Richard Lewis Law
TERMS OF ENGAGEMENT
1. Introduction – Working Together
Welcome to Richard Lewis Law. We’re committed to providing you with clear, practical legal advice and a professional service you can rely on. These Terms of Engagement set out how we’ll work with you, what you can expect from us, and what we ask of you in return.
These Terms apply to all current and future matters you ask us to assist with. From time to time, we may update them – if we do, we’ll let you know and send you the latest version.
Our relationship with you is governed by New Zealand law, and any disputes will be handled by the New Zealand courts.
2. Our Services
Our engagement letter explains what services we’ll provide for you (the Services). These will also include any further instructions you give us in writing, or that we confirm in writing.
To ensure you receive efficient and cost‑effective help, we may have other team members or professionals in our firm assist with parts of your matter under supervision.
3. Communication
We’ll ask you for your preferred contact details (email, phone, and postal address). Most communication will be by email unless you prefer otherwise. Please let us know if your contact details change.
We’ll keep you updated on progress and will tell you if there are any unexpected delays or important changes. You’re always welcome to ask for a progress report.
We generally won’t give legal advice by text message, as it’s not a secure or reliable channel for legal communication.
4. Fees and Payment
How fees are charged:
Our engagement letter sets out how our fees are calculated. If we’ve agreed on a fixed fee, it covers the agreed scope of work. Any work outside that scope will be charged at our hourly rates, and we’ll discuss that with you first.
Hourly rates:
If your work is charged hourly, the rates for the team members working with you are in your engagement letter. These rates reflect their experience and specialisation. Time is recorded in six‑minute units.
Fair and reasonable fees:
All our fees must be fair and reasonable under Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. Factors include complexity, urgency, importance, and value.
Estimates:
If you’d like an estimate, we’re happy to provide one. Please note that an estimate is not a quote and may change if the work, instructions and/or circumstances change.
Disbursements and expenses:
We may pay costs to others on your behalf (for example: court fees, search or registration fees, courier costs, or expert reports). These will appear on your invoice as disbursements.
Office service charge:
We may add a small administrative charge (usually $50) to cover items such as printing, phone calls, and postage.
GST:
All fees and disbursements are subject to GST where applicable.
Invoices and payment:
We’ll usually send invoices monthly or at key stages of your matter. Payment is due within 7 days of the invoice date unless we’ve agreed otherwise.
You can pay by direct credit into our trust account – the details are on your invoice. To help prevent fraud, please phone us before making payment to confirm our account number.
If payment becomes difficult, please contact us promptly so we can discuss options.
If an account remains unpaid, we may charge interest at 5% above our bank’s overdraft rate, suspend work, or recover collection costs (including solicitor/client costs and agency fees).
Funds held in trust:
If we hold funds on your behalf, you authorise us to deduct our fees and disbursements once we’ve sent you an invoice, unless the funds are held for a specific purpose.
5. Legal Aid
We are approved to act for clients who receive legal aid.
Legal aid is provided under the Legal Services Act 2011 and is administered by the Ministry of Justice. If you apply for legal aid, we can help you with the forms and process.
Please note:
· Legal aid is not usually free. You may be required to repay some or all of the cost later.
· The Ministry of Justice will write to you explaining any conditions or repayment obligations.
· You must tell the Legal Services Commissioner if your or your partner’s circumstances (such as income or contact details) change.
If your application for aid is declined the fee charged will be our private fee for work to that date and should you wish us to continue acting, our standard private hourly fee rates will apply. If payment arrangements are not made, we will stop acting for you.
6. Trust Account and Client Funds
All money we receive from or on behalf of clients is held in our trust account. Payments from the trust account will only be made with your written authority.
If we hold significant funds for you for more than a short time, we may place them on interest‑bearing call deposit (subject to bank requirements). Any interest earned, less withholding tax, belongs to you. We don’t charge an administration fee on interest.
7. Privacy and Confidentiality
We will keep all information about you and your matter strictly confidential unless:
· You agree (expressly or impliedly);
· Disclosure is necessary to carry out your instructions;
· The law requires or allows us to share information; or
· We need to protect our interests in a dispute or complaint.
We collect personal information to provide legal services and to stay in touch about matters that may interest you. You can access or correct your personal information by contacting our Practice Manager.
We may need to verify your identity under anti‑money laundering laws. This may include checking your ID (e.g. passport, driver’s licence) and confirming the source of funds for certain transactions.
8. Documents and Records
We’ll keep important documents and correspondence on your behalf, usually in electronic form. Originals (such as wills or deeds) are stored securely.
We may destroy files seven years after your matter ends unless the law requires us to keep them longer. You can request copies of documents at any time, and we may charge a reasonable fee for this.
You’re welcome to request return of original documents at the end of your matter.
9. Compliance and Verification
We must comply with all relevant laws, including anti‑money laundering (AML/CFT) and tax reporting obligations. We may need to share information with government agencies where legally required.
If information we need is not provided, or appears inaccurate or misleading, we may have to delay or stop acting for you.
10. Conflicts of Interest
We’re required to act in your best interests. If a conflict of interest arises (for example, where another client’s interests conflict with yours), we’ll discuss it with you promptly and follow the Law Society’s rules.
If we can’t continue acting, we’ll help you find another lawyer.
11. Our Duty to You
Our legal duty is owed only to you, the client named in our engagement letter. We’re not responsible to third parties (e.g. family members, business partners, or directors) unless we agree in writing.
Our advice is based on the information available at the time and is subject to any future changes in the law. It shouldn’t be used for other purposes without our agreement.
12. Limitation of Liability
Our professional indemnity insurance meets or exceeds Law Society requirements. To the extent the law allows, our total liability to you for any claim is limited to the amount recoverable under that insurance.
13. Ending Our Services
You may end our engagement at any time. We may also end it where the Law Society rules allow (for example, non‑payment, conflict of interest, or lack of instructions).
You must pay for all work and costs up to the date our services end.
14. Feedback and Concerns
We value your feedback and want you to feel confident in our service. If you have any concerns, please first raise them with the person handling your matter. If that doesn’t resolve the issue, you can contact Richard Lewis directly.
If you prefer to speak with someone else, please contact Susan Kiehne, Senior Associate. We’ll do our best to resolve your concern promptly and fairly.
If you’re still not satisfied, you can contact the New Zealand Law Society Lawyers Complaints Service:
Lawyers Complaints Service
PO Box 5041, Wellington 6140
Phone: 0800 261 801
Email: complaints@lawsociety.org.nz
15. Acceptance
By signing below (or continuing to instruct us), you agree to these Terms of Engagement.
If you are signing on behalf of a company, you personally guarantee the company’s obligations under this agreement.