Information for Clients
Set out below is the information that we are required to supply to you pursuant to the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“Law Society”).
- Fees – The basis on which our fees will be charged is set out in our Standard Terms of Engagement.
- Basis of charging – Where we have indicated in our letter of engagement that we will charge a fixed fee, please note that if the work falls outside of the summary we have provided, additional work will be charged on an hourly rate basis, or, if requested, we will give you a further estimate of our costs. Where we have not provided a fixed fee estimate, we will charge primarily based on the time spent on your matter and the applicable hourly rate or rates of the person or persons working on your matter as detailed in our letter of engagement.
- Deduction of fees – 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). Before we make any deduction, we will send you our invoice as required by the Lawyers and Conveyancers Act (Trust Account) Regulations 2008.
- Professional indemnity insurance – We hold professional indemnity insurance that meets or exceeds the minimum standards set out by the Law Society.
- Lawyers fidelity fund coverage – The Law Society maintains the Lawyers’ Fidelity Fund for the purpose of providing clients of lawyers with protection against loss arising from theft by lawyers. The maximum amount to an individual claimant is limited to $100,000.00. Except in circumstances specified by 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.
- Limitations on our obligations or liability – Any limitations on the extent of our obligations to you or any limitation or exclusion of our liability are set out in our letter of engagement.
- Complaints –If you have a complaint about our services or charges, please advise the person at our firm who has overall responsibility for your work as noted in our letter of engagement. If we have been unable to resolve a complaint or concern you may have, you may contact:
The Lawyers Complaints Service
Phone: 0800 261 801
Website: www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form
Email: [email protected]
- Persons responsible for your work – The name or names and status of the person or persons who will have general carriage of or overall responsibility for the services we provide for you are set out in our letter of engagement.
- Keeping your records – We will retain or dispose of your records in accordance with our Standard Terms of Engagement. We will provide copies to you in accordance with our obligations under the Privacy Act 2020 on request. We may charge for cost of providing records to you.
- Compliance obligations – We are obligated to comply with all laws applicable to us in all jurisdictions, including (but not limited to):
- Anti-money laundering and countering financing of terrorism laws; and
- Laws relating to tax and client reporting and withholdings.
- We may be required to undertake customer due diligence on you, personas acting on your behalf and other relevant persons such as beneficial owners and controlling persons. We may not be able to begin acting, or to continue acting, for you until that is completed.
- Law Society’s client care and service information – The Law Society’s client care and service information is set out below. Whatever legal services we are providing, we 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.lawyers.org.nz or telephone the Law Society on 0800 261 801.
