PETER DAVEY BARRISTER LIMITED
CLIENT INFORMATION & STANDARD TERMS OF ENGAGEMENT
The following sets out the basis on which Peter Davey Barrister Limited and Peter Davey (both referred to as “I”, “my” or “me”) will provide legal services to clients (referred to as “you” and “your”) subject to the terms of any specific instructions.
1. Client Care and Service:
In providing legal services I will:
- 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, who will do it and the way the services will be provided:
- charge you a fee that is 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.
2. Fees:
Fees for my legal services are usually based on the time recorded at an hourly rate that is advised to you prior to commencing work. However, other factors such as the importance; urgency and complexity of the matter; the amount or value of any property involved and the results achieved may be taken into account in setting a fee that is fair and reasonable.
I will periodically issue invoices on terms requiring payment within 14 days of the date of each invoice. I reserve the right to charge interest at the rate of 10% on any amount which is more than seven days overdue.
Invoices may include charges for disbursements that have been incurred in performing legal services. For example, this could include filing fees charged by the Ministry of Justice for filing documents in court, charges for serving documents and fees charged by experts.
You will remain responsible for payment of all invoices even if you expect to be reimbursed by a third party and although you may have requested that any invoices are directed to a third party for payment.
I may require you to pay funds into a solicitor’s trust account on account of my legal fees and disbursements. You authorise that solicitor to apply any funds held on your behalf in that trust account towards payment of any invoice that I have provided.
3. Termination of services
My services will come to an end once they have been completed or we may agree to terminate them before that occurs. You also have the right to terminate my services at any time by giving reasonable notice in writing to me. I may terminate my services for “good cause” which include:
- If you give instructions that would require me to breach any professional obligations;
- If you have not paid my invoices or funds into a trust account on the terms agreed between us;
- If you do not provide me with instructions in a sufficiently timely way.
When my services are terminated you will need to pay for my services (including disbursements) reasonably and properly provided to you prior to the date of termination.
You authorise me to destroy all files and documents held by me seven years after my services are terminated or earlier if I have converted those files and documents to an electronic format.
4. Professional Indemnity Insurance:
I hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society and I can provide you with particulars of those minimum standards upon request.
5. Limitation of liability:
My duty of care is owed to you and my legal services are provided for your benefit. I accept no responsibility or liability to any other person who relies on my legal services.
My liability for any claim that is related in any way to the legal services provided by me is limited to the maximum amount of the cover of my professional indemnity insurance.
6. Complaints:
Please contact me by telephone or in writing if you have a complaint about my legal services or fees. If I cannot resolve your complaint then we can refer it to another barrister mutually agreed by us. Alternatively, 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 you will be connected to the nearest Complaints Service Office, which can provide information and advice about making a complaint.
7. 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.
8. General:
These terms apply to all instructions carried out on your behalf and may be changed from time to time.
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