1. SERVICES

These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing

 2. CONFIDENTIAL INFORMATION

We will not disclose to any other person any confidential information which we obtain as your lawyers except to the extent allowed or required by law or the New Zealand Law Society Rules. Possession of confidential information will not preclude us acting for any other person.
You are not entitled to any confidential information we have or obtain in relation to any other client or prospective client.

3. CONFLICTS

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.

4. ADVICE

  • Any advice given by us is solely for your benefit. It may not to be relied on by any other person unless we agree to that in writing and is limited to the matters stated in it.
  • In providing conveyancing services to our clients and/or trustees the firm does not carry out valuations of property, investment or business, nor determine whether the property or business meets the investment profile of the client. We recommend that the client should consult a suitably qualified professional such as a Registered Valuer, Financial Adviser and/or Accountant in relation to these issues.
  • We reserve the right to rely on information provided by you or third parties without further enquiry or verification.

5. FINANCIAL

  • Fees:
    Our fees are charged on the basis of the NZLS Rules which require that fees be fair and reasonable for the services provided.
    We may change our rate for fees and services from time to time. At regular periods (usually monthly) we will provide you with our invoice and, if applicable a statement of funds which we have handled on your behalf.
    We can provide fee estimates or quotes.
  • Disbursements and Expenses
    In providing services we may incur disbursements or have to make payments to third parties on your behalf.These will be included in our next invoice to you after the expense is incurred.
  • GST additional
    Our fees and charges are plus GST (if any), which is payable by you.
  • Payment
    Our invoices are to be paid by you within 20 days of invoice unless otherwise arranged with us. We reserve the right to deduct fees from funds held or received on your behalf.
  • Security
    We may ask you to pre-pay amounts to us, or to provide security for expenses and our fees. We will have your authority to draw on the amounts paid towards our fees and expenses, as they become due.
  • Trust Account
  • Our firm maintains separate trust accounts for all funds which it receives from clients (except for funds which are for payment of our invoices)
  • Where we place monies on deposit through our trust account with a bank we will be entitled to receive from the bank a 5% commission payment on any interest earned.
  • Unpaid Invoices - if payment of our invoice by you is overdue, we may:
    • charge interest on any amount more than 1 month overdue at a rate of 12% per annum.
    • retain custody of any of your property (including documents or files) until all unpaid invoices are paid in full;
    • not perform any further work for you until all unpaid invoices are paid in full.
  • Third parties
    • although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoice 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.

6. TERMINATION

You may terminate this agreement at any time. We may terminate this agreement in the circumstances permitted by the NZLS Rules. You must pay us for the services we provide, and all expenses we have incurred, up to the date of termination

7. INTELLECTUAL PROPERTY

We may communicate with you and others at times by electronic means. These communications can be subject to interference or interception or contain viruses or other defects (“corruption”). We do not accept responsibility for, and will not be liable for any damage or loss caused in connection with, or as a consequence of, the corruption of an electronic communication.

8. ELECTRONIC COMMUNICATIONS

We may communicate with you and others at times by electronic means. These communications can be subject to interference or interception or contain viruses or other defects (“corruption”). We do not accept responsibility for, and will not be liable for any damage or loss caused in connection with, or as a consequence of, the corruption of an electronic communication.

9. GENERAL

  • These Terms apply to any current engagement and also to any future engagement, whether or not we sent you another copy of them.
  • We may change these Terms at any time, in which case we will send you amended terms.
  • New Zealand law governs our relationship and New Zealand Courts have non-exclusive jurisdiction.