The Lawyers and Conveyancers Act 2006 introduced a number of significant changes to the practice of law in New Zealand. One of those areas of change is that, from 1 August 2008, the Conduct and Client Care Rules came into effect and lawyers are required to provide specific information to clients. We are required to provide our clients with information regarding the way in which we will charge fees, the arrangements we have in place for professional indemnity insurance and the procedures we have in place to deal with any complaints.
In general terms the purpose of the new Rules is to ensure that, whatever legal services we are providing, we must:
We hold indemnity insurance that meets or exceeds the minimum standards specified by the Law Society. In addition, you may be protected by the Fidelity Fund maintained and managed by the New Zealand Law Society.
Nigel Mason has over 30 years experience as a solicitor and has practised in England and Papua New Guinea as well as New Zealand. Nigel handles both residential and commercial property sales and purchases, commercial and company transactions, trusts, wills and estates as well as immigration.
Laurie MacBrayne has over 40 years experience in Whangarei. His specialty areas are residential and commercial property, company and commercial, subdivisions, farming, trusts, wills and estates.
At the time of commencing any new work on your behalf we will write to you confirming the nature of the instructions and giving an estimate of our fees and disbursements. We may ask you to sign a formal agreement setting out our terms of engagement. If you would prefer to have such an agreement in place please let us know.
In the event that you do not feel that we have provided all the necessary information required by the new Rules or if you have any concerns or complaints about the way in which your affairs have been handled then the following procedure is available to you:
We would hope that we would be able to address your concerns or complaints and we ask that you write to us recording any issues you have. We will deal with your concerns promptly and fairly in the hope that any issues can be resolved. In the event that you are not satisfied with the outcome of that first approach then we will provide you with full information as to how you can refer any outstanding issues either to another independent lawyer or, if you prefer, to the Law Society.
We are dedicated to providing the best possible service to our clients and we will:
Our standard terms of engagement are as follows:
The services we will provide and the fees we will charge will be outlined in our engagement letter to you. The estimated fees relate to the summary of legal services referred to in our engagement letter. Any additional services will be charged on an hourly rate basis and we will advise you as soon as it becomes apparent that additional services will be required. GST is additional unless stated otherwise.
We will charge you for disbursements and any payments made to third parties on your behalf. Any such disbursements will be payable by you to us regardless of whether the matter proceeds.
We may send interim invoices to you on a monthly basis and on completion of the matter or termination of our engagement.
Invoices are payable within 14 days of the date of the invoice unless alternative arrangements have been made in advance. We may require interest to be paid on overdue invoices at the rate of 1.5% per month. In the event that it becomes necessary for us to take recover action you will be liable for all debt collection costs and disbursements.
Where funds are received on your behalf in the course of attending to the legal services you authorise us to deduct our fees and disbursements from funds held.
Although you may expect to be reimbursed by a third party for our fees and disbursements and although our invoice may be directed to a third party for payment, you remain responsible for payment to us in the event that the third party fails to make payment.
You may terminate our engagement at any time but you will remain liable for all fees and disbursements to the date of termination.
Please contact us urgently if you require any clarification or you wish to discuss any matters referred to above.