Details of the scope of our services, the basis on which our fees will be calculated, the persons who will be responsible for undertaking this work and any limitations on our obligations or liability are set out below.
1. The Work
You have asked us to do the following work:
The work you require from us will be emailed to you with a detailed summary of the services to be provided.
2. Fees
The basis on which our fees will be charged is as follows:
Wyan Nelson Solicitor $450.00
or at an agreed fixed fee for a specific matter as agreed from time to time.
Generally, our fees reflect the time we spend on the matter, charged at the relevant hourly rate, and adjusted where appropriate to reflect other factors. These factors may include the specialized knowledge, skills or responsibility required, the amounts involved, the importance of the matter, urgency and the results achieved.
We can give estimates of the likely fees based on our experience with similar matters. Estimates are given as a guide only and not as a fixed quotation. We will also inform you periodically of the level of fees incurred or inform you when fees reach a specified level.
We also charge for general office services and for disbursements incurred on your behalf.
Goods and Services Tax is also charged as and when required by law.
For a variety of reasons, some instructions are not completed. If this occurs, we will charge you for the work undertaken and costs incurred up to the time of termination or 50% of the fee plus disbursements and gst, whichever is the greater.
In some circumstances, we may be required to incur additional time or expense following the completion or termination of a matter. We will charge for this in the normal way.
We are happy to discuss any aspect of our fees and charges with you at any time.
3. Accounts
Our general practice is to issue interim accounts monthly for work which will be carried out over an extended period of time with a final account rendered on completion of the matter.
However, if your instructions relate to a conveyancing transaction, we will generally render our account to you on the completion or earlier termination of that matter.
Our accounts are payable on receipt. Please raise any queries you have about any account within fourteen (14) days of receiving it.
If an account is not paid promptly, we may elect not to do any further work, and to retain custody of your papers or files, until all accounts are paid in full.
4. Scope of our Role
We will represent and advise you on all legal matters that properly fall within the scope of your instructions. If you have any comments on what we say, please let us know as soon as you can. It is important that good communication, and a shared understanding of your instructions and expectations, be established at the outset.
You may limit or expand the scope of your instructions at any time, although we may need to undertake a check for potential conflicts before accepting any substantial expansion.
We will act in accordance with your instructions and any applicable professional or legal obligations. We will use all due care and skill in doing so.
Our duties are owed to you. Unless otherwise agreed in writing or required by law, those duties will not extend to others, including for example associated parties such as shareholder or related companies, directors or employees, or parents or other family members. If any other parties wish to retain us, they should do so by separate agreement.
Our advice is given for your benefit and in your interests. If any other parties wish to rely on the advice we give you, they can only do so if both of us agree in writing. Similarly, our name and opinions may not be used in connection with any prospectus, financial statement or other public document without our written consent.
When your instructions on a matter are completed, our representation will end. We will advise you any further on issues requiring completion.
5. Limitations on our Obligations or Liability
To the extent permitted by law, our total aggregate liability, including that of our employees, agents and contractors to you as our client (and any person claiming under or through you) arising from, related to, in connection with, or in any way involving:
will not exceed $750,000.00
6. Professional Indemnity Insurance
We 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.
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. Complaints:We 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 our services or charges, you may refer your complaint to the person in our firm who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to Fred Baker of Baker Law & Conveyancing Limited, 368 Beach Rd, Mairangi Bay, who will be handling complaints for your matter.
He/she may be contacted as follows:
Please note that by clicking on "I accept" you have accepted the above terms and conditions or you will be bound by these terms if after reading this, you orally advise us of your acceptance or if you instruct us to proceed to act for you.
1. The Work
You have asked us to do the following work:
The work you require from us will be emailed to you with a detailed summary of the services to be provided.
2. Fees
The basis on which our fees will be charged is as follows:
- Time and attendance is based on the following hourly rate (plus GST) for those persons in our firm who may undertake this work for you :
Wyan Nelson Solicitor $450.00
or at an agreed fixed fee for a specific matter as agreed from time to time.
- Administration Expenses plus GST and disbursements as incurred plus GST.
- Sometimes we will require a deposit to be held on Trust as provision for our costs and disbursements. This will apply depending the nature of the work required.
- Once we have a clear understanding of the services required we will provide you with an estimate of the fees and costs as well as with the details of the contact person and other persons assigned to work with your matter.
