Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (Law Society).
The basis on which fees will be charged and when payment of fees is to be made are both set out in our Standard Terms of Engagement. These arrangements may be modified by any separate letter of engagement relating to your instructions.
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.
Professional Indemity 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.
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.
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:
P O Box 10 614
04 499 3311
P O Box 10 614
04 499 3311
The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service. To do so, you should contact the Law Society: visit www.lawsociety.org.nz or phone 0800 261 801.
Persons Responsible for the Work
Unless otherwise advised, the person responsible for the work will be the person you instruct, namely either David Chapman or Jeff Tong, both of whom are principals of Chapman Tong Law.
Client Care and Service
The Law Society client care and service information is set out below.
Whatever legal services your lawyer is providing, he or she must:
• 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 influences or loyalties.
• Discuss with you your objectives and how they should best 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.
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.
If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.
Limitation on Extent of our Obligations or Liability
The extent of our obligations to you is subject to our terms of engagement and may also be limited by any separate letter of engagement relating to your instructions.