I set out below the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“the Law Society”).
The basis on which fees will be charged have been discussed with you or are set out in my engagement advice. When payment of fees is to be made is set out in my engagement advice. I may deduct from any funds held on your behalf in my trust account any fees, expenses or disbursements for which I have provided an invoice.
2 Professional Indemnity Insurance
I hold professional indemnity insurance of $1,000,000.00 that meets or exceeds the minimum standards specified by the Law Society. I will provide you with particulars of the minimum standards upon request.
3 Lawyers’ Fidelity Fund
The Law Society maintains the Lawyers’ Fidelity Fund for the purpose 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 claimant is limited to $100,000.00. 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.
I 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 me as I have overall responsibility for my practice. If you do not wish to refer your complaint to me, or you are not satisfied with my response to your complaint, you may refer your complaint to another Lawyer of your choice who may be a member of the Auckland District Law Society Inc. (“the ADLSi”). This Lawyer can be contacted via the ADLSi as follows:
- by letter to PO Box 58, Auckland 1010;
- by email at email@example.com;
- by telephoning the ADLSi on 09 303 5270.
The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service. To do so, phone 0800 261 801 and you will be connected to the nearest Complaints Service Office, which can provide information and advice about making a complaint.
5 Person Responsible for the Work
I will have the general carriage of or overall responsibility for the services provided for you which have been discussed with you, etc or are also set out in my terms of engagement.
6 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 or call 0800 261 801.
7 Limitations on extent of my Obligations or Liability
Any limitations on the extent of my obligations to you or any limitation or exclusion of liability have been discussed with you or are set out in my terms of engagement.
8 Retention of Records
I will retain trust records and forms relating to eDealing transactions (and any other records and forms I consider appropriate) for at least 10 years after the retainer has ended. I will retain your file/s for not less than 6 years after the retainer has ended and at which time I may destroy the file/s in a suitable manner. It is also agreed that I may convert the file/s into an electronic or photographic form.