Terms of Engagement

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

1. Services

1.1 The services which I am to provide for you are outlined in our engagement letter.

2. Financial

1. 1. Fees:

1. The fees which I will charge or the manner in which they will be calculated, are set out in our engagement letter.

1. If the engagement letter specifies a fixed fee, I will charge this for the agreed scope of our services.  Work which falls outside that scope will be charged in accordance with the Lawyers and Conveyancers Act, Rules of Conduct and Client Care, Rule 9.  I will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of the further costs.

1. When determining a fee Rule 3.01 of the New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors requires us to take into account the following guidelines:

(i) The skill, specialised knowledge, and responsibility required;

(ii) The importance of the matter to the client and the result achieved;

(iii) The urgency and circumstances in which the business is transacted;

(iv) The value or amount of any property or money involved;

(v) The complexity of the matter and the difficulty or novelty of the questions involved;

(vi) The number or importance of the documents prepared or perused;

(vii) The time and labour expended;

(viii) The reasonable costs of running a practice;

(ix) The relative importance of the factors set out above will vary according to the particular circumstances of each transaction.

2.2 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.  I may require an advance payment for the disbursements or expenses which I will be incurring on your behalf.

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

2.4 Invoices:  I will send interim invoices to you, usually monthly and on completion of the matter, or termination of our engagement.  I may also send you an invoice when I incur a significant expense, either by way of disbursements or by way of work carried out by me.

2.5 Payment:  Invoices are payable within 14 days from the date of each invoice, unless alternative arrangements have been made with me.  I shall require interest to be paid on any amount which is more than seven days overdue.  Interest will be calculated at the rate of 1.25% per month on the account.  Receipt of payment will only be sent out at the request of the client.

2.6. Security:  I may ask you to pre-pay amounts to us, or to provide security for our fees and expenses.  You authorise me:

(a) to debit against amounts prepaid by you; and

(b) to deduct from any funds held on your behalf in my instructions solicitors trust account

any fees, expenses or disbursements for which I have provided an invoice.

2.7 Third parties:  Although you may expect to be reimbursed by a third party for my fees and expenses, and although my invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to me if the third party fails to pay me.  

3. Confidentiality

3.1 I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you.  I will not disclose any of this information to any other person except:

(a) to the extent necessary or desirable to enable us to carry out your instructions; or

(b) to the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.

3.2 Confidential information concerning you will as far as practicable be made available only myself, or those within my instructing solicitors firm who are providing legal services for you.

3.3 I will of course, not disclose to you confidential information which I have in relation to any other client.

4. Termination

1. 1. You may terminate our retainer at any time.

   2. I may terminate our retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

1. 1. 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.

5. Retention of files and documents

5.1 You authorise me (without further reference to you) to destroy all files and documents for this matter (other than any documents that my instructing solicitor may from time to time be required to hold in safe custody for you) seven years after our engagement ends, or earlier if I have converted those files and documents to an electronic format.

6. Conflicts of Interest

6.1 I have procedures in place to identify and respond to conflicts of interest.  If a conflict of interest arises I 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.

7. Duty of Care

7.1 My 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.

8. Trust Account

8.1 As a barrister, I do not hold a trust account, however, my instructing solicitor does.  In the event that you are required to deposit monies into a trust account my instructing solicitors will hold all funds which they receive from clients (except monies received for payment of our invoices).  If they are required to hold significant funds on your behalf they will normally lodge those funds on interest bearing deposit with a bank.  In that case it is likely they will charge an administration fee of 5% of the interest derived.

9. General

9.1 These Terms apply to any current engagement and also to any future engagement, whether or not I send you another copy of them.

9.2 I am entitled to change these Terms from time to time, in which case I will send you amended Terms.

9.3 My relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.