These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by me for you, except to the extent that I otherwise agree with you in writing.
1.1 – The services I am to provide for you are outlined in my ‘Letter of Engagement’.
2.1 – Fees
a) The fees I will charge or the manner in which they will be arrived at, are set out in my ‘Letter of Engagement’.
2.2 – Disbursements and expenses
In providing services I may incur disbursements or have to make payments to third parties on your behalf. When such an expense is required to be paid for I will ask for payment from the instructing solicitor in advance so that I can make this payment on your behalf.
2.3 – GST (if any)
Is payable by you on my fees and charges.
2.4 – Invoices
If you require, I will send interim invoices to you through the instructing solicitor, at periodic intervals while I am engaged by you, and on completion of the matter, or termination of my engagement. I may also send you an invoice when I need to make payment on your behalf for a significant expense.
2.5 – Payment
Invoices are payable within 14 days of the date of the invoice, unless alternative arrangements have been made with me.
3.1 – I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except:
a) to the extent necessary or desirable to enable me 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.
3.2 – I will not disclose to you confidential information which I have in relation to any other client.
4.1 – You may terminate my retainer at any time.
4.2 – I may terminate my retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers
4.3 – If my retainer is terminated you must pay me all fees due up to the date of termination and all expenses incurred up to that date.
5. RETENTION OF FILES AND DOCUMENTS
5.1 – You authorise me, without further reference to you, to destroy all files and documents for this matter, other than any documents that I hold in safe custody for you, 7 years after my engagement ends, or earlier if I have converted those files and documents to an electronic format.
6. CONFLICTS OF INTEREST
6.1 – I have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises I 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.
7. DUTY OF CARE
7.1 – My duty of care is to you and not to any other person.
8.1 – These Terms apply to any current engagement and also to any future engagement, whether or not I send you another copy of them.
8.2 – I am entitled to change these Terms from time to time, in which case I will send you amended Terms.
8.3 – My relationship with you is governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction.