Terms of Trade: Canterbury Legal - Christchurch Lawyers

1. Acceptance:
Thank you for instructing NZ Legal Limited trading as Canterbury Legal (“we” or “us”), to act for you. We will provide the legal services you instruct us on, on these terms. By continuing to instruct us after receiving these terms, you accept them.

2. Financial
2.1 Fees
a. Our fees reflect the time spent, the skill and knowledge required, the value and complexity of the matter, the result achieved, and any urgency.
b. If our engagement letter sets a fixed fee, that fee applies to the agreed scope of work. If further work becomes necessary outside that scope, we will tell you as soon as reasonably practicable and, if you ask, give you an estimate of the extra cost.
2.2 Disbursements and Expenses
We may incur disbursements or make payments to third parties on your behalf. These are included in your invoice when incurred. We may ask you to pay some of these costs in advance. We charge a service fee for general office services.
2.3 GST (if any)
Is payable by you on our fees and charges.
2.4 Invoices
a. We will send interim invoices, usually monthly and when the matter is complete or our engagement ends. We may also invoice you when we incur a significant expense.
b. We may assign our invoices to third parties, including by discounting or factoring.
2.5 Payment and Overdue Accounts
a. Invoices are payable within 7 days of the invoice date, unless we agree otherwise with you.
b. Interest applies to any amount unpaid after the invoice date, at 2% per month, compounded monthly, from the due date until paid. Charging interest does not limit our other legal remedies.
c. We may stop working on your behalf if your account is overdue.
2.6 Security and Payment by Deduction
a. Notwithstanding the above, we may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:
i) To debit any amount you have pre-paid to us; and 
ii) To deduct from any funds we hold for you in trust any fees,       expenses or disbursements we have invoiced.
b. You agree that we may secure any overdue invoices and interest against your property. You charge all such property to us and grant us a security interest in it. We may lodge and maintain a caveat over any real property you hold, alone or jointly, and register a financing statement on the Personal Property Securities Register. You waive your right to receive a copy of the verification statement for that registration.
c. Where we request any prepayment, we can stop working on your matter, including any conveyancing transaction, until that prepayment is made. 
2.7 Third Parties
Even if you expect a third party to reimburse our fees, or our invoices are sent to a third party at your request or with your approval, you remain responsible for payment if the third party fails to pay us.
2.8 Recovery of Fees and Expenses
If we need to take action to recover unpaid fees, disbursements or expenses, we may use your private information (as defined in the Privacy Act 1993) to the extent necessary to do so. You are also liable for the costs of recovery, including debt collection and legal fees.
2.9 JustFunding for Relationship Property and Estate Matters
Our firm has partnered with JustFund to provide funding options for qualifying Relationship Property and Estate Matters. JustFund can provide financial assistance in the form of a loan to pay legal fees, and repayment is only required once the matter reaches settlement. 

3. Confidentiality
3.1 We will keep confidential all information about you or your affairs that we learn while acting for you. We will not disclose this to anyone except:
a. To the extent necessary to carry out your instructions; or
b. As required by law or the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“LCR”).
3.2 We share your confidential information only with those in our firm who are working on your matter.
3.3 We cannot share with you confidential information we hold about another client.

4. Termination
4.1 You may terminate our retainer at any time.
4.2 We may terminate our retainer in any of the circumstances set out in the LCR.
4.3 If our retainer is terminated, you must pay all fees and expenses due up to the date of termination.

5. Retention of Files and Documents
You authorise us (without further reference to you) to destroy all files and documents for this matter, including electronic copies (other than documents we hold in safe custody for you), 6 years after the matter is complete — or sooner for paper files and documents we have already converted to electronic form.

6. Conflicts of Interest
We have procedures to identify and manage conflicts of interest. If a conflict arises, we will tell you and follow the process set out in the LCR.
7. Duty of Care
Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.

8. No Financial Advice
We can advise you on the legal issues of buying or selling property, but not on the financial wisdom of the transaction or the investment quality of the property. We recommend you seek independent financial advice on those aspects.

9. Trust Account
We hold client funds, other than money received for payment of our invoices, in a trust account. If we hold significant funds on your behalf, we will normally place them on interest-bearing deposit with a bank, and may charge an administration fee of 6% of the interest earned.

10. Production of Documents and Information
If we are lawfully required to provide documents or information to any authority, we may charge you fees and disbursements for that work. You authorise us to provide your information to comply with the Foreign Account Tax Compliance Act, or as required under Section 17 of the Tax Administration Act 1994.

