CLIENT CARE – TERMS OF OUR CLIENT/LAWYER RELATIONSHIP
The purpose of this letter
This letter sets out the terms and conditions governing our relationship. It explains what you can expect from your lawyer, and what we agree to when we work for you. It includes information that we need to tell you under the Lawyers and Conveyancers Act 2006. It applies to any work we do for you. These terms can be varied by agreement, which will then be recorded in a new letter. If you have any questions about any of the terms, please contact us to discuss.
Your obligations under the Legal Services Act 2011
We have been assigned as your lawyer by the Ministry of Justice under Legal Aid. We will invoice the Ministry of Justice for any work we do for you. You may have to repay some of your legal aid to the Ministry of Justice, depending on how much you earn, what property you own, how much your case costs, and on how much money you win from your case, if applicable. The Ministry will tell you the maximum amount of any Legal Aid you may have to repay when it tells you that you have been granted Legal Aid. If you are a beneficiary with no assets, it is likely that you will not have to repay any of your Legal Aid.
Change in financial circumstances
The Ministry uses the financial information you gave on your Legal Aid application form to work out whether you have to pay anything. You MUST inform the Ministry of Justice immediately if your financial circumstances change.
People responsible for your work
Asta Gold of our firm will have the general carriage of or overall responsibility for the services we provide for you.
Our commitment to you as your Legal Aid Lawyer
Under the Lawyers and Conveyancers (Lawyers Conduct and Client Care) Rules 2008, we will:
(a) Act competently, in a timely way, and in accordance with instructions received and arrangements made.
(b) Protect and promote your interests and act for you free from compromising influences or loyalties.
(c) Discuss with you your objectives and how they should best be achieved.
(d) Provide you with information about the work to be done, who will do it and the way the services will be provided.
(e) Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
(f) Give you clear information and advice.
(g) Protect your privacy and ensure appropriate confidentiality.
(h) Treat you fairly, respectfully and without discrimination.
(i) Keep you informed about the work being done and advise you when it is completed.
(j) Let you know how to make a complaint and deal with any complaint promptly and fairly.
Lawyers’ obligations
Our obligations to you are described in the Rules of Conduct and Client Care for Lawyers. These can be found on this website: www.lawsociety.org.nz, or if you do not have access to this website, I can provide this information to you on request. I also have a primary duty that I owe to the Court as an officer of the Court.
If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.
Ending our engagement
(a) You may end our engagement by giving us reasonable notice. Before you take your records, you need to notify the Ministry of Justice that you want to apply for a re-assignment. A re-assignment will only be done in certain circumstances.
(b) When you end our engagement, we may keep copies of your documents and records.
(c) We may decide to stop working for you, if you:
(i) do not provide us with instructions promptly; and/or
(ii) the Ministry of Justice advises us that our assignment is at an end.
(d) If we decide to stop working for you, we will give you reasonable notice.
Professional Indemnity Insurance and the Lawyer's Fidelity Fund
(a) We hold current professional indemnity insurance that meets the minimum or exceeds the New Zealand Law Society’s minimum standards.
(b) The maximum amount that may be paid out of the Fidelity Fund to an individual claimant by way of compensation is $100,000.00. Neither the Lawyers’ Fidelity Fund nor the Conveyancing Practitioners’ Fidelity Fund is to be applied in paying compensation to any person for any loss relating to money that a practitioner or incorporated firm has been instructed to invest on behalf of that person.
Confidentiality
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 Law Society’s Rules of Conduct and Client Care for Lawyers.
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.
We will of course, not disclose to you confidential information which we have in relation to any other client.
If you have a complaint, we want to know
If we have failed to meet your expectations, please tell us. We take clients’ complaints seriously and want to do what we can to put the problem right.
If you are unhappy we encourage you to talk to us, to see whether the problem is simply a misunderstanding. If that does not solve the problem, talk to the Ministry of Justice and discuss whether you are able to have a re-assignment.
If you are still not satisfied with the way your complaint has been dealt with, you can make a formal complaint to the New Zealand Law Society by email complaints@lawsociety.org.nz or phone 0800 261 801.
General
These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
We are entitled to change these Terms from time to time, in which case we will send you amended Terms.
Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
Conflicts of Interest
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.
Duty of Care
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.
Completion
When we have finished the matter, we will send a report to you, and where appropriate we will also identify any necessary action that may be required in the future.
Retention of records
Files and documents concerning each matter will be retained at our expense for a period not less than seven years after that matter has been completed, at which time you authorise us to destroy them. However, we will not destroy any of your original documents, which will be returned to you on completion of your matter.
We value your instructions
We will do our very best to deal with your affairs promptly and efficiently. Please retain this letter which sets out our formal relationship. We look forward to working with you and assisting you in reaching your desired outcomes.
