Standard Terms of Engagement
1 Services1.1 The services we are to provide for you are as outlined in the engagement letter provided to you before any significant work is completed. .
2.1 Fees:a The fees we will charge or the manner in which they will be arrived at, are set out in the engagement letter.
b If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of services. Work which falls outside that scope will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary to provide services outside the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.
c Where fees are calculated on an hourly basis, the hourly rates are set out in the engagement letter. Time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes.
2.2 Disbursements and expenses:
In providing services we will incur general disbursements; these will be included in the invoice to you at a rate of 1.5% of the total fees charged. We may also incur expenses to third parties on your behalf or direct costs. These amounts will be payable in full on request.
2.3 GST (if any):Is payable by you on fees and charges.
2.4 Invoices:We will send interim invoices to you, usually monthly and on completion of the matter, or termination of the engagement. We may also send you an invoice when we incur a significant expense.
2.5 Payment:Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made in advance. We will require interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate of 5% per month.
2.6 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 if the third party fails to pay.
3 Confidentiality3.1 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:
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 We will of course not disclose to you confidential information which we have in relation to any other client.
4 Termination4.1 You may terminate the retainer at any time.
4.2 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.
4.3 If the retainer is terminated you must pay all fees due up to the date of termination and all expenses incurred up to that date.
5 Retention of files and documents5.1 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 the engagement ends, or earlier if we have converted those files and documents to an electronic format.
6 Conflicts of Interest6.1 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.
7 Duty of Care7.1 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.
8 General8.1 These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
8.2 We are entitled to change these Terms from time to time, in which case we will send you amended Terms.
8.3 Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
8.4 If you have any questions please feel free to contact us.