Terms of Engagement

These terms describe how the barristers at Wakatipu Chambers work with clients, how fees are handled, and the obligations each side takes on. They include the client care and service information required under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.

Wakatipu Chambers is a barristers' chambers, not a law firm: each barrister practises on his own account, and when you instruct a barrister your engagement is with him personally. Before substantive work begins, your barrister will provide a tailored letter of engagement for your matter. These terms apply alongside that letter — and where the two differ, the letter prevails.

Whichever barrister you instruct, you can expect him:

Piers Blomfield holds New Zealand Law Society authority to accept instructions directly from clients in many matters. Brett Harris generally accepts briefs through an instructing solicitor in the traditional way. When you make an enquiry, we will tell you at the outset which route applies to your matter.

Even where direct instruction is available, parts of a matter may sometimes be handled by an instructing solicitor where that is in your best interests — for example drafting, certain court attendances, or research. Any such work is billed separately by the solicitor, with no duplication of costs, and if your barrister believes you would be at a disadvantage without an instructing solicitor, he will say so.

Each barrister sets his own rates and fee structure, and these are set out in the letter of engagement for your matter. Fees are discussed and agreed before work begins, and where the matter suits it your barrister will indicate the likely range of fees — or the likely stages and their cost — in advance.

Time-based fees reflect the criteria laid down by the New Zealand Law Society and cover work such as meetings and calls with you, correspondence, considering the law and facts of your matter, preparing documents and court papers, dealing with other parties' lawyers, and appearing in court on your behalf. If you ask for additional work, or a matter becomes more complex or urgent than anticipated, fees may exceed an earlier estimate — and you always have the right to instruct that no further work be done.

Legal Aid is available for eligible criminal and family matters through Piers Blomfield, an accredited lead provider. Whether your matter qualifies is one of the first things we can check.

The New Zealand Law Society client care and service information is set out below. In acting for you, your barrister must:

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, visit lawsociety.org.nz or call 0800 261 801.

Accounts are rendered regularly — typically monthly, or at significant junctures in the matter. Payment terms, including due dates and any interest payable on overdue accounts, are set out in each barrister's letter of engagement. Where fees are paid in advance, they are held in trust to protect your interests.

Disbursements are expenses incurred on your behalf — court filing fees, courier and agent charges, expert fees and the like. You are responsible for these; they may be included in accounts or billed separately, and payment in advance may be requested where third-party costs are significant.

If you have a concern about the service you are receiving, raise it with your barrister first, at the earliest opportunity — it will be listened to carefully and addressed promptly. If the issue cannot be resolved between you, you may contact the New Zealand Law Society Complaints Service at lawsociety.org.nz or on 0800 261 801.

You may end the engagement at any time on written notice. Your barrister may also terminate the engagement on written notice, subject to his ethical obligations — for example where accounts remain unpaid, where instructions cannot be obtained, or where he considers he can no longer properly act. Fees and disbursements incurred up to termination remain payable, and the file will be released to a new adviser once they are settled.

Each barrister's professional indemnity arrangements, and the limited recourse available to clients through the Lawyers Fidelity Fund, are confirmed in the letter of engagement for your matter. Details of the Fidelity Fund are also available from the New Zealand Law Society.

Under New Zealand's Anti-Money Laundering and Countering Financing of Terrorism Act 2009, lawyers must carry out customer due diligence before acting on many matters. At a minimum this means obtaining and verifying your full name, date of birth and address — usually from documents such as a driver licence or passport, and a bank statement or utility bill showing your address.

For company or trust matters, further information is needed about the entity and the people behind it (directors, shareholders, trustees, beneficiaries), and your barrister may also need to ask about the purpose of the work and the source of funds for a transaction. If the required information cannot be obtained, it is likely he will not be able to act. You will be told before work starts exactly what is needed.

These terms apply alongside the letter of engagement provided for your matter. By instructing a barrister at Wakatipu Chambers you accept these terms in their then-current form, unless otherwise agreed in writing. Questions about them are welcome at any time.