Contact 07 348 5160

Email: mjhine@familiesmatter.co.nz

Terms of Engagement – Legal Aid Clients

The following conditions set out the Terms of Engagement upon which we are prepared to act for clients on a legal aid basis.

1.      YOUR INSTRUCTIONS

We will accept your instructions on the understanding that you have made, and will continue to make, full and frank disclosure of all facts relevant to the matter.

We will only act on your clear instructions.   Where instructions cannot be reasonably obtained from you, we will stop work until these are received.

By instructing this firm, you accept liability to pay our bill.  In this case an application will be made for a grant of legal aid and where legal aid is granted the extent of your liability for the cost of  legal services will be limited to the contribution that the Legal Aid Commissioner requires you to pay.

Where however aid having been granted, is withdrawn or is refused then you will be responsible for the payment of the costs of legal services.  In any such case we will immediately advise you of the fact and give you the opportunity to withdraw your instructions.

2.      HOW WE CHARGE

Where a grant of legal aid is made we charge in accordance with the scale and guidelines that are provided by the Legal Aid Commissioner and which can be viewed on their website at  www.justice.govt.nz .

Where aid is declined or withdrawn then we charge for legal services by time that is expended based on an hourly rate and in accordance with New Zealand Law Society costing criteria.

If aid is withdrawn or refused we will provide you with a copy our my standard terms of engagement in respect of privately funded matter. (Details can be viewed on our website (www.familiesmatter.co.nz)

3.      HOW YOU PAY

Where an application is made for a grant of legal aid to the Legal Aid Commissioner it is not usual that the application be accompanied an application fee.

However the Legal Aid Commissioner may on making a grant of legal aid impose a financial contribution.

That contribution can be deferred if there are financial difficulties.  If such is the case then please discuss this with us.  Be aware however that aid can be withdrawn if the contribution is not paid as required.

The initial contribution is not the only thing you may be required to pay.

If because of your financial circumstances the Legal Aid Commissioner deems you have the wherewithal to meet a larger contribution they will advise you of that.

You have the ability to appeal against that decision or to seek to have it reconsidered.  Again in such a case discuss this with us.

If at the conclusion of the matter you receive a financial award or the proceeds of settlement then the Legal Aid Commissioner may take a charge over that award or settlement proceeds to the extent of the grant that has been made.   You may have to reimburse the cost of legal services from the proceeds.

Alternately if you own property the Legal Aid Commissioner may require that a statutory land charge be registered against the property securing the grant made and to be repaid in the event that the property is subsequently sold.  The Legal Aid Commissioner may also routinely require the lodgment of a caveat on the title to protect their interest.

If you have any questions about any matter raised please do not hesitate to contact us.

4.   MONEY AND PROPERTY HANDLING   PROCEDURES

This firm does not operate a trust account.  Therefore any settlement proceeds or sums payable to you will be paid direct to you by any other party involved in the proceedings or in the transaction.  We will not handle or receive cheques payable to you or on your behalf.

5.     COMMUNICATION

We do not accept any liability for loss arising from non-receipt of any communication, including computer email communications.

6.       INFORMATION I NEED TO KNOW

You agree to provide us with all information that we may reasonably require to carry out your instructions and meet our statutory obligations, and for our statistical database purposes.

You are responsible for the accuracy of any information you provide to us and have the right to access and correct the personal information given to us relating to yourself.

You authorise this firm to collect, disclose and use information from you and third parties so that we may comply with your instructions, meet our statutory obligations and use this information for our statistical database purposes.

All information you supply will be collected and stored by Families Matter Law Practice.

Under the Privacy Act 1993 you have the right of access to, and correction of, your personal information held by us.

The Financial Transactions Reporting Act requires us to collect from you and retain information required to verify your identity.

Any failure to supply information may result in your instructions not being carried out or not being carried out in full.

Please note that this practice does not have professional indemnity insurance.

7.       DURATION OF THESE TERMS

These Terms of Engagement may be amended from time to time. These Terms will apply to all future legal work carried out by this firm for you.

8.       ACCEPTANCE OF THESE TERMS

You agree to accept the above terms by instructing this to act for you.

9.      REVIEW

In the case of any dispute, please communicate with us in the first instance.

You have the right to discuss any issues of concern with the New Zealand Law Society and/or the Ministry of Justice.

Every effort will be made to resolve any disputes with you.

10.      RETENTION OF CLIENT’S DOCUMENTS

We will retain your file and documents in an electronic format this matter for a period of ten years beyond the date of the final bill.

