DAWSONS
Lawyers
Terms of Engagement
The following terms and conditions apply between us as a firm and you as the client.
LAWYERS
1. Our aim at all times is to provide quality legal services in a prompt, efficient and economical manner. This may involve utilising other partners, solicitors, legal executives or assistants within the firm with the requisite or suitable expertise for the completion of various tasks. In appropriate cases it may also involve utilising the expertise of external Counsel. A partner will be available to oversee all work.
2. We will inform you as soon as possible if we are unable or unwilling to act for you due to a conflict or a potential conflict of interest.
3. On request you are required to provide us with a current residential address and suitable identification, although an alternative address or box number may be given for correspondence. We will report to, and take instructions from you and from any person or entity authorised or reasonably believed by us to be authorised by you to give such instructions.
4. At all times you are obliged to provide us with all or any relevant instructions, information, evidence and documents, and in a timely manner. Any failure to do so may have a material effect on our conclusions and the provision of work, services or representation.
FEES
5. Fees are charged in accordance with guidelines laid down by the New Zealand Law Society’s Rules of Conduct and Client Care for Lawyers.
In fixing the fee the Firm is entitled to take into account matters such as:
· Time spent
· Skill and knowledge and responsibility required
· Value of property involved
· Complexity, novelty, importance and urgency of the matter
· Reasonable costs of running a practice
· The result
The Firm generally charges on a time spent basis. An hourly rate will apply depending on the particular solicitor involved. Time is recorded whenever time is spent on the Client’s file – this includes attendances, telephone calls, emails, letters sent and received and any other work undertaken on behalf of the Client.
6. The Client may request an estimate of fees, and where possible the Firm shall give one. This estimate will be the Firm’s “best guess” as to what the fee is likely to be. If however the work does not proceed as the Firm expected due to unexpected complications, or if the work proves more complicated than originally anticipated, the Firm will charge for all additional work done.
If it appears that the estimate will be exceeded the Firm will advise the Client of the reasons and obtain further instructions from the Client.
Retainer
7. Before commencing work on a matter we shall be able to require an advance against fees, disbursements and other charges. This retainer will be deposited into our trust account, and it may be used to pay any invoice rendered by us or any disbursement on your behalf.
8. We shall be entitled to ask you to make further retainer payments from time to time as the matter advances and if the earlier retainer payment has been used. Any remaining balance of the retainer will be returned to you upon the completion of our services.
9. We reserve the right to decline to act if there is a failure or delay in payment of any retainer requested. A non-payment of a retainer may also result in a delay in our undertaking of work or providing services for you, and it may result in our withdrawing our services and representation.
10. When will you be billed?
a) Generally property matters may be billed at the time of settlement or on completion of the work. The firm may require you to make payment or payments to it for the provision of legal services under this agreement prior to final billing of any matter.
b) For other matters the firm may bill you on a regular basis.
11. When do you have to pay?
The firm’s accounts are all due within seven days of issue of the firm’s invoice. If the firm is holding any money for you, you authorise the firm to deduct the account from that money after having provided you with a dated invoice.
Joint and Several Liability
If there is more than one person comprising a client, each person is jointly and severally liable for payment in due time of all the firm’s accounts and other charges such as those under clause 8.
12. What if you cannot pay on time?
a) If a client anticipates difficulty in the payment of any account, the client must contact the firm immediately and discuss arrangements for payment.
b) Interest is payable on any account more than seven days overdue. Interest shall be calculated at the rate of 5% above the firm’s bank overdraft rate applying at the date payment became due.
c) If the firm has to take steps to recover any unpaid account, the costs of recovery (including debt collectors’ charges) are all payable by the client.
13. What about out of pocket payments you may have to make?
a) Payments may have to be made to other people for work to be done, for example filing fees, search fees, agency fees and similar payments (called disbursements). The firm is not required to pay these amounts for you unless the firm receives payment from you first. The firm has the right to ask for these specific amounts or for an approximate amount to cover these expenses to be paid in advance to ensure that the firm is not out of pocket.
b) If the firm instructs any other person (including Counsel or another lawyer) the firm has the right to require payment of that person’s estimated fees into the firm’s trust account beforehand. By instructing that person, the firm undertakes an obligation to pay that person’s fees and accordingly requires to be protected for them. The firm may require you to enter a payment arrangement directly with that person.
14. Moneys Held or Received
For property and financing transactions, you must credit our trust account with the ASB Bank before 10.00 am on the day of settlement with cleared funds for the correct amount.
15. We will be entitled to deduct at any time our fees, disbursements and other charges from any money held or received on your behalf. The raising of an invoice to you is authority for such a deduction, and such invoices shall be forwarded to you.
16. Termination of Legal Services
a) You may terminate our services and representation at any time upon written notice to us. We will render a final account to you, and at all times we shall have a lien over your file, papers, information, money held and money received on your behalf until payment in full of all or any accounts.
b) We reserve the right to seek to withdraw from our representation with your consent, or by an order of a Court, and otherwise we may decline to act further or withdraw our services on giving notice (whether oral or written) for good cause, including without limitation for any failure to pay an account rendered or due to any delay in payment.
17. Lien
Where work has been done by the firm but the firm has not been paid by the client, then the firm has the right to retain the original documents and the correspondence on the client’s files until such time as all outstanding fees, disbursements and other expenses have been paid. This is known as a lien. This will be particularly important in circumstances where the client decides, for whatever reason, to instruct another law firm. The client must pay all outstanding fees, disbursements and other expenses before the firm releases the client’s files to the client’s new solicitors. Alternatively that other law firm may be obliged to give an undertaking to the firm to pay all outstanding fees and disbursements before the client’s file is released.
18. Engagement
a) By you engaging our services or continuing to instruct us after receiving or being notified of these terms of engagement, and by us providing work, services or representation, you agree to and are deemed to immediately accept the terms and conditions as set out above (unless we receive written notice from you otherwise and such change is expressly agreed to by us in writing).
b) No waiver by us of a breach of any term of engagement shall be deemed to be a waiver of any other term or subsequent breach.
c) These terms of engagement constitute the entire understanding between you and us.
Guarantee — Guarantor(s) Details
If the client is a company the firm requires the client’s obligations to be guaranteed by an actual person.
Name ……………………………………...........……….……….………………………………..
Postal Address ……………………….........…………………………………….………………
Physical Address …………………….........…..…………..……………………………………
Telephone ………..… Fax ………..……. Mobile ……..……… Email …….....….....….
I/We hereby personally guarantee as principal debtor(s) full payment of all accounts, costs and charges due and owing to the firm pursuant to the firm’s terms of engagement above and agree to personally indemnify the firm for the same.
Signed by the Guarantor ……............……. in the presence of ……………..........……. (Witness)
Dated this day of 200
Signed by the Guarantor ………............…. in the presence of ……….……........……. (Witness)
Dated this day of 200
