TERMS OF ENGAGEMENT

• General
  • These Standard Terms of Engagement (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 exclusive jurisdiction.
• Services
  • The services we are to provide for you (the Services) are outlined in our letter of engagement along with any further instructions that you provide to us in writing (or that we record in writing).
  • In order to provide you with efficient advice and services and to provide the most cost-effective service, it may be that part, or all of your instructions will be delegated to other professionals in our firm.
• Communications
  • We will obtain from you contact details, including email address, postal address and telephone numbers. We may provide documents and other communications to you by email (or other electronic means). You will advise us if any of your contact details change.
  • We will report to you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time.
  • You agree that we may provide you from time to time with other information that may be relevant to you, such as newsletters and information bulletins. At any time, you may request that this not be sent to you.
• Financial
  • Fees: The basis upon which we will charge our fees is set out in our engagement letter.
    • If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of the Services. Work that falls outside that scope will be charged on a fixed rate and we will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside of the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.
  • Legal Aid basis
    • If legal aid is granted then they will pay us directly, after we render them an account. They will forward a copy of this account to you in due course.
    • The Legal Services Commissioner will write to you about any conditions such as a user charge fee or repayment obligations that you may have in relation to the grant of legal aid and your rights as an applicant to or recipient of legal aid. 
    • You should read these letters carefully and keep them for later reference. 
  • Disbursements and Third-Party Expenses:
    • In providing the Services we may incur disbursements and payments to third parties on your behalf.  You authorise us to incur these disbursements (which may include such items such as search fees, court filing fees, registration fees and travel and courier charges) which are reasonably necessary to provide the Services.  You also authorise us to make payments to third parties on your behalf which are reasonably required to undertake the Services (which may include items such as experts’ costs or counsel’s fees).  These will be included in our invoice to you, shown as “disbursements” when the expenses are incurred (or in advance when we know we will be incurring them on your behalf). 
    • Office Service Charge Fee (Administrative expenses): In addition, I charge a fee of $200 to cover administration costs which are not included in our fee. These include items such as photocopying and printing, postage, and phone calls.
    • GST: Our services will usually attract Goods and Services Tax (GST). If this is the case, GST is payable by you on our fees and charges.
    • Invoices: We will send invoices to you after each court appearance and when I commence the preparation of your sentencing submissions.
    • We may send you invoices when we incur a significant expense or undertake any further work required such as preparing written submissions or memorandums or if additional court time is required to deal with your matter. Additional costs will be charged at a fixed rate depending on the level of complexity and amount of work required.
    • Payment: Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made with us.
      • If you have difficulty in paying any of our accounts, please contact us promptly so that we may discuss payment arrangements.
      • If your account is overdue, we may:
        • stop work on any matters in respect of which we are providing services to you;
        • recover from you in full any costs we incur (including on a solicitor/client basis) in seeking to recover the amounts from you, including our own fees and the fees of any collection agency.
      • Payment may be made by direct debit/ online bank transfer credit to PD Legal

Kiwibank Account 38-9016-0516432-00- and please put your name as reference.

• Fees and disbursements in advance: We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses.  We may do this, on reasonable notice, at any time.
• Estimates: You may request an estimate of our fee for undertaking the Services at any time. If possible, we will provide you with an estimate (which may be a range between a minimum and a maximum amount or for a particular task or step).  An estimate is not a quote.  Any significant assumptions included in the estimate will be stated and you must tell us if those assumptions are wrong or change.  We will inform you if we are likely to exceed the estimate by any substantial amount.  Unless specified, an estimate excludes GST, disbursements and expenses.
• 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, you remain responsible for payment to us in accordance with these Terms if the third party fails to pay us.

Confidentiality and Personal Information

• Confidence: 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
  • as expressly or impliedly agreed by you; or
  • as necessary to protect our interests in respect of any complaint or dispute; or
  • to the extent required or permitted by law.
• 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.
• Personal information and Privacy: In our dealings with you we will collect and hold personal information about you. We will use that information to carry out the Services and to make contact with you about issues we believe may be of interest to you. Provision of personal information is voluntary but if you do not provide full information this may impact on our ability to provide the Services.
• Subject to clause 5.1, you authorise us to disclose, in the normal course of performing the Services, such personal information to third parties for the purpose of providing the Services and any other purposes set out in these Terms.
• We may disclose your name and address to third parties such as credit agencies to perform a credit reference or to undertake credit management or collection processes if it is reasonable to do so.
• The information we collect and hold about you will be kept at our offices and/or at secure file storage sites (including electronic file storage sites) elsewhere. If you are an individual, you have the right to access and correct this information.

