Ayres Legal Client Agreement
This agreement is between Ayres Legal and you, our client. The terms of this agreement will apply to all current matters and all future matters that we handle on your behalf; unless or until we alter these terms and advise you of the changes.
The terms of this agreement also apply to any company of which you are a director or shareholder; a trust of which you are a trustee; and / or a partnership in which you are a partner, if the company, trust or partnership, as the case may be, has or does instruct Ayres Legal to carry out work.
To you as a client of Ayres Legal we agree to:
- 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. Maintain confidentiality to the extent required at law or by the Law Society;
- 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;
- treat you fairly, respectfully and without discrimination;
- keep you informed about the work being done and advise you when it is completed; and
- let you know how to make a complaint and deal with any complaint promptly and fairly;
Additional obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers, made under the Lawyers and Conveyancers Act 2006 Those obligations are subject to other overriding duties, including duties to the courts and to the justice system. Further information can be gained from www.lawsociety.org.nz or calling 0800 261 801.
Persons Responsible for the Work:
The partners will have the overall responsibility for the services we provide to you and are available to discuss any matter on your file. The person handling the matter will communicate with you at the beginning of each matter and our staff will assist you where required.
Fees:
- Fees will generally be charged on a time and attendance basis. We record the time we spend on a matter for this purpose and these time records can be provided to you if requested. You should feel free at any time to discuss a fee with us.
- We will provide an estimate for the fees and costs expected for a matter if requested by you. Some matters will be charged on a fixed fee basis.
- In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be invoiced to you. We may require an advance payment for the disbursements or expenses that we will incur on your behalf.
- We will send interim invoices to you, usually monthly. On completion of a matter, or termination of our services we will send a final invoice. We may also send you an invoice when we incur a significant expense.
- Under trust account regulations we may deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which we have provided an invoice. Our practice is to discuss this with you beforehand, whenever possible.
Retention of files and documents:
We are unable to retain all files indefinitely. We will retain all files for 7 years after our engagement ends, or a lesser period if we have converted those files and documents to electronic format. After the earlier of 7 years or following the conversion to electronic format, you authorise us (without further reference to you) to destroy all files and documents for such a matter (other than any documents that we hold in safe custody for you, such as wills or deeds).
Trust account:
We maintain a trust account for all funds that we receive from clients. 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 a small administration fee of 5 % of the net interest received.
Insurance:
We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society.
Communication
We are authorised by you to send to you electronic and other communications from time to time.
Law Society Fidelity Fund:
The Law Society maintains the Lawyers’ Fidelity Fund for the purposes of providing clients of lawyers with protection against financial loss arising from theft by lawyers. The maximum amount payable by the Fidelity Fund by way of compensation to an individual claimant is limited. Generally the Lawyers’ 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.
Complaints:
If you have a complaint about us that complaint should be advised in the first instance to one of the partners of the firm. In addition there is a complaints service operated by the Law Society, which can be contacted at its address in the Telecom White Pages. We are happy to talk about any matter that concerns you in relation to your file.
- Issued 22 February 2010.