The purpose of this letter
This letter sets out the terms and conditions governing our relationship. It explains what you can expect from your lawyer, and what we agree to when we work for you. It includes information that we need to tell you under the Lawyers and Conveyancers Act 2006. It applies to any work we do for you. These terms can be varied by agreement, which will then be recorded in a new letter. If you have any questions about any of the terms, please contact us to discuss.
Your obligations under the Legal Services Act 2011
We have been assigned as your lawyer by the Ministry of Justice under Legal Aid. We will invoice the Ministry of Justice for any work we do for you. You may have to repay some of your legal aid to the Ministry of Justice, depending on how much you earn, what property you own, how much your case costs, and on how much money you win from your case, if applicable. The Ministry will tell you the maximum amount of any Legal Aid you may have to repay when it tells you that you have been granted Legal Aid. If you are a beneficiary with no assets, it is likely that you will not have to repay any of your Legal Aid.
Change in financial circumstances
The Ministry uses the financial information you gave on your Legal Aid application form to work out whether you have to pay anything. You MUST inform the Ministry of Justice immediately if your financial circumstances change.
People responsible for your work
Asta Gold of our firm will have the general carriage of or overall responsibility for the services we provide for you.
Our commitment to you as your Legal Aid Lawyer
Under the Lawyers and Conveyancers (Lawyers Conduct and Client Care) Rules 2008, we will:
(a) Act competently, in a timely way, and in accordance with instructions received and arrangements made.
(b) Protect and promote your interests and act for you free from compromising influences or loyalties.
(c) Discuss with you your objectives and how they should best be achieved.
(d) Provide you with information about the work to be done, who will do it and the way the services will be provided.
(e) Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
(f) Give you clear information and advice.
(g) Protect your privacy and ensure appropriate confidentiality.
(h) Treat you fairly, respectfully and without discrimination.
(i) Keep you informed about the work being done and advise you when it is completed.
(j) Let you know how to make a complaint and deal with any complaint promptly and fairly.
Lawyers’ obligations
Our obligations to you are described in the Rules of Conduct and Client Care for Lawyers. These can be found on this website: www.lawsociety.org.nz, or if you do not have access to this website, I can provide this information to you on request. I also have a primary duty that I owe to the Court as an officer of the Court.
If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.
Ending our engagement
(a) You may end our engagement by giving us reasonable notice. Before you take your records, you need to notify the Ministry of Justice that you want to apply for a re-assignment. A re-assignment will only be done in certain circumstances.
(b) When you end our engagement, we may keep copies of your documents and records.
(c) We may decide to stop working for you, if you:
(i) do not provide us with instructions promptly; and/or
(ii) the Ministry of Justice advises us that our assignment is at an end.
(d) If we decide to stop working for you, we will give you reasonable notice.
Professional Indemnity Insurance and the Lawyer's Fidelity Fund
(a) We hold current professional indemnity insurance that meets the minimum or exceeds the New Zealand Law Society’s minimum standards.
(b) The maximum amount that may be paid out of the Fidelity Fund to an individual claimant by way of compensation is $100,000.00. Neither the Lawyers’ Fidelity Fund nor the Conveyancing Practitioners’ Fidelity Fund is to be applied in paying compensation to any person for any loss relating to money that a practitioner or incorporated firm has been instructed to invest on behalf of that person.
Confidentiality
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 Law Society’s Rules of Conduct and Client Care for Lawyers.
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.
We will of course, not disclose to you confidential information which we have in relation to any other client.
If you have a complaint, we want to know
If we have failed to meet your expectations, please tell us. We take clients’ complaints seriously and want to do what we can to put the problem right.
If you are unhappy we encourage you to talk to us, to see whether the problem is simply a misunderstanding. If that does not solve the problem, talk to the Ministry of Justice and discuss whether you are able to have a re-assignment.
If you are still not satisfied with the way your complaint has been dealt with, you can make a formal complaint to the New Zealand Law Society by email complaints@lawsociety.org.nz or phone 0800 261 801.
General
These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
We are entitled to change these Terms from time to time, in which case we will send you amended Terms.
Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
Conflicts of Interest
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.
Duty of Care
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.
Completion
When we have finished the matter, we will send a report to you, and where appropriate we will also identify any necessary action that may be required in the future.
Retention of records
Files and documents concerning each matter will be retained at our expense for a period not less than seven years after that matter has been completed, at which time you authorise us to destroy them. However, we will not destroy any of your original documents, which will be returned to you on completion of your matter.
We value your instructions
We will do our very best to deal with your affairs promptly and efficiently. Please retain this letter which sets out our formal relationship. We look forward to working with you and assisting you in reaching your desired outcomes.