RICHARD LEWIS LAW

TERMS OF ENGAGEMENT & CLIENT CARE

Please read the following carefully. We expect that you will understand that this document is our way of ensuring that you understand the terms of the agreement between us. If you do not understand the agreement or any information contained in this document please talk to us so that we can explain it to you.

1 Services

The services which we are to provide for you are outlined in our engagement letter and/or email which will be sent to you separately and will also enclose a signed copy of this letter of engagement.

2 Financial

Fees:

a The fees which we will charge or the manner in which they will be arrived at, are set out in our engagement letter and/or email.

b If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of our 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 for us to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of the further costs.

c Where our fees are calculated on an hourly basis, the hourly rates are set out in our engagement letter. The differences in those rates reflect the experience and specialisation of our professional staff. Time spent is recorded in 6 minute time units, with time rounded up to the next unit of 6 minute’s.

Expenses:

In providing services we may need to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred. We may require an advance payment for the expenses which we will be incurring on your behalf.

Disbursements:

In providing services we will need to recover office expenses such as tolls, photocopying, printing etc. This will be listed separately on your invoice.

GST (if any):

Is payable by you on our fees and charges.

Invoices:

We will send interim invoices to you, usually monthly and on completion of the matter, or termination of our engagement. We may also send you an invoice when we incur a significant expense.

Payment:

Invoices are payable on issue of the invoice, unless alternative arrangements have been made with us. We may require interest to be paid on any amount which is not paid within 7 days of issue of the invoice.  

Interest will be calculated at the rate of 5% above our firm’s main trading bank’s 90-day bank bill buy rate as at the close of business on the date payment became due.

Further any collection costs that we incur to collect payment of our fees are to be paid to us on a solicitor client basis, i.e. you indemnify us from any costs, fees or losses that we incur to collect payment of our fees.

Such collection costs include, but is not limited to, a monthly administration charge of $25 on any unpaid accounts together with interest as noted above.

We may deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which we have provided an invoice.

A 10% discount applies to Defence Force employees and Goldcard holders if paid in full.

If you are unable to pay your invoice in full at the time it is received we offer the following payment options:

Automatic payments

The invoice is able to be paid in instalments over six (6) weeks. In the event that the invoice remains unpaid at the end of the six week period and satisfactory arrangements have not been made with us for the full payment of the invoice, we will cease work on your file until payment has been received. Prior approval is needed from the Practice Manager for this option.

Fee Smart – Business Invoices ONLY.

For larger accounts, generally over $1,000, we offer payment by way of feeSmart. This will mean our account is settled in full by feeSmart Finance Limited, however you are able to spread the repayments over six or twelve months, whichever options suits you best.

Structured repayments are made to feeSmart by monthly deduction from your nominated bank account. Your repayments will include a small administration charge and an interest component which is clearly detailed on the documentation. This facility is quite straightforward to put in place and is an alternative to immediately paying your account as a single lump sum payment.

If you would like to take up the option of using the feeSmart payment facility, can you please contact the office and we will arrange for this facility to be put in place.

This payment option is NOT available for family law clients as Fee Smart do not accept personal invoices.

Legal Aid

We are registered to provide services for clients who seek legal aid with respect to civil and family legal aid.

Legal aid is governed by the Legal Services Act 2011 and the associated regulations. Legal Aid is administered through the Ministry of Justice by the Legal Services Commissioner. 

Clients may therefore apply for legal aid and the terms of our relationship shall be amended to meet the requirements of the Ministry of Justice. We can provide you with the relevant application forms. The most notable amendment shall be the cost of our services which are governed by the Ministry of Justice and shall depend on: the practitioner instructed by you; the experience level of that practitioner; the forum within which the dispute or matter is being heard; the step of the proceedings for which aid is sought.

We will submit invoices in relation to your grant of aid to the Legal Services commissioner and provide you with copies. The Legal Services Commissioner will write to you about any conditions or repayment obligations that you may have in relation to the grant of legal aid and your rights as an applicant or recipient of legal aid. You should be aware at this time that legal aid is not always free. You should read these letters carefully and keep them for later reference. 

You must let the Legal Services Commissioner know if there is any change in your and your partner’s contact details, employment status, family circumstances or financial details. This may affect your ongoing eligibility for legal aid.

