Scope of Services and Fees

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1. I will directly discuss and agree with you the scope of services to be provided, and their costs, on an ongoing basis as the matter develops.

 

Costs of My Services

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2. Lawyers’ fees are charged on the basis of reasonable fee factors as prescribed in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.

3. The factors taken into account in determining a fee include the following:

3.1 the time and labour expended;

3.2 the skill, specialised knowledge, and responsibility required to perform the services properly;

3.3 the importance of the matter to the client and the results achieved;

3.4 the urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client;

3.5 the degree of risk assumed by the lawyer in undertaking the services, including the amount or value of any property involved;

3.6 the complexity of the matter and the difficulty or novelty of the questions involved;

3.7 the experience, reputation, and ability of the lawyer;

3.8 the possibility that the acceptance of the particular retainer will preclude engagement of the lawyer by other clients;

3.9 whether the fee is fixed or conditional (whether in litigation or otherwise);

3.10 any quote or estimate of fees given by the lawyer;

3.11 any fee agreement (including a conditional fee agreement) entered into between the lawyer and client;

3.12 the reasonable costs of running a practice;

3.13 the fee customarily charged in the market and locality for similar legal services.

4. My hourly rate will be advised to you with costs advice. Fees are not always charged however simply on a time spent basis. Time may be written off where it is uneconomical to the client to bill all time. In other matters fees may be increased above time on the basis of the above factors.

5. I will invoice you monthly for my services or at any other time after an expense has been incurred.

6. You will not be charged for general office expenses unless significant disbursements are incurred (for instance large document volumes for court proceedings, urgent or large couriers etc.)

You will be charged for other out of pocket disbursements, such as court filing fees and travel costs (mileage at then current IRD rates, air tickets, accommodation for appearances outside of Christchurch/Dunedin). Air tickets will usually be purchased on a fully flexi basis to enable flexibility due to the uncertainty of court proceedings.

7. Invoices will record a narration of some of the main points of work undertaken but will not be exhaustive nor include time breakdowns for specific tasks. An anonymised invoice can be sent with a separate narration if you require discretion.

8. I reserve the right to cease work if an invoice remains unpaid.

9. I may ask you to pre-pay amounts, or to provide security for fees and expenses.

10. Invoices are payable within 14 days of their date, unless you have made alternative arrangement with me. I may require interest to be paid on any amount which is more that fourteen (14) days overdue. Interest will be calculated at the rate of 14% per annum, calculated at a daily rate, on any overdue invoices from the date payment became due. If the invoice is not paid within thirty (30) days after the due date, any costs of collection of the payment will also be payable by you. This clause is intended to be for the benefit of, and enforceable by, my debt collection agency under the Contracts (Privity) Act.

11. Although you may expect to be reimbursed by a third party for fees and expenses, and although my invoices may at your request or with your approval be directed to a third party, you remain responsible for payment to me, if the third party fails to pay me.

 

Client Care and Service Information

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12. All lawyers are required to provide you with the following information in advance:

13. 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 be best achieved;

(d) Charge you a fee that is fair and reasonable and let you know how and when you will be billed;

(e) Give you clear information and advice;

(f) Protect your privacy and ensure appropriate confidentiality;

(g) Treat you fairly, respectfully, and without discriminations;

(h) Keep you informed about the work being done and advise you when it is completed;

(i) Let you know how to make a complaint and deal with any complaint promptly and fairly;

(j) The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyer (“Rules”). Those obligations are subject to overriding duties, including duties to the courts and to the justice system.

 

Communication

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14. I will obtain your contact details from you and check the most appropriate form of communication i.e. whether by telephone, email or letter. You must advise me if any of your contact details change.

15. I will report to you periodically (in the agreed manner) on the progress of your file and inform you of any delays, significant changes or complications in the work being undertaken. You can request a progress report at any time.

 

Limits of My Service

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16. My services will not include investment, financial or tax advice. Any other limitations on my services will be as set out from time to time in correspondence to you.

 

Insurance

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17. I hold professional indemnity insurance that meets the minimum standards prescribed by the New Zealand Law Society.

 

Lawyers Fidelity Fund

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18. The Lawyers Fidelity Fund does not provide any cover in relation to a barrister sole as barristers do not hold client funds.

 

Conflicts of Interest

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19. I have procedures in place to identify and respond to conflict of interest. If a conflict of interest arises I will advise you of this and follow the requirements and procedures set out in the New Zealand Law Society’s Rules of Conduct and

Client Care for Lawyers.

 

Privacy and Confidentiality

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20. I will hold in confidence all information related to you affairs which I acquire in the course of acting for you. I will not disclose any of this information except:

20.1 to the extent necessary or desirable to enable us to carry out your instructions; or

20.2 to the extent required by law or by the New Zealand Law Society’s Rules of Conduct and Client Care for Lawyers.

 

Files and Documents

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21. Unless you instruct me otherwise, you authorise me to destroy all files and documents for this matter 7 years after our engagement ends. I may return documents to you (in hard or electronic form) rather than retain them. If I choose to do this it will be at my expense.

22. You are welcome to uplift your file. Please provide me with reasonable notice before collecting your file should you wish to do so.

 

Complaints

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23. Client satisfaction is one of my primary objectives and feedback from clients on my performance is welcomed. I encourage you to raise any issues with me. In the majority of cases any issues are usually borne out of a lapse in communication which can be resolved easily by both parties satisfaction. However is we are unable to resolve an issue, I will with your consent refer it to another lawyer (at no cost) to give their views to you.

24. If you wish to make a formal complaint at any stage this should be addressed to the New Zealand Law Society Lawyers Complaints Service. They can be contacted on 0800 261 801 or www.lawsociety.org.nz.

 

Termination of Retainer

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25. You may terminate by retainer at any time and instruct a new lawyer.

26. I may terminate your retainer in any of the circumstances set out in the New Zealand Law Society’s Rules of Conduct and Client Care for Lawyers.

 

Direct Instructions to a Barrister

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27. Until recently a barrister was usually asked to act for a client (“instructed”) by a solicitor (lawyer in a law firm). This is generally known as an “instructing solicitor”.

28. Recently, these requirements have changed and barristers are now able to receive direct instructions from a client in a number of areas i.e. without the involvement of an instructing solicitor.

29. Before receiving your instructions directly I am required by our rules to advise you of my capacity in the area you have asked me to work in, my general advocacy experience, and whether there is any disadvantage to you in not using an instructing solicitor. The purpose of providing you with this information is because there is no instructing solicitor to discuss your choice of barrister with.

30. I have been acting in family and civil cases for more than 10 years. I have conducted cases as lead counsel in:

30.1 The District Court;

30.2 The Family Court;

30.3 The High Court;

30.4 Employment Authority;

30.5 Mediations;

30.6 Arbitrations; and

30.7 Although I am not currently taking on any legal aid work I hold lead provider status for Family Law, Criminal and Civil Law.

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Disadvantage

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31. I do not discern any disadvantage to you in not using an instructing solicitor. If I consider any issues arise which require the use of a solicitors firm I will advise you of this. Such issues might be for instance where large discovery of documents is required or funds are required to be held in a solicitors trust account.

 

General

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32. These Terms apply to any current engagement and also to any future engagement. I am entitled to change the Terms from time to time, in which case I will advise you of the updated terms.

 

 

I look forward to working with you.

 

Yours faithfully

 

Jannah Stringer

Barrister