CLIENT CARE INFORMATION
Effective from 1 April 2023
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”).
1. Fees:
The basis on which fees will be charged and when payment of fees is to be made is set out in our Standard Terms of Engagement.
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.
2. Professional Indemnity Insurance:
Our professional indemnity insurance is $3,000,000.00, cover for any one claim, with one automatic re-instatement of $3,000,000.00. The excess is below 2% of the indemnity limit.
3. 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 & Conveyances 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.
4. Complaints:
We maintain a procedure for handling any complaints by clients, designed to ensure that the 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 the person’s response to your complaint, you may refer your complaint to Mr David Nielsen.
He may be contacted as follows:
(a) by letter at PO Box 1108, Hamilton 3240;
(b) by email at david@nielsenlaw.co.nz;
(c) by telephone at (07) 838 9949;
(d) by facsimile at (07) 838 1661.
If you are not satisfied with the way we have dealt with your complaint the New Zealand Law Society has a complaints service to which you may refer the issue. You can call the 0800
number for guidance, lodge a concern or make a formal complaint. Matters may be directed to:
Lawyers Complaint Service of the Society:
(a) Lawyers Complaints Service, PO Box 5041, Wellington 6140, New Zealand
(b) Phone: 0800 261 801
To lodge a concern:
(c) https://www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form
To make a formal complaint
(d) https://www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint
(e) Email: complaints@lawsociety.org.nz
5. Persons Responsible for the Work:
The names and status of the person or persons who will have the general carriage of or overall responsibility for the services we provide for you are set out in our letter of engagement.
6. 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:
(a) Act competently, in a timely way, and in accordance with instructions received and arrangements made;
(b) Protect and promote your interests and act for you free from compromising influences or loyalties;
(c) Discuss with you your objectives and how they should best be achieved;
(d) Provide you with information about the work to be done, who will do it and the way the services will be provided;
(e) Charge you a fee that is fair and reasonable and let you know how and when you will be billed;
(f) Give you clear information and advice;
(g) Protect your privacy and ensure appropriate confidentiality;
(h) Treat you fairly, respectfully and without discrimination;
(i) Keep you informed about the work being done and advise you when it is completed; and
(j) 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 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.