Client Care Charter:

Our Commitment to You

We are committed to using our best endeavours to ensure that your legal needs are met. We will:

Protect and promote your interests and act for you free from compromising influences or loyalties.
Discuss with you your objectives and in our opinion how they should best be achieved.
Act competently, in a timely way, and in accordance with instructions received and arrangements made.
Provide you with information about the work to be done, who will do it and the way the services will be provided.
Protect your privacy and ensure appropriate confidentiality.
Treat you fairly, respectfully and without discrimination.
Give you clear information and advice.
Keep you informed about the work being done and advise you when it is completed.
Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
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 the justice system. If you have any questions, please contact us or the Law Society on 0800 261 801 or lawsociety.org.nz.

The Basis of Our Charges

Unless agreed otherwise our fees are based on the range of factors applied by the NZ Law Society including time, expertise, importance, urgency and results achieved. We will advise you of the current hourly rate of [lawyers working on your file. These rates may change from time to time, and a full list of the rates of any lawyers working for you is available at any time. We also charge for disbursements (court fees, bureau, registrations, duties/levies etc) and travel expenses incurred on your behalf. These will be itemised separately and we will notify you if any fees or disbursements need to be paid for in advance.

Third Parties

If you instruct us on behalf of another person or entity (such as a Company or Trust) you will still remain personally liable for payment of our fee.

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.

Billing Arrangements

To help you budget we may issue interim accounts, usually monthly, while work is in progress, with a final bill on completion. Current payment terms are set out on invoices from time to time, and unless otherwise stated are due for payment within 14 days. We may deduct from funds held on your behalf any fees, disbursements or expenses for which we have provided an invoice.

We may charge interest on accounts more than seven days late at the overdraft rate of our Bank.

Legal Aid

We note that if you have instructed us to apply for the grant of Legal Aid on your behalf we will keep you informed of the outcome of this application and if granted copy to you all invoices and requests for amendment to grant of legal aid forwarded to Legal Services Agency on your behalf. Should Legal Aid not be granted we will advise you and you will be charged according to the terms of this letter.

Professional Indemnity Insurance & Fidelity Fund

We hold professional indemnity insurance that meets or exceeds standards specified by the Law Society. The Lawyers’ Fidelity Fund also provides a limited form of cover up to specified maximums in certain circumstances, generally excluding investment monies.

Completion

When this matter is completed, we will advise you accordingly and provide a brief summary of the work undertaken if we have not already done so. Where appropriate we may also identify any necessary future action that may be required.

Retention of Files & Documents

We will usually retain the file relating to the services for a period of up to seven years. However, you may notify us at any time after we have completed work on the file that you wish to take over the storage of it. If we receive such a request in writing we will arrange for the file to be delivered into your care. Where the file involves multiple clients, we will need the written approval of all the clients involved before the file can be released. Prior to delivering the file into your possession, we may copy any material on the file. We may also remove from the file any information that belongs to our firm. If we do not receive a request from you, we may destroy the file and its contents at the end of the file retention period referred to above, without further notification to you. In such event you release us from all liability whether direct or consequential arising out of or flowing from such destruction.