Standard Terms of Engagement
These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.
1.1 The services which we are to provide for you are outlined in our Letter of Engagement.
a The fees which we will charge or the manner in which they will be arrived at, are set out in our Letter of Engagement.
b If the Letter of Engagement specifies a fixed fee, we will charge this for the agreed scope of our services. Work which falls outside that scope will be charged on an hourly rate basis. 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 Where our fees are calculated on an hourly basis, the hourly rates are set out in our Letter of Engagement. The differences in those rates reflect the experience and specialisation of our professional staff. Time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes.
2.2 Disbursements and Office Expenses: In providing services we may incur out of pocket expenses from other organisations such as banks, councils and real estate agents. These are not Pier Law fees, but they will be included in our invoice to you when the expense is incurred. We may also incur office expenses in providing our services. Office expenses include a file storage fee of $25.00 (GST Inclusive) and a bureau fee that covers costs such as photocopying, postage, forms, fax, tolls, electronic payments and file opening. We may require an advance payment for the disbursements.
2.3 GST (if any): Is payable by you on our fees and charges.
2.4 Invoices: We will send interim invoices to you, usually monthly and on completion of the matter, or termination of our engagement. We may also send you an invoice when we incur 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 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% per month. Should it become necessary to issue cost recovery proceedings the costs associated with this procedure including collection and location (if necessary) costs will be added to the amount owed and will be payable by you.
2.6 Security: We may ask you to pre-pay amounts to us, or to provide security for our fees 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 a dated invoice.
2.7 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.
3.1 We will hold in confidence all 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 New Zealand Law Society’s Rules of Conduct and Client Care for Lawyers.
3.2 Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services for you.
3.3 We will of course, not disclose to you confidential information which we have in relation to any other client.
4.1 You may terminate our retainer at any time.
4.2 We may terminate our retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers
4.3 If our retainer is terminated you must pay us 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 Your file will be retained in storage by us for a period of 6 years or as recommended by the New Zealand Law Society. You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 6 years after our engagement ends or as recommended by the New Zealand Law Society, or earlier if we have converted those files and documents to an electronic format.
6 Conflicts of Interest
6.1 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.
7 Duty of Care
7.1 Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.
8 Trust Account
8.1 We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). If 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.
9.1 These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
9.2 We are entitled to change these Terms from time to time, in which case the updated Terms will be on our website (www.pierlaw.co.nz).
9.3 Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
9.4 As a client of Pier Law, if you provide your email address to us, you will be added to our client newsletter mailing list. You are able to unsubscribe at any time from this service.