Terms of Engagement
& Client Care
- How these terms apply
These Terms of Engagement (“Terms”) set the basis of our professional relationship and apply to your current matter and to any future matters unless we agree in writing to vary them.We may update these Terms from time to time and will publish the latest version on our website. The latest Terms will apply if you continue to instruct us. New Zealand law governs our relationship, and the New Zealand courts have exclusive jurisdiction.
- Client care and service
We will act competently, promptly, and in accordance with arrangements made; protect and promote your interests; discuss your objectives; tell you what work will be done, who will do it, and how services will be provided; charge a fair and reasonable fee; give clear information and advice; protect your privacy; treat you fairly and respectfully; and keep you informed. - Scope of our services
We will advise you on the legal matters described in your Letter of Engagement, together with any further written instructions you give. We provide advice only on New Zealand law. - Duty of care and independence
Our duty of care is to you alone. No other person may rely on our advice without our prior written consent.Our advice is an opinion based on facts known to us and our professional judgement and may be affected by changes in the law after the advice is given.Our advice only covers the specific matter you have asked us to work on. Once that matter is finished, we are not responsible for any related issues or new matters unless you separately ask us to act on those as well.
We rely on information and documents provided by you and by third parties when advising you. We are not liable for errors in, or omissions from, any information provided by third parties, or for loss resulting from information provided by you that is incomplete or inaccurate, except to the extent caused by our failure to exercise reasonable care.
- Fees, estimates, and disbursements
Our fee basis (hourly rates and/or fixed fees) will be set out in your Letter of Engagement. If a fixed fee is agreed, it covers the agreed scope. Work outside the agreed scope is charged at hourly rates; we’ll notify you promptly if the scope changes and, if requested, provide a cost estimate. Disbursements eg registration fees, and third-party expenses will be invoiced to you and may be requested in advance. GST will be added to our fees and disbursements. - Third party providers
We may engage third parties, including barristers sole, experts, agents, or overseas counsel, where necessary to carry out your instructions. We are not responsible for the advice or services provided by those third parties. You are responsible for their fees and expenses, whether invoiced directly to you or through us. - Invoicing, payment, and default
We may issue interim invoices (usually monthly) and a final invoice on completion or termination of the engagement. Invoices are payable within 7 days of the invoice date unless we agree otherwise.If you experience payment difficulties, please contact us promptly to discuss arrangements. If an invoice remains unpaid after the due date, we may suspend work, require payment of fees in advance before continuing, and charge interest on the overdue amount at the BNZ Business Base Rate plus 2% per annum, calculated daily until payment is made.
- Trust account and client funds
At present, we do not operate a trust account. Any fees invoiced in advance are payments on account and must be paid directly to us. Disbursements are either invoiced directly to you by the relevant third party or invoiced by us for on-payment.Until we notify you in writing that we operate a trust account, we cannot receive, hold, or disburse client funds for settlements or transactions. If your matter requires this, we will discuss alternative arrangements with you, which may include instructing another law firm.
- Confidentiality, privacy, and communications
We keep information about you and your affairs confidential and disclose it only as necessary to carry out your instructions or as required by law. We comply with the Privacy Act 2020. We frequently use email and other electronic means and take reasonable steps to keep communications secure, but risks outside our control exist.We may rely on instructions received from you by email or other electronic means and may treat those instructions as authorised. We may also accept electronic signatures. We are not responsible for any loss arising from unauthorised or fraudulent instructions unless caused by our negligence.
- Compliance (AML/CFT, tax reporting, and other laws)
We must comply with applicable laws, including Anti-Money Laundering and Countering Financing of Terrorism laws and certain tax/client reporting obligations. We may need to complete customer due diligence before or during your matter. We may not be able to begin acting, or to continue acting for you, until that is completed. - Conflicts of interest
We have procedures to identify and manage actual or potential conflicts. If a conflict arises, we will consult you on how best to proceed; we may need to cease acting in a matter. - Documents, records, and intellectual property
We retain electronic files for each matter. Once your matter is closed, we will retain the electronic file for 7 years before deleting it without further notice to you.We own the intellectual property in work we create; subject to payment, you receive a non-exclusive licence to use documents for the purposes for which they were provided.
- Insurance & limitation of liability
We hold professional indemnity insurance in accordance with the minimum standards set by the New Zealand Law Society. We also maintain cyber insurance as an additional risk management measure.To the extent permitted by law, our aggregate liability to you in connection with any matter is limited to $1,200,000 per claim and $3,600,000 in the aggregate, being the current limits of our professional indemnity insurance.
- Lawyers’ Fidelity Fund
The Lawyers Fidelity Fund provides protection against theft by lawyers. The Fund does not cover losses arising from professional negligence. Further information about the Lawyers Fidelity Fund is available on the New Zealand Law Society website. - Ending the engagement
You may end our engagement at any time, except where we have already acted on your instructions. We may terminate as permitted by the NZLS Rules. If the engagement ends, these Terms continue to apply, and you must pay all fees and disbursements incurred to that point. - Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect. - Feedback and complaints
If you are not satisfied with the service you have received, please raise your concerns with us and we will respond promptly and fairly.Contact Kelleher Legal
admin@kelleherlegal.co.nzIf you are not satisfied with our response, you can contact The New Zealand Law Society Lawyers Complaints Service
Phone: 0800 261 801
complaints@lawsociety.org.nz
Auckland 0952
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Kelleher Legal Limited
Company Number: 9391461
NZBN: 9429053317926
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