Client Care
Fees
The basis on which fees will be charged is set out in our standard terms of engagement. Any fee arrangements that, for a particular piece of work, differ from those set out in our terms of engagement are set out in our letter of engagement. Our standard terms of engagement explain when payment of our fees is to be made. 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 the following procedure for handling 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 either Tim Silva, Angela McKay, or Sarah Denis, RMF Silva’s Partners.
They may be contacted as follows:
By letter at PO Box 22 Ashburton 7740;
By email at law@rmfsilva.co.nz;
By telephone on +64 (03) 308 3191.
The Law Society maintains a complaints service also. You may refer your complaint to that service. To do so you should write to the New Zealand Law Society, P O Box 5041, Wellington or phone +64 4 472 7837.
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 Services Information
The client care and service information that we are to provide to you under the Law Society’s Rules of Conduct and Client Care for Lawyers are as follows:
- Act competently, in a timely way, and in accordance with instructions received and arrangements made;
- Protect and promote your interest 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 clear information and advice;
- Protect your privacy and ensure appropriate confidentiality;
- Treat you fairly, respectfully and with discrimination;
- Keep you informed about the work being done and advise you when it is completed; and
- 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 the Law Society or call 0800 261 801.
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 Standard Terms of Engagement.