Terms of Engagement

These Terms of Engagement (TOEs) apply to all services provided by Peter Bennett, Commercial Barrister (operating as Bennett Law) except where I otherwise agree with you in writing. They apply to any current instruction, and to any future instruction, whether or not we send you another copy of them. There is no need for you to sign these terms of engagement in order to accept them; you will accept these terms of engagement by continuing to instruct us to work for you.

In these TOEs, “I”, “we”, “our” and similar terms refer to Peter Bennett, Commercial Barrister (operating as Bennett Law). “You”, and derivative terms such as “your”, mean or refer to our client. Where you are a company or other corporate or unincorporated entity, we act only for you. We do not act for your shareholders, directors or members, unless we expressly agree otherwise.

Confidentiality

We will hold in strict confidence all information that we acquire through our work for you, and which concerns your business or your instructions to us. The only exceptions are where you authorise us to disclose such information or where we must do so by law. Conversely we are not able to and will not disclose to you information that we obtain through acting for other clients.

Conflicts of interest

We will endeavour to identify, and respond expeditiously to, any conflicts of interest. If a conflict of interest or potential conflict of interest arises, we will consult with you about the best way to resolve the matter.

We may act for other clients whose commercial or legal interests differ from yours. However, we will not act without your consent for any other client where that client’s instructions:

are substantially related to any active matter on which we are working for you; or
involve confidential information which we hold on your behalf that would disadvantage you if disclosed to the other client.

Our duty of care

Our duty of care is to our client named in our confirmation of instruction. We do not owe any duty of care or liability to any other person. If any person wishes to rely on our advice, they can do so only if we expressly agree. If, during the course of our appointment, we provide services to entities related to or associated with you, then these services will be provided on the same terms as these standard terms.

Our fees

Please discuss with us at the earliest opportunity the outcomes that you seek, the context in which you are working and the nature and level of legal involvement that you require. We will establish with you an hourly rate fee, or alternative fee basis, reflecting the circumstances of the matter. The time and resources involved will be important factors, and we may also take into account the results achieved and the urgency, level of skill, complexity, responsibility and specialist knowledge involved.

We will send interim invoices to you, usually monthly.

Our invoices are payable by the 20th of the month following the month of the invoice. Where we do not receive payment by that date, we may charge you interest at the rate of 3% per annum above our banker’s usual lending rate.

Our fee will include (and we will not separately charge to cover) the cost of routine minor copying, telephone, fax and similar office expenses. Travel expenses, filing fees and agency charges and similar, and any significant printing, courier, and similar expenses, will be separately charged as disbursement items.

Our invoices will include any New Zealand Goods and Services Tax (GST) applicable to our supply of services to you.

All invoiced amounts are payable in New Zealand dollars, unless we agree otherwise.

Where we havearranged or agreed with you that we will address the invoice to another person (e.g. who may have an arrangement with you to meet the payment), you will remain responsible for payment and will pay that invoice if that other person does not.

Electronic services and communication

Where we provide any electronic service to you, or communicate with you by electronic means, we will take every reasonable precaution to ensure that those services and communications are accurate, reliable, adequate, complete, confidential and secure.

However, we cannot always be certain that those services and communications are error free. Also, because they will in most cases be Internet‑based, certain risks exist that are outside our control. Consequently, despite the other provisions of these terms, we cannot and do not represent or warrant that those services and communications will always be accurate, reliable, adequate, complete, confidential and secure. We also exclude all warranties to the extent permitted by law.

Document destruction

Subject to any legal requirement, we will retain the file that we create for your work on any one matter for a minimum of seven years after we finish working for you on that matter. We may hold that file electronically rather than physically. After that time we may destroy that file without contacting you.

If you wish to retain all or part of the paper file (where we have held one), please advise us in writing before the matter is completed.

Termination

Where you give us any instruction and we rely on that instruction (for example, by giving an undertaking to a third party), you may not revoke that instruction. Otherwise, you may end our engagement at any time on any matter or matters on giving a reasonable period of notice to us. Likewise we may, on reasonable notice to you, end our engagement at any time.

Provided that you have paid all of our invoices on all matters, we will (on request) provide to you all the documents that we have obtained or created through working for you on the matter or matters in question. Before we provide those documents to you, we may take a complete copy of them.

If our engagement is terminated, these terms continue to apply in respect of your instructions.

Complaints

If you have a complaint about our services or charges, please talk to us. We will deal with complaints promptly and fairly. We may consider it appropriate to offer to refer your complaint to a suitably qualified independent lawyer for review, as one method of assessment and resolution.

If you do not wish to talk to us about your complaint, or you are not happy with our response to your complaint, you may contact the Lawyers Complaints Service operated by the New Zealand Law Society by phoning 0800 261 801 to be connected to the nearest Complaints Service Office.

Professional indemnity insurance

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

The Lawyers Fidelity Fund does not provide any cover in relation to the legal services provided by me, because (as a barrister sole) I do not hold client funds.

General

We can change these terms of engagement, in which case we will send amended terms of engagement to you.

Any dispute concerning these terms of engagement, or our work for you, is to be resolved in the New Zealand courts under New Zealand law.

Client Care and Service Information

Whatever legal services we are providing to you (our client), we must:

act competently, in a timely way, and in accordance with instructions received from you and arrangements made with you;
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; and
let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Rules. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

If you have any questions please either discuss them with us or contact the New Zealand Law Society at www.lawsociety.org.nz, or on 0800 261 801.

Contact peter@bennettlaw.co.nz for further information.