Terms and Conditions of Engagement – Law Matters Limited
Our Services
Thank you for choosing our legal services. We are committed to providing you our professional services.
These terms, along with any additional terms outlined in our letter of engagement, apply to all work we undertake for you. We have the right to amend these terms without giving you notice, with changes taking effect for future services.
Client Care and Service
Upon your engagement, we will:
Discuss your objectives and determine the best strategies to achieve them.
Provide details about the tasks to be performed, the personnel involved, and the manner in which our services will be delivered.
Charge a fair and reasonable fee, informing you of the billing process and schedule.
Offer clear information and advice throughout our engagement.
Safeguard your privacy and maintain appropriate confidentiality.
Act competently and promptly, adhering to your instructions and established arrangements.
Prioritise and advocate for your interests, ensuring our actions are free from any conflicting influences or loyalties.
Treat you with fairness and respect, without discrimination.
Inform you of the complaint process and address any concerns promptly and fairly.
The obligations that lawyers owe to their clients are outlined in the Rules of Conduct and Client Care for Lawyers. These obligations are subject to other overriding duties, including those owed to the courts and the justice system.
If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.
Communications
Please ensure we have your current contact telephone numbers and email addresses, especially if you are temporarily residing at a different address. On days when deadlines occur (such as contract condition confirmations or court filings), it is crucial that you are reachable. We do not accept any liability for losses resulting from the non-receipt of communications, including emails
Contacting Us
To keep fees low and for our team to be productive, we encourage you to schedule calls and meetings through our online calendar. Unscheduled calls will incur an additional charge of $150. If you have trouble accessing the calendar (found in our email signatures), please email us for assistance at no charge.
If you're uncomfortable using our online system, let us know so we can make alternative arrangements, which may incur an additional fee.
Fees
Unless otherwise agreed in writing for a fixed fee, we will charge a reasonable fee based on our charge-out rates and factors such as complexity, urgency, and importance, as outlined in Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.
Disbursements and Office Expenses
We may incur disbursements which will be itemised in our invoices. Additionally, we may charge a 4% fee (plus GST) to cover other office expenses such as photocopying and postage.
If we have to engage a third party to provide an expert opinion for us to carry out our services, you undertake to pay for their services.
Payment
We may issue interim invoices, and our services typically incur Goods and Services Tax (GST). Payment is due within 10 days unless otherwise agreed. We may require pre-payment or security for our invoices, and if applicable, a personal guarantee for companies.
Unpaid Invoices
If invoices are not paid on time, we may halt work, charge interest at 10% per annum on overdue amounts, and recover any costs incurred in collecting payment.
If you fail to pay any amount due, we reserve the right to secure a charge over your assets. In this circumstance, you agree to appoint us as your Power of Attorney to allow us to proceed with such action.
Confidentiality
We will maintain the confidentiality of your information and will only disclose it as necessary to perform our work or as required by law.
Recording Conversations
To minimise costs and work efficiently, you authorise us to record all conversations (phone, video, or in-person).
This allows us to focus on your needs without manual notetaking. If you are uncomfortable with this, please inform us, and we can arrange an alternative, which may incur an additional fee.
Document Retention
We prefer to work electronically and expect you to do the same. If you provide us with paper documents, you authorise us to destroy them after making electronic copies. Excessive use of paper documents may incur further costs.
We retain electronic records on servers located in and outside New Zealand and accept no liability for loss caused by third parties. We will retain your files for at least seven years after our work ends; if you wish to keep them longer, please notify us before the seven-year mark.
Conflicts of Interest
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.
Duty of Care
Our duty of care is solely to you, and any reliance by third parties on our advice requires our written consent.
Overseas Property
If you have overseas property, please note that we can only advise on New Zealand law. It is advisable to engage local lawyers in other countries where you own property. If we assist with overseas matters, we do so without accepting responsibility for your legal position in those jurisdictions.
Trust Account
We do not operate a Trust Account.
The Lawyers’ Fidelity Fund
We do not hold client funds, so the New Zealand Law Society’s Fidelity Fund will not be available to you.
Liability Limitations
In the unlikely event of a claim against us, our liability is limited to the greater of the amount covered by our insurance or five times the fees (excluding GST and disbursements) you paid in the last 12 months, up to a maximum of $150,000.
This applies to all liabilities in contract, tort (including negligence), equity or otherwise arising from our services.
Cybersecurity Awareness
We take cybersecurity seriously, but remain vigilant against scams. We do not accept liability for any loss or damage resulting from intercepted communications. Please stay alert and contact us if anything seems suspicious.
When making payment to us, please ensure that you verify our bank account details. We will take no responsibility or liability for any loss suffered by you.
Anti-Money Laundering (AML)
We are required by law to collect certain customer due diligence (CDD) information about you and others associated with you, as applicable. This may include personal information and, in some circumstances, the source of your wealth or the source of funds for a transaction. We may not be able to act or continue to act for you until this information has been collected. We use a third-party service provider to collect and store CDD information, and you authorise us to do this. Your cooperation in this process is essential for us to provide you with our services; if you fail to cooperate with us we reserve the right to immediately terminate our services with you.
Ending the Agreement
Either party may terminate this agreement with reasonable notice. You will pay for all work done and charges incurred up to the termination date.
General Provisions
We retain copyright over our work, granting you a non-exclusive, non-transferable license to use it for its intended purpose upon payment.
Our relationship is governed by New Zealand law, and any disputes are subject to New Zealand courts.
References to "us" include all successor partners or companies of Law Matters.