Standard Terms of Engagement Letter
At the outset, we would like to take this opportunity to outline some important matters about the services provided by this firm. We do this to ensure that all involved fully understand the terms under which we are able to provide the services you require. This letter is sent in accordance with New Zealand Law Society rules which we are required to send for every new client instruction. You may have received a similar letter from us previously if this is not the first time you have instructed Macalister Todd Phillips; please read this again to ensure the Terms of Engagement have not varied from the previous occasion.
Please note that by continuing to instruct us after the receipt of this letter, you are acknowledging your acceptance of the terms outlined below. Accordingly, it is important to promptly contact me should you have any queries or concerns about our terms.
Fees
We will charge a Fee which is fair and reasonable for the services provided having regard to your interests and our interests.In determining the Fee, the following may be taken into account:
- the time and labour expended
- the skill, specialised knowledge, and responsibility required to perform the services properly
- the importance of the matter to you and the results achieved
- the urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by you
- the degree of risk assumed by us in undertaking the services including the amount or value of the property involved
- the complexity of the matter and the difficulty or novelty of the questions involved
- the experience, reputation and ability of the members of our firm working on your matter
- the possibility that the acceptance of the particular instructions will preclude employment of us by other clients
- whether the Fee is fixed or conditional
- any quote or estimate given by us
- any Fee agreement entered into between you and us
- the reasonable costs of running our firm
- the Fee customarily charged in the market and locality for work similar to yours.
The hourly rate varies from the partner or staff member dealing with your file. We endeavour to delegate work to people best able to complete a given task at the most appropriate rate. This keeps your Fees to a minimum whilst maintaining the quality of service provided.
In addition to our Fees, GST and any other expenses such as government charges, tolls, faxes and photocopying will be added to your account(s).
When we receive funds on your behalf, such as in a standard conveyancing transaction, our Fees and expenses are generally deducted upon receipt. If this arrangement does not suit your specific circumstances, it is important that you discuss this with us as soon as possible, so that an alternative arrangement can be made.
Although you may expect to be reimbursed by a third party for our Fees and expenses, and although our Invoices may be 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.
Where funds held in our Trust Account on behalf of yourself or a third party are of sufficient amount and required to be held for sufficient time, those funds may be placed on interest earning deposit. The interest earned net of resident withholding tax will be paid out less a small commission deducted for our administration involved.
For some services, such as criminal court work, a partial or full payment to provide security for our Fees and expenses will be required prior to our commencing work.
We render interim Invoices on a monthly basis. This keeps you informed as to progress to date and Fees incurred, as well as spreading payments over time.
Payment Terms
It is our strict policy to require payment by the 20th of the month following rendering an Invoice.
Interest is charged on overdue accounts at the rate of 2% per month.
If your Invoice remains unpaid (and we have not made other arrangements with you), steps may be taken to recover monies owing. Should such steps be necessary, all debt collection fees including any solicitor's costs as charged at our usual rates are also payable by you. Please note that this is our last resort to recover debts - we would generally prefer to come to an arrangement with you without having to take such steps.
We reserve the right to stop work if any Invoice remains outstanding and/or if we have reasonable cause to believe that you will not meet the costs of ongoing work being undertaken, or a request for information or action remains unsatisfied.
Credit Checking
All new clients may be required to give us permission to obtain any private information from any source relating to financial and other details, for credit reference purposes.
Conflicts
Conflicts may arise after we take initial instructions from you - we reserve the right to require either or both clients to be separately advised.
Privacy & Confidentiality
We will treat all information we hold about you as private and confidential and will not disclose any information we hold on your behalf or about you unless we are required to do so by law or where it is necessary to do so to provide our services to you or when requested by you or with your consent.
Client Files & Documents
Most client files will be confidentially destroyed seven years after we have closed them in accordance with New Zealand Law Society regulations. If you do not wish your files to be destroyed after that time, please contact us to make alternative arrangements. To cover our cost we charge a small fee of $25.00 for file management and storage.
The Lawyers' Fidelity Fund
This Fund exists to provide compensation for clients who suffer a pecuniary loss in certain circumstances. These circumstances are the theft by a lawyer of money or other valuable property entrusted to that lawyer while they are providing legal services to the public or while they are acting as a solicitor-trustee. It should be noted though that the Fund will not pay compensation in respect of money instructed to be invested in a Bank in New Zealand, or in some private loans such as family loans.
This is only a short summary of the major provisions in the Lawyers and Conveyancers Act 2006 relating to the Fidelity Fund. If you would like further information please ask us.
Professional Indemnity Insurance
We hold current Professional Indemnity Insurance which exceeds the minimum standards from time to time specified by the New Zealand Law Society.
Limitation of Liability
We do not accept liability for any loss arising from non receipt of any communication including E-mail communications.
If you have a Complaint
We will provide you with a competent, timely service following your instructions, but if you have any complaint at all about our service please raise it with the partner responsible for your matter, or, if you prefer, our managing partner who will deal with it promptly and fairly.
If you are not satisfied with the outcome, you have the right to take the matter up with the New Zealand Law Society which runs a complaints service.
Newsletter
Free of charge, we will send you a regular newsletter to keep you informed about legal matters that may be of interest. However if you do not want to receive this, please let us know.
We reiterate that if any of the above requires clarification, please do not hesitate to contact myself or the Partner acting on your behalf.
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