(64 9) 358 1900 | Kenton Chambers Lawyers

Terms and Conditions

Standard Terms

This document represents our standard terms and conditions of engagement. These terms will apply unless we agree otherwise in writing with you.

These terms apply to any current and all future engagements.

If you have any queries about these terms please contact our principal Ken Oh (if regarding general instructions), or our accounts manager (if regarding accounts).

Fees

Kenton Chambers Lawyers charge on a variable rate, but may provide a fixed rate to clients in special circumstances including the specialised knowledge, skills or responsibility required, the amounts involved, the importance of the matter, urgency and the results achieved.

GST is payable by you on our fees and charges.

In addition to our fees, office expenses will be depending on the incidental office expenses (such as photocopying, toll calls and courier charges).

Where possible, Kenton Chambers Lawyers will give the Client an estimate. This estimate will be Kenton Chambers Lawyers’ “best guess”. If the work however does not proceed as Kenton Chambers Lawyers had expected due to unexpected complications, or if the work proves more complicated than originally anticipated, Kenton Chambers Lawyers reserves the right to charge for all additional work done.

2.1    Fixed Fees

If your retainer letter specified a fixed fee, we will charge this for the agreed scope of our services. However work which falls outside that anticipated scope, will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and, if requested, give you an estimate of the likely amount of the further costs for the extra work.

 2.2    Variable Fees

Where our fees are calculated on an hourly basis, the hourly rates are $300.00 per hour for the principal, $ 250.00 per hour for senior solicitors and $200.00 per hour for junior solicitors. The differences in those rates reflect the experience and specialisation of our professional staff. Time spent is recorded in 6 minutes units, with time rounded up to the next unit of 6 minutes.

In order to charge the best possible fees to our Client, the following factors are taken into consideration:

the time spent;

the skill, specialized knowledge and responsibility required;

the importance and complexity of the matter;

the urgency and circumstances of the matter;

value of property involved;

standard administration fees; and

the result.

 

 2.3    Disbursements

Throughout our dealings, we may have to make payment(s) to third parties on your behalf. In this case, we will require an advance payment for the full amount(s). Upon completing the matter we will provide you with a full statement of account. We note that we include our agency costs in our disbursements.

 

Billing

Kenton Chambers Lawyers generally bill on a monthly basis. However in certain circumstances this may be inappropriate and such cases will be discussed with you individually.

 

Trust Account

We maintain a trust account for all funds which we receive from clients (except moneys received for payment of our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with the bank. In that case we will charge an administration fee of 6% of the interest derived.

 

Client’s Instructions

Kenton Chambers Lawyers will act in the Client’s best interests to carry out the Client’s instructions. We reserve the right to cease to act where the Client cannot or will not provide instructions required.

In carrying out the Client’s instructions, Kenton Chambers Lawyers will take reasonable steps to notify the Client of the steps taken.

By instructing Kenton Chambers Lawyers, the Client accepts liability to pay the account that Kenton Chambers Lawyers will charge for work done and all disbursements in respect of such instructions.

5.1    Client’s Reliance on Advice

Only you can rely on our advice. A third party cannot rely upon advice given to you unless a written agreement exists with Kenton Chambers Lawyers.

5.2    Conflicts of Interest

If a conflict of interest arises we will let you know and if bound to, or we choose to, we will cease to act for you.

At all times we will comply with Chapter 6 of the Law Society’s Rules of Conduct and Client Care for Lawyers which deals with client interests.

 

Terms of Payment

Our terms of payment are 7 days from the date the bill is rendered unless alternative arrangements with our Credit Manager have been made.

We reserve the right to charge default interest upon accounts unpaid by the due date. Default interest shall be calculated at the rate of 10% above Kenton Chambers Lawyers’ bank overdraft rate applying at the date the payment became due. This is calculated on a daily basis from the due date to the actual date of payment.

We also reserve the right to deduct all outstanding fees or disbursements from funds held on your behalf and not to do any further works and to retain custody of your papers or files until all accounts are fully paid

You will be liable for all legal and debt collection costs that we may incur, in enforcing, or attempting to enforce, our rights under these terms and conditions.

 6.1    Settlement Funds

For property and financing transactions where payment is due by you, we require a deposit of cleared funds for the correct amount no later than the morning of the settlement.

 

Termination of Services

We reserve the right to cease to act in certain situations, including where your account is overdue for payment.

You may terminate our engagement at any time.

We may terminate our engagement:

if you fail to put into our trust account money as agreed;

If you fail to replenish the retainer by topping up further money required;

If do not pay our bills by the due date

if you misrepresent or fail to disclose all relevant facts to us or act contrary to, or ignore our advice

if a conflict of interest arises

If our engagement is terminated we will retain your files as a lien until all fees are paid.

 

Communication

We do not accept any liability for loss arising from non-receipt of any communication, including computer email communications.

 

Privacy of Information

Over the course of your involvement with Kenton Chambers Lawyers we may collect and hold personal information concerning you. Failure to provide us with information may prevent us from providing services to you or limit the quality of the services provided.

Information concerning you will be used by us to provide legal services, to obtain credit or other references, to undertake credit management and inform you of issues and developments that may be of interest to you.

You authorise us to obtain or release to and from any person any information necessary for those purposes, and you authorise any person to release information to us that we require for those purposes.

Information concerning you will be held at our office in Auckland. Under the privacy Act 1993 you have the right of access to, and correction of, your personal information held by us.

The Financial Transactions Reporting Act requires us to collect from you and retain information required to verify your identity.

 

Professional Indemnity Insurance

We are not covered by professional indemnity insurance.

 

Fidelity Funds

The Lawyers' Fidelity Fund administered by the Law Society gives you some protection (maximum of $ 100,000) against theft of your money or other assets, if they are held by Trust Account.

 

Disputes

Any dispute between us is to be resolved before a New Zealand Court applying New Zealand law

If you are not happy with the service you are receiving from us, we recommend that you discuss any problems with the senior staff with whom you normally deal. If you are still not satisfied, you may refer any complaint to New Zealand Law Society. You may visit New Zealand Law Society website at www.lawsociety.org.nz

 

Client Care and Service Information

Whatever legal services we are providing, we will –

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 influence or loyalties;

discuss with you your objectives and how they should 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;

protect your privacy and ensure appropriate confidentiality;

treat you fairly, respectfully, and without discrimination;

keep you informed about the work being done and advise you when it is completed;

let you know how to make a complaint and deal with any complaint promptly and fairly