Terms of Engagement
General
These Terms of Engagement (Terms) apply to all services provided by Mayhaka Mendis Law. You will accept these Terms by instructing us to work for you.
We are entitled to change these Terms from time to time, in which case we will send you amended Terms.
The services we are to provide for you are outlined in our letter of engagement along with any further instructions that you provide to us in writing (or that we record in writing).
Our relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction.
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.
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, including for example any directors, shareholders, associated companies, employees or family members unless we expressly agree in writing. 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.
We do not accept any responsibility or liability whatsoever to any third parties who may be affected by our performance of the services we provide you or who may rely on any advice we give, except as expressly agreed by us in writing.
Our advice is opinion only, based on the facts known to us and on our professional judgement, and is subject to any changes in the law after the date on which the advice is given. We are not liable for errors in, or omissions from, any information provided by third parties.
Our advice relates only to each particular matter in respect of which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters.
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.
The basis upon which we will charge our fees will be set out in our engagement letter.
We will send interim invoices to you, usually monthly, and on completion of the matter, or termination of our engagement. We may send you invoices more frequently when we incur a significant expense or undertake a significant amount of work over a shorter period of time.
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, 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 have arranged 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.
Intellectual Property
We retain all ownership rights in all intellectual property of any kind created by us for you. You must not reproduce our intellectual property or provide it to a third party without our express consent. However, once our fees are paid, you are welcome to use the documents for their intended purposes.
Artificial Intelligence
We may use Artificial Intelligence (AI) tools to assist with the delivery of our services to you, including assistance with legal research and legal drafting. The use of these tools will not replace our professional judgment. We remain fully responsible for the quality, accuracy and integrity of the legal advice we provide.
We will not upload your personal or confidential information to AI systems or third party platforms or use technology in a manner that compromises your privacy or breaches our professional obligations.
Termination
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 which meets the minimum standards set by the Law Society. We can provide you with particulars of the minimum standards upon request.
We also hold Cyber insurance.
The Lawyers Fidelity Fund does not provide any cover in relation to the legal services provided by us, because we do not hold client funds.
Limitation of Liability
To the extent permitted by law, our total aggregate liability to you (or any other persons) in connection with any matter (or series of related matters) on which you engage us is limited to the amount paid out for that liability under any relevant insurance held by us, up to a maximum of NZ$1,200,000 (including interest and costs).
This limitation applies to liability of all kinds, whether in contract, tort (including negligence), equity, under statute, or otherwise.
We will not be liable for any indirect or consequential loss or damage arising out of your engagement with us.
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 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 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 mayhaka@mayhakamendislaw.com for further information.