Our Terms
Terms of Engagement
Our Terms of Engagement (“terms”) have been developed to provide enhanced clarity to our clients about our professional relationship with you when accepting and actioning your instructions. These terms set out the standard terms of our engagement and apply to all work Bush Forbes Limited (“us”, “we”) do for you. The terms are effective from the date you receive them, and any instructions later given by you will be an acceptance of them. Any changes that need to be made to these terms must be agreed by both parties in writing.
If you have any questions regarding anything contained in these terms, please do not hesitate to contact the particular staff member responsible for your matter or the managing partner.
What is our role in acting for you?
We will provide you with the legal services that you request or that we agree on, unless a conflict of interest or other factors prevent us from doing so. If this is the case we will contact you as soon as possible so that we can discuss and resolve the matter to your satisfaction.
We will use due care and skill and will act in accordance with your instructions subject to any ethical and/or legal duties. All advice we give to you will be based on our best professional judgement and legal knowledge but should not be taken as a guarantee of any particular outcome, as we will be relying on the completeness of your instructions, the accuracy of the information provided to us and the actions taken by any other parties involved.
We will always do our best to be available and responsive to you, and to undertake work with reasonable care in a diligent, competent and ethical manner. You can help us do this by giving us clear instructions, if possible in writing; telling us if you have any important time limitations; making sure we have understood each other by asking if you require clarification or have concerns; and telling us if you have changed your address or contact numbers.
We provide our advice to you and only you. Other people or entities (including those closely associated with you) who want to rely or act on our advice can do so only if we both agree in writing.
Duty of Care
Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.
Who will work with you?
You may ask for a particular partner or staff member to be responsible for your matter, and generally that person will work with you. That person may also work with other partners and staff on your matter, however all information is kept confidential within the firm.
How are our fees calculated?
We will charge a fair and reasonable fee for the work we do for you, taking account the Rules of Conduct and Client Care for Lawyers and the Law Society’s costing guide. Our aim is to provide good service with value for money. We take into account a number of factors including:
Disbursements and Other charges
We charge specific expenses and disbursements that are incurred on your behalf. Disbursements are out-of-pocket expenses such as travel and accommodation costs, registration and filing costs, court charges, photocopying, printing, facsimiles, toll and mobile charges, deliveries, routine on-line searches, enquiries and matters of a similar nature. We may charge you an estimate of some disbursements, such as photocopying, printing, facsimiles and phone charges.
Disbursements also include payments made on your behalf to experts and other professionals. Where you have instructed us to instruct outside counsel then you will, on demand, pay to us the fees billed to us by that outside counsel. You will also be charged GST at the current rate as required by law.
Estimates
If requested, we can give estimates of our likely fees for work, and update you on the fees incurred as work progresses. Estimates are based on information available to us at the time and are to be regarded as a guide only and not a fixed quote.
Billing arrangements
We will send regular invoices for our fees and disbursements (usually monthly if the work is likely to take some time) unless otherwise agreed giving details of the work to which the invoice relates. Payment is due on receipt or as otherwise arranged with us. If you do not make payment within 14 days we reserve the right to charge you interest on any unpaid amount at the current ANZ Bank visa interest rate. If you do not pay the account, we reserve the right to start proceedings to recover the overdue amount plus the interest at the rate noted above and costs, cease to act for you and retain your files until the overdue amount is paid. Please contact us immediately if you have any concerns about your account.
You authorise us to deduct our fees, disbursements and office expenses from funds held in our trust account on your behalf on our issuing an invoice.
Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.
Do we require payment in advance?
We may ask you for a payment in advance for out-of-pocket expenses payable to third parties on your behalf and/or as security for professional fees. This money will be held in our trust account on your behalf and will be used to pay any charges as they are due and ourselves, immediately after sending you our account. We will account to you upon completion of the matter by providing you with a statement showing you the payments that you made, how the money was spent and the final balance.
Security
We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:
(a) to debit against amounts pre-paid by you; and
(b) to deduct from any funds held on your behalf in our trust account.
Any fees, expenses or disbursements for which we have provided an invoice.
Trust Account
We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank. In that case we will charge an administration fee of 5% of the interest derived.