You agree thereafter the file may be destroyed.

Documents held in our deeds system will be retained indefinitely and at your direction.

This firm is entitled to retain possession of your papers and documents whilst any bill remains outstanding.

11.      TERMINATION

We may cease to act further if:-

(a)  you or the Legal Aid Commissioner fail to pay  our costs herein;

(b)   you fail to provide us with adequate instructions;

(c)   you decline to accept our advice;

(d)   we perceive that we have lost your confidence;

(e)   a conflict of interest comes to our notice;

(f)   you withhold relevant material or information;

(g)   termination is otherwise required for lawful reason.

We will give you reasonable notice of the termination of our instructions.

Where legal aid is declined or withdrawn you will be required to pay our charges for work done and for expenses incurred, up to the date of termination.

Terms of Engagement – Private Clients

The following conditions set out the Terms of Engagement upon which we are prepared to act for clients on a private basis.

1.      YOUR INSTRUCTIONS

We will accept your instructions on the understanding that you have made, and will continue to make, full and frank disclosure of all facts relevant to the matter.

We will only act on your clear instructions.   Where instructions cannot be reasonably obtained from you, we will stop work until these are received.

By instructing this firm, you accept liability to pay our bill.  In this case we have discussed with you whether legal aid is available or whether an application should be made.

By instructing us on a private basis you accept that you will properly fund the proceeding and do not require legal aid assistance.

2.      HOW WE CHARGE

The standard rate for private instructions for Martin Hine is $300 per hour plus gst.

The standard rate for private instructions for Louis Te Kani is $300 plus gst.

The standard rate for private instructions for Tim Braithwaite is by agreement.

We charge in 6 minute time minimum increments.

3.      HOW YOU PAY

It is our practise to render monthly interim accounts to spread the cost of the proceeding.  The accounts are payable by the 20th of the month following.

A discount will be offered if the account is settled within seven days.

4.      MONEY AND PROPERTY HANDLING PROCEDURES

We do not operate a trust account.  Therefore any settlement proceeds or sums payable to you will be paid direct to you by any other party involved in the proceedings or in the transaction.  We will not handle or receive cheques payable to you or on your behalf.

5.     COMMUNICATION

We do not accept any liability for loss arising from non-receipt of any communication, including computer email communications.

6.       INFORMATION I NEED TO KNOW

You agree to provide us with all information that we may reasonably require to carry out your instructions and meet our statutory obligations, and for our statistical database purposes.

You are responsible for the accuracy of any information you provide to us and have the right to access and correct the personal information given to us relating to yourself.

You authorise this firm to collect, disclose and use information from you and third parties so that we may comply with your instructions, meet our statutory obligations and use this information for our statistical database purposes.

All information you supply will be collected and stored by Families Matter Law Practice.

Under the Privacy Act 1993 you have the right of access to, and correction of, your personal information held by us.

The Financial Transactions Reporting Act requires us to collect from you and retain information required to verify your identity.

Any failure to supply information may result in your instructions not being carried out or not being carried out in full.

Please note that this practice does not have professional indemnity insurance.

7.       DURATION OF THESE TERMS

These Terms of Engagement may be amended by this firm from time to time. These Terms will apply to all future legal work carried out by me for you.

8.       ACCEPTANCE OF THESE TERMS

You agree to accept the above terms by instructing this firm to act for you.

9.      REVIEW

In the case of any dispute, please communicate with us in the first instance.

You have the right to discuss any issues of concern with the New Zealand Law Society and/or the Legal Services Agency.

Every effort will be made to resolve any disputes with you.

10.      RETENTION OF CLIENT’S DOCUMENTS

We will retain your file and documents in an electronic format this matter for a period of ten years beyond the date of the final bill.

You agree thereafter the file may be destroyed.

Documents held in our deeds system will be retained indefinitely and at your direction.

This firm is entitled to retain possession of your papers and documents whilst any bill remains outstanding.

11.      TERMINATION

We may cease to act further if:-

(a)  you or the Legal Aid Commissioner fail to pay fail to pay our costs herein;

(b)   you fail to provide us with adequate instructions;

(c)   you decline to accept our advice;

(d)   we perceive we have lost your confidence;

(e)   a conflict of interest comes to our notice;

(f)   you withhold relevant material or information;

(g)   termination is otherwise required for lawful reason.

We will give you reasonable notice of the termination of our instructions.

Where we terminate your instructions you will be required to pay our charges for work done and for expenses incurred, up to the date of termination.