Set out below are our standard terms of trade, which will always apply, unless we agree otherwise.

LEGAL PLANiT's Standard Terms of Trade

1. Charging

Unless we state otherwise, our fee will be calculated on a time attendance basis (using 6 minute time recording units). For your information, our current charge rates range from $195 - $325 per hour plus GST. Those charge rates are, however, subject to review at any time.

An account administration surcharge and/or a banking system surcharge may be charged in addition to our fee.

All attendances performed and expenses incurred in respect of your legal matter will be charged, irrespective of whether or not the matter proceeds or is completed.

Necessary disbursements paid out on your behalf will be reimbursable and will be invoiced.

2. Quotes

Any fee quote given by us will only be valid for 30 days.

Any quote will be based on the background information and instructions supplied to us, and on the matter proceeding without any significant difficulties or complications. Any attendances outside that scope may be charge in addition on a time attendance basis (using 6 minute time recording units), unless we agree otherwise.

3. Instructions

If, at any time, you realise that the background information and/or the instructions supplied to us is not accurate, you must advise us urgently. Otherwise, we will assume that it is accurate and will act on it accordingly.

Any variation to your instructions must be notified to us promptly.

4. GST

Unless expressly stated otherwise, amounts specified by us will be plus GST.

5. Invoice Payment Terms

Our invoice(s) must be paid within 14 days of the date of the invoice, unless we agree or specify otherwise.

Any outstanding invoice will incur an administration fee of 2% per month on the overdue amount, until paid in full.

If we have to spend any money on collecting, or attempting to collect, any overdue amount(s) from you (‘collection costs’), then you must reimburse us for those collection costs.

Payments received from you will be applied first towards any accumulated administration fees and collection costs, and then any surplus will be applied towards payment of the overdue amount(s) in order of age (starting with the oldest invoice).

6. Client Files

We may convert all documents sent, received or held in respect of your legal matter (ie. your ‘Client File’) into a secure electronic format and then destroy any or all of the paper documents.

7. Companies & Trusts

Where we accept instructions to act for an unlisted company or a trust, for the purposes of our contractual solicitor/client relationship, the instructing principal client will jointly and severally include:

1. in the case of an unlisted company, that company and all its directors and shareholders; and
2. in the case of a trust, that trust and its trustees.

8. Limitations On Our Responsibility & Liability

Foreign Law Matters:  We are only qualified to advise on New Zealand law. If we assist you in respect of matters governed by foreign law, we do so on the basis that we do not accept any responsibility in relation to your legal position under that foreign law, and strongly recommend that you obtain specific legal advice on that legal position from a suitably qualified foreign legal adviser.

Investment, Taxation, Accounting & Resource Management Advice:  We do not provide investment, taxation, accounting or resource management advice, and strongly recommend that you consult an investment, taxation, accounting or resource management expert (as the case may be) for such advice. We will not be liable in any way for any investment, taxation, accounting and/or resource management advice, which may be provided to you.

Communications:  We do not accept any liability for any loss arising from any damage to, or non-receipt, non-opening or compromise of any communication, including E-mail or other internet based communications.

Third Party Service Provider:  Where we instruct a third party on your behalf, we will not be responsible for any act or omission of the third party.

Consumer Guarantees Act 1993 (‘CG Act’):  Where you are using our services for business purposes, you are deemed to have agreed in accordance with section 43(2) of the CG Act that none of the rights or remedies under the CG Act will apply to the provision of  those services to you.

Limitation On Extent Of Liability: If we incur any liability to you, our total aggregate liability to you will be limited, depending on the nature of the claim, to the maximum amount payable by the New Zealand Law Society’s ‘Lawyers Fidelity Fund’ or an amount equal to the recommended minimum level of professional indemnity insurance cover specified by the New Zealand Law Society for a legal firm such as LEGAL PLANiT, at the time of the claim. This limitation applies to all liabilities, whether in contract, tort (including negligence), law, equity or otherwise arising out of or in connection with our engagement or the services we provide you.

9. Publications & Invitations

We may send to you LEGAL PLANiT publications and invitations to LEGAL PLANiT seminars and functions by E-mail or otherwise. Under the Privacy Act 1993, you have rights of access to, and correction of, your personal information held by us.

10. General Charging Guidelines

Our 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, we are entitled to take account of matters such as:

1. the time and labour expended;
2. the skill, specialised knowledge, and responsibility required to perform the services properly;
3. the importance of the matter to you and the results achieved;
4. the urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those 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 individual(s) acting for you;
8. the possibility that the acceptance of your retainer will preclude us from acting for other clients;
9. whether the fee is fixed or conditional (whether in litigation or otherwise);
10. any previous quote or estimate of fees given by us;
11. any previous fee agreement (including a conditional fee agreement) entered into between us;
12. the reasonable costs of running a practice; and
13. the fee customarily charged in the market and locality for similar legal services.