Conflicts of Interest
We have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.
How does our engagement end?
You may end our engagement by giving us written notice at any time. You must pay our fees for work done and for other charges incurred up to the time of termination.
We may terminate our engagement with you (or cease or delay performing work for you) if: (i) we consider that we have a conflict of interest of which we were unaware when entering into the engagement or which has subsequently arisen; (ii) we consider that our mutual interest would be better served if we did not continue to act for you; (iii) you do not pay our fees or disbursements in accordance with these terms; (iv) we consider that we are unable to continue to act for you if you are acting contrary to our advice or ignoring that advice; or (v) you have not accurately disclosed to us the scope or nature of the work.
If we become unable to act for you, all outstanding fees and other charges (up to the time of termination) will be billed to you. When you pay your account you have a right to uplift your file. Until your account is paid we have a right to keep any of your property in our possession.
Do we use e-mail?
Yes, but if you prefer us not to please let us know so that other arrangements can be made. As e-mails are not always secure, or may have defects (such as viruses), we do not accept responsibility and will not be liable for any damage or loss caused by an e-mail that is intercepted, or has a virus or other defect.
Confidentiality
Any information concerning you or your affairs that we acquire during the course of acting for you is treated as confidential information and is only passed on to staff who are actually working on your matter. We may also need to disclose this information to our service entities or other organisations, including other parties in the matter, and government agencies but only as needed to carry out your instructions and our professional duties (including our duties as explained in these terms) or as required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.
Under the Privacy Act 1993, we must follow the information privacy principles when we collect, use and disclose information about you.
What do we do with your file and documents?
At the end of your matter we will keep your file and documents for the minimum period stipulated by any relevant legislation. At the end of this period we may destroy your file and documents. All files and documents will be destroyed in a confidential manner.
Feedback
We value feedback, positive or negative. Please do not hesitate to contact us if you have any comments or questions about these terms or any related matters. We are happy to receive feedback from you by e-mail, in writing, or by telephone. Please send your feedback to;
E-mail: reception@bushforbes.co.nz
Telephone: 07 577 6039
Mail: PO Box 526, Tauranga 3140
What law governs these terms?
These terms and any other agreement we have with you are:
(a) governed by New Zealand law;
(b) subject to the exclusive jurisdiction of the New Zealand courts; and
(c) binding on you and your executors, administrators, and successors.
You may not assign or transfer any rights or obligations under these terms or any other agreement that we have with you.
Further information – The Law Society
For information about your rights, complaint procedures and governance of the profession, you can contact the Waikato Bay of Plenty District Law Society or visit the New Zealand Law Society at www.nzls.org.nz.
Acceptance of Terms of Engagement
By instructing us to provide you with legal services you are deemed to have accepted these terms of engagement.
Information for ClientsSet out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society ("Law Society").
Fees: The basis on which fees will be charged is set out in our letter of engagement. When payment of fees is to be made is set out in our 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.
Professional Indemnity Insurance: We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society. We will 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 & 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.
Complaints: We maintain a procedure for handling any complaints by clients, designed to ensure that a 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 that person’s response to your complaint, you may refer your complaint to Jodi Nicols. She may be contacted as follows:
- by letter;
- by email at reception@bushforbes.co.nz
The Law Society also maintains a complaints service and you are able to make a complaint to that service. To do so you should contact the Waikato Bay of Plenty District Law Society, Ground Floor, 109 Anglesea Street, Hamilton 3204, New Zealand, PO Box 180, Hamilton 3240, New Zealand, phone: +64 7 838 0264, fax: +64 7 834 2537.
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:
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:
- 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.
- 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.
If you have any questions, please visit www.lawyers.org.nz
Limitations on extent of our Obligations or Liability: Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our terms of engagement.
Our Terms of Engagement (“terms”) have been developed to provide enhanced clarity to our clients about our professional relationship with you when accepting and actioning your instructions. These terms set out the standard terms of our engagement and apply to all work Bush Forbes Limited (“us”, “we”) do for you. The terms are effective from the date you receive them, and any instructions later given by you will be an acceptance of them. Any changes that need to be made to these terms must be agreed by both parties in writing.
