GILLESPIE YOUNG WATSON

Terms of Engagement and Information for Clients

1.     Under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the "Rules") we are required to send you these Terms of Engagement.  No action is required on your part.

Our Services

2.     You have engaged our firm as your lawyers to act for you in legal matters which may arise from time to time.

3.     The partner signing the covering letter with these terms of engagement (or in the case of a letter from one of our solicitors the partner referred to under the partner reference) is the partner of the firm who has primary responsibility for your file.  If you are handed or emailed a copy of these Terms of Engagement then the partner who hands them to you or in the case of a staff member, his or her supervising partner, will have primary responsibility for your file.  Your file or tasks on your file may be delegated to other partners, solicitors and legal executives from time to time as appropriate.

4.     We are committed to doing our best to ensure that your legal needs are met in this matter.  We will:

• protect and promote your interests and act for you free from compromising influences or loyalties;
• discuss with you your objectives and how they should best be achieved;
• act competently, in a timely way, and in accordance with instructions received and arrangements made; 
• provide you with information about the work to be done, who will do it and the way the services will be provided;
• protect your privacy and ensure appropriate confidentiality;
• treat you fairly, respectfully and without discrimination;
• give you clear information and advice;
• keep you informed about the work being done and advise you when it is completed;
• charge you a fee that is fair and reasonable and let you know how and when you will be billed;
• let you know how to make a complaint and deal with any complaint promptly and fairly.

5.     The obligations lawyers owe to clients are described in the Rules.  Those obligations are subject to other overriding duties, including duties to the courts and the justice system.  If you have any questions, please contact us on (04) 569 3997 or the New Zealand Law Society on 0800 261 801 or www.lawyers.org.nz.

Professional Fees

6.     Our fees are set having regard to a range of factors applied by the New Zealand Law Society and include time, urgency, expertise, importance, the complexity of the matter and results achieved.  Recorded time is used as an aid and base for calculating fees:  total fees charged for any particular transaction may be more or less than the total time recorded applying the factors set out above.

7.     Our firm’s schedule of hourly rates for solicitors and other members of the professional staff are based on years of experience, specialisation, and level of professional attainment.  These rates vary from time to time. 

Accounts

8.     Our accounts are due for payment 14 days after the date of the account unless prior arrangements are made with us in writing.  We may issue interim accounts while work is in progress.

9.     You authorise us to deduct our fees, expenses and disbursements from any funds held in our trust account on your behalf where we have provided an invoice.

10.     If any account is not paid within 30 days, interest may be charged on the outstanding balance at the rate of 12% per annum (calculated on a daily basis) from the date upon which payment was due, and you will be responsible for any reasonable debt collection costs that we incur in recovering outstanding amounts due to us.

Disbursements

11.     Disbursements include expenses such as file opening fee, toll calls, faxes, photocopying, searches, registration fees, courier charges and agency fees.  Disbursements may be included with our accounts or may be billed separately.  Firm policy requires us to obtain from you funds in advance for significant disbursements.

Files and Documents

12.     All files are scanned on completion and the hard copy destroyed.  Original documents are retained in our Deeds System.  You agree to pay our costs of retrieving a file or documents if at any time you wish to access them.

The Lawyers Fidelity Fund (the "Fund")

13.     The New Zealand Law Society maintains the Fund for the purposes of providing clients of lawyers with protection against pecuniary loss arising from theft by lawyers.  The maximum amount payable by the Fund by way of compensation to an individual claimant is limited to $100,000.  Except in certain circumstances specified in the Lawyers and Conveyancers Act 2006 the Fund does not cover a client for any loss relating to money that a lawyer is instructed to invest on behalf of the client.
Professional Indemnity Insurance

14.     We hold current Professional Indemnity insurance which exceeds the minimum standards from time to time specified by the New Zealand Law Society.

Limitations on extent of our obligations or liability

15.     Any limitations on the extent of our obligations to you or any limitation or exclusion of liability in respect of any particular file will be the subject of a separate agreement.

If you have a Complaint

16.     If you have any complaint at all about our service please raise it with the partner responsible for your matter, or, if you prefer, any other partner in our firm.

17.     If it cannot be resolved immediately to your satisfaction we shall appoint a partner who has not been involved in your matter to deal with it promptly and fairly.

18.     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 (contact details are set out in paragraph 5 above).

Agreement

19.     We are providing legal services based on these terms of engagement which will apply unless you notify us to the contrary immediately.  Meantime, we are continuing to act on your instructions.

20.     We value our relationship with you as a client.  Please retain these terms of engagement as the core basis of our commitment to you.