Generally, our fees reflect the time we spend on the matter, charged at the relevant hourly rate, and adjusted where appropriate to reflect other factors. These factors may include the specialized knowledge, skills or responsibility required, the amounts involved, the importance of the matter, urgency and the results achieved.
We can give estimates of the likely fees based on our experience with similar matters. Estimates are given as a guide only and not as a fixed quotation. We will also inform you periodically of the level of fees incurred or inform you when fees reach a specified level.
We also charge for general office services and for disbursements incurred on your behalf.
- General office services include photocopying, facsimiles, telephone communications, deliveries, general legal forms and documents and inquiries and similar. These are charged at a minimum charge of $50.00 plus GST or at a standard rate equal to 2.5% plus GST of our fees, whichever amount is the greater. This is charge on each matter.
- Disbursements include out-of-pocket expenses such as same day clearance bank fees, travel and accommodation costs, registration and filing costs, Court charges, search fees, fees of agents, experts and other professionals and similar. These are charged to you at the cost to us of the disbursements.
- Land online fees will be charges to your matter under disbursements as and how it occurs. The rate will be the actual cost of each instrument as charged by land online plus a $23.00 charge per instrument inclusive of gst for the cost of the provision of the service. For conveyancing matter a fee of $46.00 inclusive of gst will be charged for all pre and post settlement searches, guaranteed searches and provision of services.
Goods and Services Tax is also charged as and when required by law.
For a variety of reasons, some instructions are not completed. If this occurs, we will charge you for the work undertaken and costs incurred up to the time of termination or 50% of the fee plus disbursements and gst, whichever is the greater.
In some circumstances, we may be required to incur additional time or expense following the completion or termination of a matter. We will charge for this in the normal way.
We are happy to discuss any aspect of our fees and charges with you at any time.
3. Accounts
Our general practice is to issue interim accounts monthly for work which will be carried out over an extended period of time with a final account rendered on completion of the matter.
However, if your instructions relate to a conveyancing transaction, we will generally render our account to you on the completion or earlier termination of that matter.
Our accounts are payable on receipt. Please raise any queries you have about any account within fourteen (14) days of receiving it.
If an account is not paid promptly, we may elect not to do any further work, and to retain custody of your papers or files, until all accounts are paid in full.
4. Scope of our Role
We will represent and advise you on all legal matters that properly fall within the scope of your instructions. If you have any comments on what we say, please let us know as soon as you can. It is important that good communication, and a shared understanding of your instructions and expectations, be established at the outset.
You may limit or expand the scope of your instructions at any time, although we may need to undertake a check for potential conflicts before accepting any substantial expansion.
We will act in accordance with your instructions and any applicable professional or legal obligations. We will use all due care and skill in doing so.
Our duties are owed to you. Unless otherwise agreed in writing or required by law, those duties will not extend to others, including for example associated parties such as shareholder or related companies, directors or employees, or parents or other family members. If any other parties wish to retain us, they should do so by separate agreement.
Our advice is given for your benefit and in your interests. If any other parties wish to rely on the advice we give you, they can only do so if both of us agree in writing. Similarly, our name and opinions may not be used in connection with any prospectus, financial statement or other public document without our written consent.
When your instructions on a matter are completed, our representation will end. We will advise you any further on issues requiring completion.
5. Limitations on our Obligations or Liability
To the extent permitted by law, our total aggregate liability, including that of our employees, agents and contractors to you as our client (and any person claiming under or through you) arising from, related to, in connection with, or in any way involving:
- the performance or non-performance of the work, or
- any act, default or omission in connection with the relationship created by the work and our engagement,
will not exceed $750,000.00
6. Professional Indemnity Insurance
We 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.
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. Complaints:We 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 our services or charges, you may refer your complaint to the person in our firm who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to Fred Baker of Baker Law & Conveyancing Limited, 368 Beach Rd, Mairangi Bay, who will be handling complaints for your matter.
He/she may be contacted as follows:
- by letter;
- by email at fred@bakerlaw.co.nz; by telephoning him/her at +64 9 476 8000.
Please note that by clicking on "I accept" you have accepted the above terms and conditions or you will be bound by these terms if after reading this, you orally advise us of your acceptance or if you instruct us to proceed to act for you.