If you have any questions regarding anything contained in these terms, please do not hesitate to contact the particular staff member responsible for your matter or the managing partner.
What is our role in acting for you?
We will provide you with the legal services that you request or that we agree on, unless a conflict of interest or other factors prevent us from doing so. If this is the case we will contact you as soon as possible so that we can discuss and resolve the matter to your satisfaction.
We will use due care and skill and will act in accordance with your instructions subject to any ethical and/or legal duties. All advice we give to you will be based on our best professional judgement and legal knowledge but should not be taken as a guarantee of any particular outcome, as we will be relying on the completeness of your instructions, the accuracy of the information provided to us and the actions taken by any other parties involved.
We will always do our best to be available and responsive to you, and to undertake work with reasonable care in a diligent, competent and ethical manner. You can help us do this by giving us clear instructions, if possible in writing; telling us if you have any important time limitations; making sure we have understood each other by asking if you require clarification or have concerns; and telling us if you have changed your address or contact numbers.
We provide our advice to you and only you. Other people or entities (including those closely associated with you) who want to rely or act on our advice can do so only if we both agree in writing.
Duty of Care
Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.
Who will work with you?
You may ask for a particular partner or staff member to be responsible for your matter, and generally that person will work with you. That person may also work with other partners and staff on your matter, however all information is kept confidential within the firm.
How are our fees calculated?
We will charge a fair and reasonable fee for the work we do for you, taking account the Rules of Conduct and Client Care for Lawyers and the Law Society’s costing guide. Our aim is to provide good service with value for money. We take into account a number of factors including:
- The time and labour expended;
- The skill, specialised knowledge and responsibility required to perform the services properly;
- The importance of the matter to the client and the results achieved;
- The urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client;
- The degree of risk assumed by the lawyer in undertaking the services, including the amount or value of any property involved;
- The complexity of the matter and the difficulty or novelty of the questions involved;
- The experience, reputation and ability of the lawyer;
- The possibility that the acceptance of the particular retainer will preclude engagement of the lawyer by other clients;
- Whether the fee is fixed or conditional (whether in litigation or otherwise);
- Any quote or estimate of fees given by the lawyer;
- Any fee agreement (including an additional fee agreement) entered into between the lawyer and client;
- The reasonable costs of running a practice;
- The fee customarily charged in the market and locality for similar services.
Disbursements and Other charges
We charge specific expenses and disbursements that are incurred on your behalf. Disbursements are out-of-pocket expenses such as travel and accommodation costs, registration and filing costs, court charges, photocopying, printing, facsimiles, toll and mobile charges, deliveries, routine on-line searches, enquiries and matters of a similar nature. We may charge you an estimate of some disbursements, such as photocopying, printing, facsimiles and phone charges.
Disbursements also include payments made on your behalf to experts and other professionals. Where you have instructed us to instruct outside counsel then you will, on demand, pay to us the fees billed to us by that outside counsel. You will also be charged GST at the current rate as required by law.
Estimates
If requested, we can give estimates of our likely fees for work, and update you on the fees incurred as work progresses. Estimates are based on information available to us at the time and are to be regarded as a guide only and not a fixed quote.
Billing arrangements
We will send regular invoices for our fees and disbursements (usually monthly if the work is likely to take some time) unless otherwise agreed giving details of the work to which the invoice relates. Payment is due on receipt or as otherwise arranged with us. If you do not make payment within 14 days we reserve the right to charge you interest on any unpaid amount at the current ANZ Bank visa interest rate. If you do not pay the account, we reserve the right to start proceedings to recover the overdue amount plus the interest at the rate noted above and costs, cease to act for you and retain your files until the overdue amount is paid. Please contact us immediately if you have any concerns about your account.
You authorise us to deduct our fees, disbursements and office expenses from funds held in our trust account on your behalf on our issuing an invoice.
Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.
Do we require payment in advance?
We may ask you for a payment in advance for out-of-pocket expenses payable to third parties on your behalf and/or as security for professional fees. This money will be held in our trust account on your behalf and will be used to pay any charges as they are due and ourselves, immediately after sending you our account. We will account to you upon completion of the matter by providing you with a statement showing you the payments that you made, how the money was spent and the final balance.
