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Till Henderson | Terms
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Terms

STANDARD TERMS OF ENGAGEMENT

1.1. The services we are to provide for you are outlined in our engagement letter.

2.1. We maintain a trust account for all funds which we receive from clients (except monies
received for payment of our invoices). lf we are holding significant funds on your behalf we
will normally lodge those funds on interest bearing deposit with a bank. In that case we will
charge an administration fee of 5% of the interest derived.

 

2.2. All trust deposits we receive from you will be placed in a trust account for your benefit, the
provisions of which are regulated by law. We will forward to you trust statements as
required by law. Where significant sums are to be held for some time we will place the funds
on interest bearing deposit at call. All interest earned will be credited to you except for our
collection commission of 5% of interest earned and withholding tax. You must supply us
with your IRD number and preferred withholding tax rate.

 

2.3. Unless we hold a trust deposit for some specified or particular purpose as agreed and
acknowledged by us, then the moneys held on trust may be transferred from time to time
and applied towards incurred and billed fees and disbursements.

3.1. Fees:
(a) The fees we will charge or the manner in which they will be arrived at, are set out in our engagement letter.

 

(b) If the engagement letter specifies a tixed fee, we will charge this for the agreed
scope of our services. 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) We do not necessarily charge solely on the basis of timel but also take into account
the Law Society’s Principles of Charging, which state that all relevant factors,
including: skill, professional knowledge, responsibility, results achieved, urgency and
the circumstances in which the business is transacted, the value or amount of any
property or money involvedl the importance of the matter to the client, the
complexity, difñculty or novelty of the matter or questions involved, the number and
importance of the document prepared or perused, the time and labour expended,
and the reasonable costs of running a legal practice, are to be taken into account
when setting an account.

 

(d) 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  units, with time rounded up to the next unit of 6 minutes.

 

3.2. Legal aid: If you are eligible, or may be eligible, for legal aid we will advise you. If you apply
for a grant of legal aid you will remain liable to us for work carried out before legal aid is granted,Y or for work that falls outside the scope of the grant of legal aid. In the event that
legal aid is not granted you will be liable for our fees and disbursements as agreed.

 

3.3. Disbursements and expenses: ln providing services we may incur disbursements or have
to make payments to third parties on your behalf. These will be included in our invoioe to
you when the expense is incurred. We may require an advance payment for the
disbursements or expenses which we will be incurring on your behalf.

 

3.4. Out of-Pocket Expenses l Disbursements: We incur and pay on behalf of clients a variety
of out-of-pocket expenses. Whenever such costs are incurred, we will carefully itemise and
bill them on completion of the matter. Typical of such costs are enquiries undertaken
regarding any property, Search fees, surveyor’s fees, facsimile and telephone charges,
courier and delivery charges and photocopy expenses, computer and bureau charges.

 

3.5. GST (if any): Is payable by you on our fees and charges.

 

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

 

3.7. Billing Arrangements and Terms of Payment: If the legal work you have asked us to do
will take more than one to two months to complete, we will generally send out interim
accounts from time to time. This not only assists our cash flow, but also keeps you informed
of the amount of costs as the work progresses. lf at any stage you would like an up to date
account, please ask. Accounts are due for payment on the 20th ofthe month following the
date of the account.

 

3.8. Where any account remains outstanding after this we (without prejudice to our other lawful
remedies) reserve the right to cease activity on the file without notice until the account is
paid and without responsibility for any consequential loss to you.

 

3.9. In accordance with normal conveyancing practice, the fees and costs which have not been
interim billed will be invoiced to you prior to settlement on an estimated basis and we would
be grateful for the same to be paid on settlement.

 

3.10. In accordance with normal lega! practice, fees and costs will be recovered from any
proceeds received by us prior to releasing the same to you.

 

3.11. Payment: Invoices are payable within 21 days of the date of the invoice, unless alternative
arrangements have been made with us. We may require interest to be paid on any amount
which is more than 7 days overdue. Interest will be calculated at the rate of 2% above our
flrm’s main trading bank’s 90-day bank bill buy rate as at the close of business on the date
payment became due. Collection costs may be added where we decide to refer an overdue
account to a debt collection agency.

 

3.12. Fees in advance and security: We may ask you to pre-pay amounts to us, or to provide
security for ourfees 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.

 

3.13. 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.

4.1. We will hold in confidence aII 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.
(c) See paragraph 5.

 

4.2. Confidential information concerning you will as far as practicable be made available only to

 

4.3. We will of coursel not disclose to you confidential information which we have in relation to

5.1. All information received be held on a flle for you and will be securely held by us for at those within our firm who are providing legal services for you. any other client. least seven years. After that period, or such longer date as we decide the file will be destroyed. You may request access to all information received, for which a fee may be payable. lf at any time you consider any information to be incorrect, you may request us to correct same.

 

5.2. All information will be used to administer your legal affairs and will only be disclosed to those
who need to have that information in order for us to give effect to your instructions and may
be legally entitled to that information. lt may also be used to provide you with information
from time to time on other products and services offered by us. We may also obtain
information and make such enquiries about you as we may consider warranted from any
source, including credit reference agencies for the above purposes.

 

5.3. Deeds and special documents as we decide may be held in our deeds system for you and
held for so long as it is considered necessary by us. You may request access to your deeds
packet and uplift the same by written authority on reasonable notice, so long as all bills and
charges have been paid by you.

6.1. You may terminate our retainer at any time.

6.2. We may terminate our retainer in any of the circumstances set out in the Law Society’s

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

7.1. You authorise us (without further reference to you) to destroy all files and documents for this Rules of Conduct and Client Care for Lawyers expenses incurred up to that date. matter (other than any documents that we hold in safe custody for you) 7 years after our engagement ends, or earlier if we have converted those ñles and documents to an electronic format.

8.1. We have procedures in place to identify and respond to conflicts of interest. lf a conflict of
interest arises we wi|| 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.

9.1. Our duty of care is to you and not to any other person. Before any other person may rely on

10.1. These Terms apply to any current engagement and also to any future engagement, whether

10.2. We are entitled to change these Terms from time to time, in which case we wiil send you

10.3. Our relationship with you is governed by New Zealand law and New Zealand courts have our advice, we must expressly agree to this. or not we send you another copy of them. amended Terms.non-exclusive jurisdiction.

INFORMATION FOR CLIENTS

The Law Society client care and service information is set out below.
Whatever legal services your lawyer is providing he or she must:
• Act competenti; 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 inñ’uences 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 we y the services will be provided.
• Charge you a fee that ls 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.

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 of engagement.

Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our letter of engagement. Any limitability are set out in our letter of engagement. ons on extent of our Obligations or Liability tations on the extent of our obligations to you or any limitation or exclusion of

The basis on which fees will be charged is set out in our letter of engagement. When payment of fees is to be made is set out in our Standard Terms of Engagement.
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.

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.

The Law Society maintains the Lawyers’ Fidelity Fund for the purpose of providing clients of lawyers with protection against pecuniary toss arising from theft by lawyers.
The maximum amount payable by the Fidelity Fund by way of compensation to an individual claimant is limited lo $100,000. Excèpl in deríain cìrcumaiañaaa’aßaainadia 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.

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 complaint, contact us via solicitors@thlaw.co.nz or 06 7575 75795

 

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 or write to Complaints Service Taranaki Mail Centre, Box 150._ Taranaki Mail Centre, which can provide information and advice about making a complaint.