Terms

These are our Business Terms. We send them and an engagement letter to the client; together they form our contract with the client.

COSTS AND CREDIT

1 • SERVICES

We will provide the services specified in any initial engagement letter or, as subsequently agreed and set out, in any replacement or supplementary engagement letter ("the Services"). The Services may include advice and recommendations, but it is understood and agreed that all decisions in connection with the implementation of such advice and recommendations shall be the responsibility of, and made by the client. Unless implementation is specified in the engagement letter, we shall not be liable in any way in this regard. Either the client or we may request changes to the Services. We each agree to work together to enable each party to assess the impact of any requested changes on the cost, timing or any other aspect of the Services.

2 • COSTS

2.1 Our fees plus office expenses, third party expenses and GST ("Fee or Fees") for the Services will be based on the New Zealand Law Society requirement that all professional fees shall be fair and reasonable having regard to the interests of both the client and us.

2.2 Generally we use hourly rates as a guide to determining the fee, however a number of factors will be taken into account including not only the amount of time devoted by partners and staff to the Services, but also 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.

2.3 During the course of our attendances disbursements can be incurred and clients may be requested to pay in advance to cover these out of pocket expenses.

2.4 Clients may be requested to pay fees and out of pocket expenses on an interim basis at appropriate intervals. A final account will be rendered upon completion of the work.

2.5 All invoices are due for payment 21 days from the date of the tax invoice.

2.6 We will be entitled to charge interest at the rate of 1.5% per month on all accounts that have not been paid in full by the due date, interest to be calculated on a daily basis.

2.7 Clients will be required to pay and indemnify us for any time spent and all costs which may be incurred in recovering overdue accounts.

2.8 We will be entitled to make any enquiries considered appropriate concerning a client's credit history and specific consent is given by the client for us to access any and all current, past and future credit information about the client.

3 • PAYMENT OF ACCOUNTS

Payment Options Include:

• Payment in full either by EFTPOS, Cheque or Credit Card (Bankcard / Visa / MasterCard) within 21 days of the issuing of a tax invoice.
• Payment by deduction from monies held in the client's trust account.
• Payment of fixed regular instalments (by automatic bank authority or direct debit authority) while the matter is in progress. A full tax invoice will be issued at the end of the matter detailing any balance to be paid or any refund to be made.
• Interest bearing finance through Legal Finance Limited over a period from three months to five years, currently at the rate of 15% interest. Conditions apply.

4 • BANK DEPOSITS

It is the policy of the firm, whenever possible, to lodge significant funds being held on behalf of our clients in an interest bearing bank account. The interest rate is specially negotiated for our clients, and we pay all interest earned through these deposits after deducting our administration charge.  To avoid interest being taxed at the higher rate, clients will need to inform our Accounts Department of their IRD number.

5 • INSURANCE AND INVESTMENTS

Where insurances are arranged on behalf of clients, normal commission may be paid to us by the company with whom the insurance cover is placed. This does not involve any increase in the insurance premium charged to the client. Where investments are arranged on behalf of clients any commissions or brokerage paid to us will be passed on to the clients concerned.

Go to Top
 

INVESTMENT ADVISORS DISCLOSURE ACT 1996

Carlile Dowling's Investment Money and Property Handling Procedures:

6 • PAYMENT OF MONIES

Monies can be paid to us by cash, direct credit or by cheque (including by bank cheque) made payable to "Carlile Dowling Trust Account".

7 • MONEY WILL BE HELD ON TRUST

Any funds which we receive from a client, or on their behalf, will be held on trust for the client in the firm trust account until distributed in accordance with the client's instructions.

8 • MONEY WILL BE APPLIED ACCORDING TO CLIENT INSTRUCTIONS

8.1 All payments of funds, other than to the client, are made with the clients prior authority. Funds are paid to a client by either direct credit or trust account cheque.

8.2 If a payment is made to us in uncleared funds (for example, by personal cheque), then we may wait until the funds have cleared before disbursing them.

9 • RECORDS

9.1 The firm keeps records of all funds going into or out of its trust account, and it also keeps records of any funds that have been put on deposit in our name on trust for its clients. These records include investments ledgers and bank statements that separately identify each client's funds.

9.2 Each year, you will be sent a statement of funds held in your trust account and a Resident Withholding Tax Certificate (if applicable). We will supply you with a copy of your records on request unless we are prevented from doing so by conflicting duties or by legislation. If appropriate, a reasonable charge may be made for providing you with a copy of your records.

10 • CARLILE DOWLING'S USE OF INVESTMENT MONEY 

Subject to any arrangement entered into with us before the money is received we will not use the investment money for our own benefit except that we may:

• charge a fee of up to 7.5% of the gross interest earned on the funds administered on your behalf; and
• make any other lawful set off against, or claim any lawful lien on, all or part of the investment money (including its proceeds) for any of your debts due to us.

Go to Top
 

GENERAL TERMS OF ENGAGEMENT

11 • INFORMATION

The client will provide in a candid, full and timely fashion all information and documents reasonably required to enable us to provide the Services. Unless otherwise required pursuant to the engagement, we will have no responsibility to independently verify the accuracy of such information and documents. We will not be liable for any loss or damage arising from any inaccuracy, incompleteness or other defect in any information or documents supplied by the client.

12 • WORKPAPERS

12.1 The workpapers produced by us in the course of our work in providing the Services are our property. We shall be entitled to retain our work papers and copies of any documents provided to us in the course of performing the Services. Work papers will also include documents or deeds relevant to the client's affairs although not necessarily relevant to the Services.