Security
We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:
(a) to debit against amounts pre-paid by you; and
(b) to deduct from any funds held on your behalf in our trust account.
Any fees, expenses or disbursements for which we have provided an invoice.
Trust Account
We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank. In that case we will charge an administration fee of 5% of the interest derived.
Conflicts of Interest
We have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.
How does our engagement end?
You may end our engagement by giving us written notice at any time. You must pay our fees for work done and for other charges incurred up to the time of termination.
We may terminate our engagement with you (or cease or delay performing work for you) if: (i) we consider that we have a conflict of interest of which we were unaware when entering into the engagement or which has subsequently arisen; (ii) we consider that our mutual interest would be better served if we did not continue to act for you; (iii) you do not pay our fees or disbursements in accordance with these terms; (iv) we consider that we are unable to continue to act for you if you are acting contrary to our advice or ignoring that advice; or (v) you have not accurately disclosed to us the scope or nature of the work.
If we become unable to act for you, all outstanding fees and other charges (up to the time of termination) will be billed to you. When you pay your account you have a right to uplift your file. Until your account is paid we have a right to keep any of your property in our possession.
Do we use e-mail?
Yes, but if you prefer us not to please let us know so that other arrangements can be made. As e-mails are not always secure, or may have defects (such as viruses), we do not accept responsibility and will not be liable for any damage or loss caused by an e-mail that is intercepted, or has a virus or other defect.
Confidentiality
Any information concerning you or your affairs that we acquire during the course of acting for you is treated as confidential information and is only passed on to staff who are actually working on your matter. We may also need to disclose this information to our service entities or other organisations, including other parties in the matter, and government agencies but only as needed to carry out your instructions and our professional duties (including our duties as explained in these terms) or as required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.
Under the Privacy Act 1993, we must follow the information privacy principles when we collect, use and disclose information about you.
What do we do with your file and documents?
At the end of your matter we will keep your file and documents for the minimum period stipulated by any relevant legislation. At the end of this period we may destroy your file and documents. All files and documents will be destroyed in a confidential manner.
Feedback
We value feedback, positive or negative. Please do not hesitate to contact us if you have any comments or questions about these terms or any related matters. We are happy to receive feedback from you by e-mail, in writing, or by telephone. Please send your feedback to;
E-mail: reception@bushforbes.co.nz
Telephone: 07 577 6039
Mail: PO Box 526, Tauranga 3140
What law governs these terms?
These terms and any other agreement we have with you are:
(a) governed by New Zealand law;
(b) subject to the exclusive jurisdiction of the New Zealand courts; and
(c) binding on you and your executors, administrators, and successors.
You may not assign or transfer any rights or obligations under these terms or any other agreement that we have with you.
Further information – The Law Society
For information about your rights, complaint procedures and governance of the profession, you can contact the Waikato Bay of Plenty District Law Society or visit the New Zealand Law Society at www.nzls.org.nz.
Acceptance of Terms of Engagement
By instructing us to provide you with legal services you are deemed to have accepted these terms of engagement.
Information for ClientsSet out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society ("Law Society").
Fees: The basis on which fees will be charged is set out in our letter of engagement. When payment of fees is to be made is set out in our 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.
Professional Indemnity Insurance: We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society. We will 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 & 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.
Complaints: We maintain a procedure for handling any complaints by clients, designed to ensure that a 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 that person’s response to your complaint, you may refer your complaint to Jodi Nicols. She may be contacted as follows:
- by letter;
- by email at reception@bushforbes.co.nz
The Law Society also maintains a complaints service and you are able to make a complaint to that service. To do so you should contact the Waikato Bay of Plenty District Law Society, Ground Floor, 109 Anglesea Street, Hamilton 3204, New Zealand, PO Box 180, Hamilton 3240, New Zealand, phone: +64 7 838 0264, fax: +64 7 834 2537.
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:
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:
- 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.
- 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.
If you have any questions, please visit www.lawyers.org.nz
Limitations on extent of our Obligations or Liability: Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our terms of engagement.