Client Care
When providing services to you, we must comply with the Lawyers and Conveyancers Act 2008 (Act) and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). Below is a summary of some key elements of the Rules and explains some remedies you may have as a consumer of legal services.
Fees
The basis on which fees will be charged is detailed in our terms of engagement. At all times, we charge fees based on the reasonable fee factors in clause 9 of the Rules. A large part of the determination of that fee will be the time recorded on a matter, but it is not the sole factor.
Professional indemnity insurance
We hold professional indemnity insurance that meets or exceeds that minimum standards specified by the Law Society. We can provide you with particulars of the minimum standards upon request.
Lawyers’ fidelity fund
The Law Society maintains the Lawyers Fidelity Fund for the purposes 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 and Conveyancers 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.
Client care and service
Whatever legal services we are providing, we 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 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. 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 Law Society at www.lawsociety.org.nz, or on 0800 261 801.
People responsible for the work
We will advise you of the director with overall responsibility for your work. In the absence of an express notification, the person with overall responsibility of your work will be Shane Campbell.
Complaints
If you have a concern or complaint relating to the work being carried out for you, or an invoice that you have been sent, you should raise this in the first instance with the lawyer dealing with the matter who will endeavour to resolve the matter. If you are uncomfortable doing that or are dissatisfied with the response, you should make a formal complaint addressed to the partner responsible for the matter in writing, giving full details of the nature of your complaint.
The person in our firm responsible for all complaints is Shane Campbell and he can be reached at shane.campbell@campbellassociates.co.nz
The New Zealand Law Society also maintains a complaints service and you are able to make a complaint to that service at any time. To make a complaint or for more information on this service you should contact the Law Society at 0800 261 801 or refer to its website at www.lawsociety.org.nz. Their address is: PO Box 5041, Lambton Quay, Wellington 6145.
Limitations on the extent or existence of our liability
Our terms of engagement contain limitations on the extent of our obligations to you and limitations on and exclusions of our liability.