12.2 On providing the Services we will open a file. It will be stored and kept by us for at least six years. Thereafter we may destroy it. If the client sends us any papers which ultimately form part of that file and which are to be returned to the client, then the client must advise us so when those papers are supplied we reserve the right to retain Deeds and documents until all monies due for costs, office services or disbursements are paid. We require this right to retain any such Deeds and documents even if the monies are due for services unrelated to those documents. Our position in this regard is contrary to the usual common law position which would otherwise exist.

13 • HEALTH AND SAFETY

The Health and Safety in Employment Act 1992 obliges us to take all practical steps to ensure the health and safety of our staff engaged on any assignment. The client and we will be mutually responsible to ensure the safety of our staff and to see no harm is caused to them in the client workplace. The client shall ensure that the Act is fully complied with when our personnel visit their sites.

14 • REPORTING 

We will report to the client orally or in writing at appropriate times throughout the engagement when there are developments or matters that require decisions or input from the client.  The client is welcome to contact us for an update on progress at any time.

15 • DISBURSEMENTS AND EXPENSES

In providing services we may incur office expenses or have to make payments to third parties on the client's behalf. These will be included in our invoice to the client when the expense is incurred. We may require an advance payment for disbursements or expenses.

16 • LIMITATION CLAUSE

If we incur any liability to a client, our total aggregate liability to them will be limited to the lesser of $500,000 or 10 times the fee charged for the engagement.  This limitation applies to all liabilities, whether in contract, tort (including negligence), equity or otherwise.  This limitation does not apply to the extent that the Consumer Guarantees Act 1993 applies.

17 • TERMS AND TERMINATION

The Contract will continue until all the Services have been provided unless sooner terminated by agreement as set out below. Either party may terminate the Contract by written notice or if the other party fails to remedy a material breach of the Contract. Termination will not affect the client's obligations to pay our fees for all Services performed up to termination. Any of the terms and conditions of the engagement letter or the Terms that are intended to apply after completion of the Services will continue to apply following termination.

18 • CONFIDENTIALITY

We will not disclose to third parties any confidential information relating to the Services unless either authorised by the client or compelled by law, or as is necessary to provide the Services.

19 • INDEMNITY

If we become involved in any claim (including actual or threatened litigation of whatever form) in relation to the Services, we will immediately notify the client. The client agrees, to the extent permitted by law, to indemnify Carlile Dowling, its Partners and employees in all respects including its reasonable costs and expenses involved in defending any such actual or threatened litigation. Where outside legal counsel is retained for these purposes, those costs will be met by the client. We will use our best endeavours to agree to the quantum of any such outside legal costs recognising the need to respond to such litigation on a prompt and reasonable basis. The client agrees to meet the costs of Carlile Dowling for reasonable time incurred by its Partners and staff and any other reasonable costs and expenses in relation to any inquiry or proceeding initiated by any person.

20 • RESTRICTIONS

Unless we have agreed in writing, no advice or information provided to the client is to be made available, directly or indirectly to any third party, or shall be used or relied upon by any third party. We will have no liability to any such third party. The client will indemnify us against any third party claim arising from the client's release of our advice or information to them.

21 • E- MAIL

While we use standard virus checking software, we accept no responsibility for viruses or anything similar in any emails or any attachments which come from Carlile Dowling. We also do not accept any responsibility for any changes to, or interception of, any email or any attachment after it leaves our information systems.

22 • NO ASSIGNMENT OR BENEFIT

The client may not assign the benefit of the Services to any third party without our written consent. For the avoidance of doubt the sole beneficiary of the Services under this Contract is the client. No other party is intended to take a benefit under the Contracts (Privity) Act 1982.

23 • GUARANTEE

Instructions from time to time may be taken from companies or other corporate bodies and/or family trusts and/or third party individuals at the client's request. In such instances these Terms will apply to the receipt of such instructions and the client as an individual unconditionally and personally guarantees to Carlile Dowling the performance of all obligations expressed or implied in these terms.

Go to Top 

GENERAL INFORMATION

24 • INSURANCE

We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the NZ Law Society. We will provide the client with particulars of the minimum standards upon request.

25 • LAWYER FIDELITY FUND

The NZ 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. 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.

26 • COMPLAINTS

26.1 We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly.

26.2 If a client has a complaint about our services or charges, they may refer it to the person in our firm who has overall responsibility for their work.

26.3 If the client does not wish to refer their complaint to that person, or is not satisfied with that person's response to it, then they may refer the complaint to the Practice Manager.

26.4 The Practice Manager may be contacted as follows:

• by letter;
• by email at practice.manager@cardow.co.nz;
• by phone on (06) 835 7394.

26.5 The NZ Law Society also maintains a complaints service and a client is able to make a complaint to that service by contacting NZLS Lawyers Complaints Service, Hawke's Bay Area, P O Box 341, Napier 4140 or email: HBDLS@xtra.co.nz or by telephone 0800 261 801 or (06) 833 6435.

27 • CLIENT CARE AND SERVICE

27.1  The Law Society client care and service information is set out below.

Whatever legal services we provide, we must:

• Act competently, in a timely way, and in accordance with instructions received and arrangements made.
• Protect and promote the client's interests and act for the client free from compromising influences or loyalties.
• Discuss with the client their objectives and how they should best be achieved.
• Provide the client with information about the work to be done, who will do it and the way the services will be provided.
• Charge a fee that is fair and reasonable and let the client know how and when they will be billed.
• Give the client clear information and advice.
• Protect the client's privacy and ensure appropriate confidentiality.
• Treat the client fairly, respectfully and without discrimination.
• Keep the client informed about the work being done and advise them when it is completed.
• Let the client know how to make a complaint and deal with any complaint promptly and fairly.

27.2 The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

Go to Top