Terms of Engagement

These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

Services:  The services we are to provide for you are outlined in our engagement letter.

Fees:  The fees we will charge or the manner in which they will be arrived at, are set out in our engagement letter.

Disbursements and expenses:  In providing services we may incur disbursements or have to make payments to third parties on your behalf.  These will be included in our invoice to you when the expense is incurred.  A sundry office expense of 2% of the bill will be charged against each file.

GST (if any):  Is payable by you on our fees and charges.

Invoices:  We will send interim invoices to you, usually monthly and on completion of the matter, or termination of our engagement.

Payment:  Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made with us.  We may require interest to be paid on any amount which is more than 7 days overdue.  Interest will be calculated at the rate of 15.50% per annum.  Notwithstanding the above conveyancing files will be invoiced and due and payabe on the date of settlement.

Unpaid accounts:  Accounts which are overdue and unpaid may be sent to a Debt Collection Agency at our discretion.  Should your account be sent to a Debt Collection Agency, you will become responsible for all costs associated with such collection.

Third Parties:  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.

Confidentiality: We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you.  We will not disclose any of this information to any other person except to the extent necessary or desirable to enable us to carry out your instructions; or to the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.

Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services for you.  We will of course, not disclose to you confidential information which we have in relation to any other client.

Termination: You may terminate our retainer at any time.  We may terminate our retainer in any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers.  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.

Retention of files and documents:  You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 7 years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.

Conflicts of Interest:  We have procedures in place to identify and respond to conflicts of interest.  If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society's Rules of Conduct and Client Care for Lawyers.

Duty of Care:  Our duty of care is to you and not to any other person.  Before any other person may rely on our advice, we must expressly agree to this.

Trust Account: We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices).  If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank.  In that case we will charge an administration fee of 5% of the interest derived.  

General:  These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.  We are entitled to change these Terms from time to time, in which case we will send you amended Terms.  Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.