1. Your Instructions

1.1 I will act in your best interests to carry out your instructions.

1.2 I reserve the right to cease to act where you cannot or will not provide instructions required in addition to those specified under the heading: "Instructions”, or where I am of the opinion that you have misled or deceived me in any material way.

1.3 I will take reasonable steps to keep you informed of the steps taken to carry out your instructions.

1.4 By instructing me you accept liability to pay the accounts that I will render for work done together with all disbursements incurred in respect of your instructions, and you agree to be bound by the terms of this agreement.

2. What are my obligations to you?

2.1 The Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society require that in all events, subject to the duties of us and its members to the courts and to the justice system, I must:

1. act competently, in a timely way, and in accordance with any arrangements made between myself and you;
2. protect and promote your interests and act for you free from compromising influences or loyalties;
3. discuss your objectives and how they should best be achieved;
4. provide you with information about the work to be done, who will do it and the way in which my services will be provided;
5. charge you a fee that is fair and reasonable, and let you know when you will be billed;
6. give you clear information and advice;
7. protect your privacy and ensure appropriate confidentiality;
8. treat you fairly, respectfully, and without discrimination;
9. keep you informed about the work being done and advise when it is completed;
10. let you know if the instructions are of the sort where you may be eligible for legal aid and if so whether I am prepared to undertake the work in the instructions if paid by legal aid;
11. let you know how to make a complaint, and deal with any complaint promptly and fairly.

3. How do I charge?

3.1 My fees are charged in accordance with guidelines laid down by the Rules of Conduct and Client Care of the New Zealand Law Society. In fixing the fee I am entitled to take account of considerations such as:

1. (1) the time and labour spent;
2. the skill, specialised knowledge and responsibility required;
3. the importance of the matter to you and the results achieved;
4. the urgency and circumstances in which the work is undertaken and any time limits, including time limits imposed by you;
5. the degree of risk assumed by us in undertaking the services including the amount or value of any property involved;
6. the complexity of the matter and the difficulty or novelty of the questions involved;
7. the experience, reputation, and ability of the personnel carrying out the work;
8. the possibility that the acceptance of the instructions will preclude employment of us by other clients;
9. the reasonable costs of running the Legal Chambers I am affiliated with.

4. Estimate of Costs

4.1 Any costs estimate will be my “best guess” as to what the fees and other costs are likely to be. If the work does not proceed as I had expected due to unexpected complications, or if the work proves more complicated than originally anticipated, I will charge for all additional work.

4.2 If it appears that the estimate will be exceeded, I will advise you of the reasons and obtain further instructions from you.

5 When will you be billed?

5.1 Depending on the type of work being performed my account will be sent to you either atthe completion of the work or on a periodic basis. In the case where work is performed over a number ofmonths I will normally account to you for work performed on a monthly basis.

5.2 I may require you to make a payment or payments to us for the provision of legal services under this agreement prior to the final billing of any matter.

6. When do you have to pay?

6.1 My accounts are all due within 14 days of issue of my invoice. If I am holding any money for you, you authorise us to deduct the account from that money after having provided you with a dated invoice.

7. What if you cannot pay on time?

7.1 If you anticipate difficulty in the payment of any account, you must contact me immediately and discuss arrangements for payment.

7.2 Interest is payable on any account more than 7 days overdue. Interest shall be calculated at the rate of 1.5% per month.

7.3 If I have to take steps to recover any unpaid account, the costs of recovery (including debt collectors’ charges) are all payable by you.

7.4 If you fail to make payment of our reasonably rendered accounts for a period of over 3 months I reserve the right to refer the matter to a credit reference agency at our discretion.

8. Confidentiality

8.1 I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except:

1. to the extent necessary or desirable to enable us to carry out your instructions; or
2. to the extent required by law or by the Law Society's Rules of Conduct and Client Care for Lawyers.

8.2 I will of course, not disclose to you confidential information which we have in relation to any other client.

9. Termination

9.1 You may terminate the retainer at any time.

9.2 We may terminate my retainer in any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers

9.3 If the retainer is terminated you must pay all fees due up to the date of termination and all expenses incurred up to that date

10. Instructing Solicitor

10.1 Barristers' clients need to be referred to them by a solicitor (known as the Instructing Solicitor). If you do not have your own solicitor, or do not wish to use him, I can arrange one for you at no extra cost.