• Documents, Records and Information
  • We will keep a record of all important documents which we receive or create on your behalf on the following basis:
    • We may keep a record electronically and destroy originals (except where the existence of an original is legally important)
    • At any time, we may dispose of documents which are duplicates, or which are trivial (such as emails which do not contain substantive information), or documents which belong to us.
    • We are not obliged to retain documents or copies where you have requested that we provide them to you or to another person and we have done so, although we are entitled to retain copies for our own records if we wish to do so.
  • We will provide to you on request copies or originals (at our option) of all documents to which you are entitled under the Privacy Act 1993 or any other law. We may charge you our reasonable costs for doing this.
  • Where we hold documents that belong to a third party you will need to provide us with that party’s written authority to uplift or obtain a copy of that document.
  • Unless you instruct us in writing otherwise, you authorise us and consent to us (without further reference to you) to destroy (or delete in the case of electronic records) all files and documents in respect of the Services (7 (optional)) years after our engagement ends (other than any documents that we hold in safe custody for you or are otherwise obliged by law to retain for longer). We may retain documents for longer at our option.
  • We own copyright in all documents or work we create in the course of performing the Services.
• Compliance
  • We are obliged to comply with all laws applicable to us in all jurisdictions, including (but not limited to):
    • Anti-money laundering (AML) and countering financing of terrorism (CFT) laws; and
  • To ensure our compliance and yours, we may be required to provide information about you, persons acting on your behalf or other relevant persons to third parties (such as government agencies). There may be circumstances where we are not able to tell you or such persons if we do provide information.
  • Please ensure that you and/or any of the persons described previously are aware of and consent to this. It is important to ensure that all information provided to us is accurate. If the information required is not provided, or considered by us to be potentially inaccurate, misleading, or in contravention of any law, we may terminate or refuse to enter into an engagement.
• Conflicts of Interest
  • We are obliged to protect and promote your interests to the exclusion of the interests of third parties and ourselves as set out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). This may result in a situation arising where we have a conflict of interest.
  • We have procedures in place to identify and respond to conflicts of interest or potential 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 Rules 4, 5.11 and 6.1 This may mean we cannot act for you further in a particular matter and we may terminate our engagement.
• Trust Account
  • I do not hold a trust account. Account is payable on invoice.
• Duty of Care
  • Our duty of care is to you and not to any other person. We owe no liability to any other person, including for example any directors, shareholders, associated companies, employees or family members unless we expressly agree in writing. We do not accept any responsibility or liability whatsoever to any third parties who may be affected by our performance of the Services or who may rely on any advice we give, except as expressly agreed by us in writing.
  • Our advice is not to be referred to in connection with any prospectus, financial statement, or public document without our written consent.
  • Our advice is opinion only, based on the facts known to us and on our professional judgement, and is subject to any changes in the law after the date on which the advice is given. We are not liable for errors in, or omissions from, any information provided by third parties.
  • Our advice relates only to each particular matter in respect of which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters.
  • Unless otherwise agreed, we may communicate with you and with others by electronic means. We cannot guarantee that these communications will not be lost or affected for some reason beyond our reasonable control, and we will not be liable for any damage or loss caused thereby.
• Termination
  • You may terminate my service at any time.
  • I may terminate my services in any of the circumstances set out in the Rules including the existence of a conflict of interest, non-payment of fees, and failure to provide instructions.
  • Upon termination of my services, you must pay all fees, disbursements and expenses incurred up to the date of termination on your file/matter(s).
• Feedback and Complaints

Client satisfaction is one of my primary objectives and feedback from clients is helpful to my practice.  If you would like to comment on any aspect of the service provided by us, including how we can improve our service or If you have any concerns or complaints about my services, please raise by sending me an email at Sharnita@pdlegal.co.nz as soon as possible.

If you are not satisfied with the way I have dealt with your complaint the New Zealand Law Society has a complaints service to which you may refer the issue. You can call the 0800 number for guidance, lodge a concern or make a formal complaint. Matters may be directed to:

Lawyers Complaints Service

PO Box 5041

Wellington 6140

New Zealand

Phone: 0800 261 801

To lodge a concern:
www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form

To make a formal complaint:
www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint

Email: complaints@lawsociety.org.nz

• General Disclaimer

These materials have been prepared by Pratap Diwan Legal Limited for information purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an Lawyer-client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.