Should you apply for legal aid and aid is not granted then we shall continue to act for you on the basis that you have agreed to the following:

a We must receive into our trust account payment for all costs (incurred at legal aid rates) up to the time that aid is declined;

b The practitioner instructed shall charge 70% of their private hourly rate plus GST and disbursements for all work completed after the application for legal aid is declined;

c We must receive into our trust account on account of future costs, such further amount as we consider necessary to meet our costs for a two month period and this must be received each two months until the matter is completed or our instructions are at an end.

Should you apply for legal aid and aid is not granted and you do not make payment of costs incurred to date and/or arrange sufficient payment prior to us continuing to act for you we shall withdraw as counsel and you agree that you shall be liable to us for our costs incurred up to the time of withdrawal and all such collection costs in accordance with our terms of engagement as noted above.

Security:

We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:

a to debit against amounts pre-paid by you; and

b to deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which we have provided an invoice.

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 to us if the third party fails to pay us.

3 Termination

You may terminate our retainer at any time.

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.

If our retainer is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to the date.

4 Retention of files and documents

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 within our Deeds system) seven years after our engagement ends, or earlier if we have converted those files and documents

5 Conflicts of Interest

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.

6 Duty of Care

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.

7 Confidentiality

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.

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.

We will of course, not disclose to you confidential information which we have in relation to any other client.

8 Appointments: 

We ask that you please do not call into the office without an appointment, as we will be unable to see you.

It would be preferable when you attend our offices, if you could make appropriate childcare arrangements, as we don’t have child-minding facilities. 

If you are unable to attend your scheduled appointment, it would be appreciated if the office could be notified in advance. You may be charged a fee if you do not attend and do not advise us that you are not attending.

9 Professional Indemnity Insurance:

We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society. We will provide you with particulars of the minimum standards upon request.

10 Lawyers Fidelity Fund:   

The Law Society maintains the Lawyers Fidelity 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 Fidelity Fund by way of compensation to an individual is limited to $100,000. Except in certain circumstances specified in the Lawyers and Conveyancers Act 2006 the Fidelity Fund does not cover a client for any loss relating to money that a lawyer is instructed to invest on behalf of the client.

11 Persons Responsible for the Work:  

The names and status of the person or persons who will have the general carriage of or overall responsibility for the services we provide for you are set out in our letter and/or email of engagement.

 

12 Complaints:   

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly.

If you have a complaint about our services or charges, you may refer your complaint to the person in our firm who has overall responsibility for your work.

If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to Richard Lewis, Principal.

Richard may be contacted as follows:

•By letter;

•By email at richard@rllaw.nz; or

•By telephoning him at 06 35 44 162.

If the complaint is regarding Richard or you consider that you are unable to address the complaint with him then Richard would be willing to address your concerns in discussion with another local practitioner of your choice if that assists.

The New Zealand Law Society also maintains a complaints service and you are able to make a complaint to that service. To do so you should contact the Law Society.

Manawatu Branch of the New Zealand Law Society

PO Box 497

Palmerston North

Ph: 06 356 2214

Fax: 06 356 6638 

Email:mdls@xtra.co.nz

We consider that client feedback is very important. If you are concerned about the quality of the service you have received, the timeliness of service, the advice provided or our advocacy then please do tell us. We take client concerns very seriously and wish to continue to improve our performance. If we fail to address any concern you may raise with us please do persevere as it is important to us that we address any concerns and get it right for you.

13 Client Care and Service:   

The Law Society client care and service information is set out below: 

Whatever legal services your lawyer is providing, he or she must:

•Act competently, in a timely way, and in accordance with instructions received and arrangements made.

•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.

•Provide you with information about the work to be done, who will do it and the way the services will be provided.

•Charge you a fee that is fair and reasonable and let you know how and when you will be billed.

•Give you clear information and advice.

•Protect your privacy and ensure appropriate confidentiality.

•Treat you fairly, respectfully and without discrimination.

•Keep you informed about the work being done and advise you when it is completed.

•Let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

If you have any questions, please visit www.lawsociety.org.nz

14 Limitations on extent of our Obligations or Liability:   

Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our letter and/or email of engagement.

15 Trust Account

We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit account with a bank.  

16 General

These 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 non-exclusive jurisdiction.

Should you fail to sign a copy of these terms of trade and provide the copy to us we shall not be able to act for you.