Engaging Our Services
The information below sets what to expect when you engage Dawson & Associates’ services.
A full copy of our standard Terms of Engagement can be accessed here.
We are required to provide you with information under the Rules of Conduct and Client Care for Lawyers issued by the New Zealand Law Society (Law Society). Our Information for Clients can be accessed here.
Our role in acting for you
It is our role to provide you with legal services that you request, as agreed on. After conducting an initial discussion with you, we will send you our New Instruction Letter which sets out the services we will be providing, who has responsibility for your matter, and the basis on which fees will be charged. If this letter does not reflect your instructions you should contact us immediately.
We will also send you our standard Terms of Engagement and will ask you to confirm acceptance of our Terms by signing and returning a signature page to us. If we do not receive this from you, we assume that you have read and accepted the terms, and are engaging us to act for you.
Conflicts of interest
We have procedures in place to identify and respond to conflicts of interest. We will let you know if a conflict of interest arises.
Duty of care
Our duty of care is to you and not to any other person. We do not owe a duty of care to anyone else. Before any other person may rely on our advice, we must expressly agree to this.
Our advice
The legal opinions that we provide to you are an expression of our professional judgment. They are not guarantees.
Client care and services
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 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.
- Let you know how to make a complaint and deal with any complaint promptly and fairly.
Who is responsible for your work?
The lawyer who will have overall responsibility for the legal services we provide you will be set out in our New Instruction Letter.
Confidentiality
We will keep confidential all information about your or your affairs acquired during the course of acting for you. This information will not be disclosed to any other person except:
- Where necessary or desirable to enable us to carry out your instructions; or
- Where required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.
Your confidential information, as far as practicable, will only be made available to those within our firm who provide legal services for you.
We will not disclose any confidential information relating to any other client.
We will abide by the information privacy rules set out in the Privacy Act 1993.
How are our fees calculated?
Our fee arrangements
Our lawyers charge on an hourly rate basis. These rates may change depending on the complexity of the matter. Any difference in hourly rates between our legal team reflects their experience and level of specialisation.
We are open to flat fee and contingency arrangements, and are happy to discuss this with you. We would agree any arrangements with you in writing at the start of your matter.
Estimates
If you would like us to provide you with an estimate of fees for your matter, we will do this prior to commencing work. This will be a guide rather than a fixed quote.
If your matter looks likely to exceed our initial estimate, we will give you a clear indication of expected additional cost.
Other charges
We won’t charge for general office expenses or small items (e.g. phone calls, photocopying or postage) unless they are disproportionate to the matter, in which case we do reserve the right to recover the actual cost of these items from you.
We will charge for larger items (e.g. accommodation, travel and court fees) but will discuss these potential costs with you prior to commencing any activities on your behalf.
If you are a New Zealand resident or entity our invoices will include any New Zealand Goods and Services Tax (GST) applicable to the services we supply to you.
Trust account
We maintain a trust account for all funds received from our clients (except monies received for payment of our invoices). Significant funds held on your behalf will normally be lodged on an interest bearing deposit with a bank. We reserve the right to charge an administration fee for handling these funds.
If we hold trust funds on your behalf, we will require specific written instructions from you prior to disbursing or otherwise dealing with these funds.
How do we bill you?
It is our general practice to issue itemised monthly invoices and statements. These are payable on receipt. All fees must be paid in New Zealand dollars unless agreed otherwise.
For any invoices that are unpaid after 30 days of the invoice date, we reserve the right to charge interest at the rate of 2% per month. Where invoices remain unpaid for longer than 60 days from date of invoice, interest will be charged.
Where there is an arrangement made to send an invoice to another person appointed by you, and that person fails to pay the invoice, you remain liable to pay that invoice.
If we do not receive payment of our fees from you, you will be held responsible for any reasonable debt collection and all legal costs and disbursements that we incur in the debt collection process. We also reserve the right to suspend all work and to retain your file until we receive the due payment.
If we are holding funds on your behalf in our trust account and have provided you with an invoice, we may deduct expenses or disbursements from these funds.
Payment in advance
If we require a retainer in advance to cover fees and disbursements, the retainer must be paid into our trust account. After invoicing you we then deduct the required amounts as they become due.
We may require further retainers as and when necessary.
Termination
You may terminate our engagement at any time, under any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers.
If our engagement is terminated you must pay us all fees due and expenses incurred up to the date of termination.
What do we do with your files and documents?
Subject to any legal requirement we will retain your file and documents for a minimum of 7 years after the matter has been concluded. We may hold the file electronically rather than physically, whereafter we may destroy the file without further instructions from you or communication to you.
We will return all original agreements to you.
Please let us know in writing if you wish to keep your file or part of your file, before your matter has been finalised.
Complaints
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.
The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service. To do so, phone 0800 261 801 and you will be connected to the nearest Complaints Service Office, which can provide information and advice about making a complaint.
Feedback
We wish to meet your expectations wherever possible, and appreciate any feedback, whether good or bad.
Please contact Peter Dawson if you have any comments about our services.
