your forms of ID needs to contain a photo.
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 in which
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.nz or call 0800 261 801.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.