Client Terms of Engagement

This is my client engagement letter setting out the terms on which I will act for you in relation to your matter.

Client Care Charter – My Commitment to You

My staff and I are committed to doing our best to ensure that your legal needs are met in this matter.  We will:

1. Protect and promote your interests and act for you free from compromising influences or loyalties.
2. Discuss with you your objectives and how they should best be achieved.
3. Act competently, in a timely way, and in accordance with instructions received and arrangements made.
4. Provide you with information about the work to be done, who will do it and the way the services will be provided.
5. Protect your privacy and ensure appropriate confidentiality.
6. Treat you fairly, respectfully and without discrimination.
7. Give you clear information and advice.
8. Keep you informed about the work being done and advise you when it is completed.
9. Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
10. 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 (details above) or the Law Society on 0800 261 801 or at www.lawsociety.org.nz.

Legislation

1. We are obliged 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.
2. This will mean we need to obtain certain information from you, and if applicable, person(s) acting on your behalf and any other relevant persons such as beneficial owners, beneficiaries, and controlling persons. We may not be able to begin acting, or continue acting, for you until that is completed.
3. In some circumstances we may be obliged to provide information or report certain transactions to government agencies, and there may be circumstances where we are not able to tell you if we do provide such information or report a transaction.

People Responsible for your Work

1. As a Sole Practitioner I have overall responsibility for all of the work on this matter.  It would be best to phone me in the first instance (DDI 365 2495) but you are always free to leave a message with my staff.

The Basis of our Charges

1. 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.  My current hourly rate is $450 plus GST.  This rate may change from time to time, but you will be notified in the event of any change.  Insofar as my staff are involved in performing original work as an author (as opposed to something straight forward like typing which is covered under my hourly rate) then the applicable charge out rate for them is $200 plus GST per hour.  We also charge for disbursements incurred on your behalf (e.g. court fees, registration fees, LIM reports, file storage and destruction fee ($69.86) as well as a minimum standard fee of $35.00 (or the greater actual cost) to cover administration expenses such as photocopying, postage, telephone and fax expenses).  These will be itemised separately on your account, and we will notify you if any fees or disbursements need to be paid for in advance.
2. If you have any questions in relation to our charges, I am quite happy to discuss fee matters at any time including things such as fixed fees, conditional fees and retainers.

Estimate of Fees

1. We will endeavour to provide an estimate of our charges for your matter which amount will be plus GST plus disbursements.  We will inform you if there are any material and unexpected delays, or if it becomes apparent that our estimate is likely to be exceeded.

File Retention and Storage

1. Lawyers are required to retain their client files for seven years unless they are in an electronic format.  These days file storage is very expensive, particularly post earthquake.  Converting files to an electronic format is desirable and accordingly:

(a)    The original of your file will be archived for a period of seven years and, on the basis that we have your authority, it will be destroyed after that.

(b)    Prior to it being archived it will be scanned and stored in an electronic format.

(c)    To comply with various pieces of legislation and to ensure your file’s security we outsource the custody, and conversion to digital format, of all files following completion, at a cost of $69.86 per matter.

COVID-19, Wearing of Masks & Entry to the Office

1. My staff and I are fully vaccinated, and we hope you will be too.  To avoid any issues in respect of COVID-19 and its variants we would ask that all clients coming into the office wear a mask, scan the QR code and sanitise using the dispensary or bottle available.  Removal of masks will be at the discretion of my staff.
2. We reserve the right to ask what your vaccination status is. If you do not wish to disclose your vaccination status, we will assume you are unvaccinated and we will take appropriate steps to safeguard both yourself and my staff.  These may include, but are not limited to, the remote signing of documents, meetings via telephone and/or no person to person contact etc.
3. To be clear, we will continue offering a full legal service to both vaccinated and unvaccinated clients but may need to limit contact in the office with some clients to preserve the health and safety of everyone.

Professional Indemnity Insurance & Fidelity Fund

1. 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.

Complaints

1. If you have any concerns or complaints, would you please phone me in the first instance.  If however you have any concerns or complaints that you prefer not to raise with me or my staff, then you are invited to contact Mark Wilson, a Sole Practitioner practising at Mark Wilson Law (phone 365 4523), who has agreed to field any concerns from my clients in circumstances where they do not wish to raise it with me or my staff in the first instance.
2. I am committed to resolving any issues as soon as possible.  As mentioned above, my preference would be that you discussed any issues with me first.  However, if you felt unable to do this or you did not wish to speak with Mark Wilson, as a further alternative you are welcome to contact:

The Lawyers’ Complaints Service

Telephone:  0800 261 801

Email:  complaints@lawsociety.org.nz

Website:  www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form

Completion

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

Conclusion

1. We value your instructions in this matter and look forward to their successful completion.  We also look forward to an ongoing relationship with you, so please retain this letter as the core basis of our relationship and our commitment to you to attend to your affairs diligently, with an efficient, effective and professional service.