11. Companies/Trusts
Instructions to us on behalf of a company or trust may be given by one director/trustee or a duly authorised person.
Any instructing director/trustee or other duly authorised person is jointly liable with the company/trust for our fees and disbursements.

12. Credit Check
You authorise us to make reasonable, confidential credit enquiries about you from an appropriate information provider.

13. AML / CFT Compliance
13.1 Since 1 July 2018, all New Zealand lawyers must comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“AML/CFT”).
13.2 This requires us to collect and verify information about our clients, including identity, address and, in some cases, source of wealth and source of funds. We must also report suspicious activity to the appropriate authority.
13.3 Before we can start work for a new client, we must complete client due diligence (“CDD”), which includes collecting and verifying identity, address and business structure information. What is required depends on whether the client is an individual, partnership, company, public entity, estate or trust, and includes identifying beneficial owners and anyone acting on the client’s behalf.
13.4 Where a new instruction from an existing client specifically involves an activity covered by the Act, we must complete CDD before we can start work.
13.5 To help us complete CDD, you confirm that you will allow us to have your personal information verified against personal information held by third-party databases, and you consent to this.

14. AI Use
14.1 We use AI responsibly in line with Law Society Rules and have privacy safeguards in place. While providing our legal services to you, we may use generative AI tools and technology to assist with aspects of legal research, document review, document drafting and other legal tasks. We recognise the inherent limitations of generative AI tools. While AI can enhance our work, it is not a substitute for our independent expertise and professional judgement.

15. Limitation of liability
15.1 Any claim you have against us must be filed within two years after the date of the act or omission on which the claim is based. Otherwise, the claim cannot be filed and, to the extent permitted by law, we will have no liability for that act or omission or its consequences.
15.2 In these Terms, “claim” and “the date of the act or omission on which the claim is based” have the same meanings as in the Limitation Act 2010. This time limit overrides the time periods under that Act, and applies regardless of when any fact relevant to the claim was first discovered or able to be discovered.
15.3 To the extent permitted by law, our aggregate liability to you (whether in contract, equity, tort or otherwise) arising out of your engagement of us on a matter, or any series of related matters, will not exceed the amount set by the New Zealand Law Society as the minimum standard for the indemnity limit on our professional indemnity insurance.
15.4 We are not liable for any loss caused or contributed to by inaccurate or incomplete information supplied by you or third parties (including public records and expert witnesses), or because you did not receive or read a communication we sent you.
15.5 We will not be liable for any delays or failures in performing our services caused by events beyond our reasonable control, including acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, pandemics, interruptions or malfunction of computer facilities, loss of data due to power failures or mechanical difficulties, or labour difficulties or civil unrest, whether a prime or contributory cause. Even so, we will make a best endeavours effort to perform our obligations.

16. General
16.1 These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
16.2 These Terms will be deemed to be modified to the extent necessary to comply with the LCR in force from time to time.
16.3 We are entitled to change these Terms from time to time, in which case we will send you amended Terms or make the amended Terms available on our website.
16.4 Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
16.5 You may not transfer or assign your rights or obligations under these Terms or in relation to any engagement of us on any matter.
 

INFORMATION FOR CLIENTS
 
1. Fees
See above for how our fees are calculated and when they are payable.

2. Professional Indemnity Insurance
We hold professional indemnity insurance. Details are available on request.

3. Lawyers’ Fidelity Fund
The Law Society’s Fidelity Fund protects clients against pecuniary loss arising from theft by lawyers. The maximum amount payable to an individual claimant is $100,000.00. Except in certain circumstances specified in the Lawyers and Conveyancers Act 2006, the Fidelity Fund does not cover a client for loss relating to money a lawyer is instructed to invest on the client’s behalf.

4. Complaints
We maintain a procedure for handling complaints, designed to ensure they are dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer it to the person in our firm who has overall responsibility for your work. If you would rather not, or are not satisfied with their response, you may contact Sue Cousins:
• by letter;
• by email at admin@canterburylegal.co.nz; or
• by telephoning her at 03 377 0792

Alternatively, 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.

5. Persons Responsible for the Work
The name and status of the person or persons with overall responsibility for the services we provide to you are set out in our letter of engagement.

6. Client Care and Service
The Law Society client care and service information follows.

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

7. Limitations on extent of our Obligations or Liability
Any limitations on the extent of our obligations to you, or any limitation or exclusion of liability, are set out in our letter of engagement or terms of engagement.
The name and status of the person or persons with overall responsibility for the services we provide to you are set out in our letter of engagement.
 
If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.