Client Care/Terms of Engagement

Standard Terms of Engagement

INFORMATION FOR CLIENTS

Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society ("Law Society").

1. Fees: 

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.

2. Professional Indemnity Insurance: Marsh Insurance

​

• I 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.

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.  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.

4. Expectations you may hold of me as your Barrister

• My office hours are Monday to Friday between the hours of 9am and 5pm. Subject to planned leave or sick leave I will be available to provide legal services within these time brackets (and not during the evening, weekends or Public Holidays)

• I maintain a busy practice with no support staff. Unfortunately, you will not always be able to receive a response to a query or concern immediately within my office hours but I will ensure I get back to you in a timely manner having regard for the urgency as weighed against other client, Court or file demands.

• If there is an emergency such that you or a family member is at risk you must always contact the Police in the first instance.

• I will ensure I 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 and the way the services will be provided

• 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

5. Expectations I have of you as the Client to ensure the best outcome for your legal issue

• That you will not mislead or deceive me in a material respect impacting your proceedings

• That you will provide me with your instructions in a timely and appropriate way. Please limit phone messages and emails where possible and try to address all issues, facts or concerns in one response rather multiple messages in short succession. This impacts on the time I have available to your matter and the risk I may miss a critical issue due to the share volume of correspondence.

• New matters that arise after the acceptance of the current instructions may be refused by me due to a lack of available time, the instructions falling outside my normal field of practice or instructions that could require the me to breach any professional obligation I owe to the Court or the Justice system.

• That you will not threaten, harass or attempt to bully me if my advice regarding your matter is not what you wish to hear. Our Family Court is guided by Law and Regulations as well as case law. My advice is based on those three things, my extensive experience and what is reasonably possible having regard to the resources available to achieve your goals.

6. Termination of the lawyer/client relationship/this Retainer

I must complete the regulated services required by you the client under the retainer unless—

(a) the lawyer is discharged from the engagement by the client; or

(b) the lawyer and the client have agreed that the lawyer is no longer to act for the client; or

(c) the lawyer terminates the retainer for good cause and after giving reasonable notice to the client specifying the grounds for termination.

Good cause includes—

(i)     instructions that require the lawyer to breach any professional obligation:

(ii)    the inability or failure of the client to pay a fee on the agreed basis or, in the absence of an agreed basis, a reasonable fee at the appropriate time:

(iii)   the client misleading or deceiving the lawyer in a material respect:

(iv)   the client failing to provide instructions to the lawyer in a sufficiently timely way:

(v)    except in litigation matters, the adoption by the client against the advice of the lawyer of a course of action that the lawyer believes is highly imprudent and may be inconsistent with the lawyer’s fundamental obligations:

(vi)   conduct by the client directed towards the lawyer or a person associated with the law practice that amounts to 1 or more of the following:

• bullying:

• discrimination:

• harassment:

• racial harassment:

• sexual harassment:

• threatening behaviour:

• violence.

7. Complaints:

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 my services or charges, you may discuss this directly with me and I am happy to try and work through the issue with you.

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 Bridget Byers Barrister or Karen Hanna Barrister of Bond Street Chambers.

They may be contacted as follows:

• by letter;

• by email at bridget@bondstchambers.co.nz or karen@karenhanna.co.nz

• by telephoning them at 03 4777253

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 for information and advice about making a complaint.

8. Persons Responsible for the Work:

Sasha Dolby Barrister will have the general carriage of or overall responsibility for the services I provide unless I must instruct an Agent to appear on my behalf at Court or for a meeting due to illness or unavailability. I will always advise you in advance and obtain your consent (where possible) and ensure the Agent is sufficiently informed and experienced to conduct the matter and provide you with legal services.

9. Client Care and Service:

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.

10. 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 are set out in my letter of engagement.

​