Set out below are is information which the Rules of Conduct and Client Care
for Lawyers (“NZLS Rules’) of the New Zealand Law Society (“Law
Society”) require us to provide you with.
1. Our obligations to you
The NZLS Rules require that in all events, subject to the duties of Bay Law Office and its members to the courts and to the justice system, Bay Law Office and each of its lawyers must:
(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.
The obligations lawyers owe to you are described in the NZLS Rules. These obligations are subject to overriding duties, including duties to the Courts and the justice system. If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801
2. Fees
Our fees are charged on the basis of the NZLS rules which require that fees be fair and reasonable for the services provided. In determining what constitutes a fair and reasonable Fee a number of factors will be taken into account including not only the amount of time devoted by the partner and staff to the Services, but any urgency involved, the amount or value of the money or property involved, the degree of complexity and resulting skill required, the results achieved and any other criteria that are relevant.
We
will provide fee estimates upon request. Any costs estimate will be our
“best guess” as to what the fees and other cost are likely to be. If
the work proves more complicated than originally anticipated then we
will charge for all additional work.
Conveyancing matters will be
billed at settlement or on completion of the work. For other matters we
will send an invoice to you on completion of the matter or termination
of our engagement. For significant ongoing work we may send interim
invoices when we incur a significant expense.
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.
3. 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.
4. Lawyers Fidelity Fund
The Law Society maintains the Lawyers Fidelity Fund for the purposes 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 $100,000.00. Except in certain circumstances specified in the Lawyers & 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.
5. 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 Peter Bruce Jacobson the principal of this office.
The New Zealand Law Society also maintains a complaints service and you are able to make a complaint to that service details of which are set out at www.adls.org.nz.