STANDARD TERMS OF ENGAGEMENT
These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us (i.e. Blackwood Legal Limited and our staff) for you, except to the extent that you and Blackwood Legal Limited otherwise agree in writing.
1. Purpose of this Document
This document sets out our terms and conditions. It explains what you can expect from us and what you agree to when we provide legal services to you. It includes information required under the Lawyers and Conveyancers Act 2006 and applies to all work we undertake for you. If any changes to these terms are necessary, we will send you an amended document. If you have any questions about these terms, please discuss them with the person handling your matter.
2. Confidentiality
We will maintain strict confidentiality regarding all information acquired through our work for you that concerns you, your business, or your instructions. The only exceptions are:
Similarly, we cannot disclose to you any confidential information obtained through acting for other clients.
Confidential information will be shared within our firm only with personnel who need access to it to carry out your instructions. If we are legally required to disclose information about you or any associated person, we may be prohibited from informing you of such disclosure.
3. Conflicts of Interest
We have policies in place to identify and manage conflicts of interest. If a conflict arises, we will discuss how best to resolve it with you. Given the relatively small legal and commercial market in New Zealand, we may act for clients with interests differing from yours. However, we will not act for another client if:
Where we no longer act for you but hold confidential information, we will implement effective information barriers to ensure no material risk of disadvantage to you.
4. Duty of Care
Our duty of care is to you as our client. We owe no duty of care or liability to any third party. If any other person wishes to rely on our advice, they may do so only with our express agreement. If we provide services to entities associated with you, these services will be provided on the same terms as these standard terms, and you must ensure those entities agree to these terms.
5. Fees
Our fees will be fair and reasonable, considering:
For time-based invoicing, our hourly rates are reviewed annually on 1 December. We typically issue interim invoices monthly. Each invoice includes an office service charge of $120.00 (inclusive of GST) to cover routine administrative costs such as photocopying, printing, phone calls and document handling.
Invoices are payable within 7 days of issue. If payment is overdue, we may suspend work until the account is settled. You are responsible for any costs incurred in recovering overdue payments.
Invoices are payable in New Zealand dollars unless otherwise agreed. If we agree to bill another party on your behalf, you remain liable if they do not pay. We may deduct our fees from any funds held in our trust account for you. An administration fee of up to 5% may be charged on interest earned on funds held on interest-bearing deposit.
6. Estimates, Quotations, and Rates
Any estimate or quotation is based on the following assumptions:
Unless specified otherwise in writing, estimates and quotations exclude GST, disbursements, and the office service charge.
7. Anti-Money Laundering and Compliance
Under the AML/CFT Act, we must conduct due diligence on you and associated persons, which may include beneficial owners and persons with effective control. By engaging us, you agree to assist us in meeting these obligations and acknowledge that we may conduct reasonable inquiries for compliance purposes.
8. Foreign Law Matters
We are qualified to advise on New Zealand law only. If we assist with foreign law matters, we do so without accepting liability for your legal position under that jurisdiction.
9. Electronic Communication
We take reasonable precautions to ensure electronic communications and services are accurate, secure, and confidential. However, given the nature of internet-based communications, we cannot guarantee they will always be error-free, secure, or confidential.
10. Document Retention and Destruction
We retain files for ten years after the conclusion of a matter, after which they may be destroyed. If you require alternative arrangements, please notify us in advance.
If you retrieve your files, we may retain copies.
11. Termination
You may terminate our engagement at any time, except where we have relied on your instructions (e.g., given an undertaking to a third party). We may terminate our engagement on reasonable notice.
Your instructions will be deemed concluded:
If our engagement ends, these terms continue to apply. Upon full payment of outstanding invoices, we will provide requested documents obtained or created in connection with your matter.
12. Limitation of Liability
You may not bring any claim against us more than 12 months after the act or omission upon which the claim is based. The "late knowledge" provisions of the Limitation Act 2010 do not apply.
Our aggregate liability (whether in contract, tort, equity, or otherwise) in connection with our services is limited to the amount payable under our Professional Indemnity Insurance.
13. Professional Indemnity Insurance
We hold professional indemnity insurance meeting or exceeding the New Zealand Law Society’s minimum standards. Details are available upon request.
14. Lawyers’ Fidelity Fund
The New Zealand Law Society maintains a Fidelity Fund that compensates clients for theft by lawyers. The maximum compensation available is NZ$100,000. This fund does not cover money a lawyer is instructed to invest on your behalf.
15. Complaints Procedure
We are committed to resolving complaints promptly and fairly. If you have a complaint about our services or fees:
If your complaint is not resolved, you may contact the New Zealand Law Society’s Complaints Service at 0800 261 801.
