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CL Law l 법무법인 씨엘
  

 

 

 

Letter of Engagement

 

We are pleased to act for you in this matter on the basis set out below.  We enclose the following which sets out:

 

Information for clients which lawyers are required by the Rules of Conduct and Client Care for Lawyers to provide; and

Our terms of engagement.

     

Services to be provided

     

The following is a summary of the legal services we expect to provide to you:

  [                           ]  
     

Fees

     

Our charge for the services described above will be based on the time required to complete the work and also on the level of skills of the person handling the work as well as responsibility involved in providing such services.

Where we have indicated to you our fees to complete this matter, such indication is merely an estimate of the time that we may spend on this matter.  In the event of any unforeseen circumstances or complications resulting in further works to be done, you will be charged with the hourly rate for the attendances on top of the fixed fee quote.  

     

Responsibility for Services

 

The names and status of the people in our firm who will have the general carriage of or overall responsibility for the services we provide for you are:

     
 

Name

Position

Hourly Rate

 

Hyun Jung (Nicole) Lee

Director

$[    ] plus GST

 

Somee Chung

Director

$[    ] plus GST

 

Won Ji Kwon 

Legal executive

$[    ] plus GST

       

Limitations on our Obligations or Liability

 

Our liability shall in no circumstances exceed the amount of five (5) times the fees you have paid.  If you are not willing to accept such limitation please let us know immediately.

 

If the information in this letter and the accompanying material is acceptable, please sign the attached copy of this letter where indicated and return the same to us.  If you orally advise your acceptance or instruct us to proceed, you will in any event be bound by these terms.

 

We look forward to being of service to you.

 

Yours faithfully

 

 

CL LAW LIMITED

 

 

[      ]

Director

 

 

 

INFORMATION FOR CLIENTS

 

Set out below is the information required by the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“Rules”):

 

 

1.

 

 

 

 

Fees:  The basis on which fees will be charged and also the timing of payment of such fees is set out in our letter of engagement.

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.

 

 

2.

 

 

 

Professional Indemnity Insurance: We hold professional indemnity insurance with QBE Insurance (International) Limited that meets or exceeds the minimum standards specified by the New Zealand Law Society (“Law Society”).  We will provide you with particulars of the minimum standards upon request.

 

 

3.

 

 

 

 

 

 

Lawyers' Fidelity Fund: The Law Society maintains the Lawyers' Fidelity Fund for the purpose 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 $100,000.00.  Except in certain circumstances specified in the Lawyers and 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.

   

4.

 

Complaints: We maintain a procedure for handling any 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 the 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 Hyun Jung (Nicole) Lee or Somee Chung.

   
 

We may be contacted as follows:

 

by letter;

 

by email at nicole@cl-law.co.nz ; somee@cl-law.co.nz; or

 

by telephoning at (09) 485 3434.

     
 

The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service.  To do so, you can phone 0800 261 801 and you will be connected to the nearest Complaints Service Office, which can provide information and advice about making a complaint.

   

5.

 

 

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 are set out in our letter of engagement.

   

6.

 

Client Care and Service: The Law Society client care and service information is set out below.

   
 

Whatever legal services your lawyer is providing, he or she must:

 

 

Act competently, in a timely way, and in accordance with instructions received and arrangements made.

 

 

Protect and promote your interests 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 you clear information and advice.

 

Protect your privacy and ensure appropriate confidentiality.

 

Treat you fairly, respectfully and without discrimination.

 

 

Keep you informed about the work being done and advise you when it is completed.

 

 

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.  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 www.lawsociety.org.nz or call 0800 261 801.

   

7.

 

 

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 letter of engagement.

 

 

 

 

TERMS OF ENGAGEMENT

   

These Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

1.

Services

   
1.1

The services we are to provide for you are outlined in our engagement letter.

   
2.

Financials

   
2.1

Fees:  

   

 

(a)

 

The fees we will charge or the manner in which they will be arrived at, are set out in our engagement letter.

 

 

 

 

(b)

 

 

 

 

 

If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of our services.  Work which falls outside that scope will be charged on an hourly rate basis.  We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.

 

 

 

 

(c)

 

 

 

 

Where ourfees are calculated on an hourly basis, the hourly rates are set out in our engagement letter.  The differences in those rates reflect the experience and specialisation of our professional staff.  Time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes.

   

2.2

 

 

 

 

Disbursements and expenses:  In providing services we may incur disbursements or have to make payments to third parties on your behalf.  These will be included in our invoice to you when the expense is incurred.  We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.

 

 

2.3

 

GST (if any):  Goods and Services Tax is payable by you on our fees and charges.

 

 

2.4

 

 

Invoices:  We will send interim invoices to you, usually on a monthly basis and on completion of the matter, or termination of our engagement.  We may also send you an invoice when we incur a significant expense.

 

 

2.5

 

 

 

 

 

 

Payment:  Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made with us.  We may require interest to be paid on any amount which is more than 7 days overdue.  Interest will be calculated at the rate of 5% above our firm's bank overdraft as at the close of business on the date payment became due.  If any invoice is overdue by 30 days, we reserve our right to refer the debt to any collector for debt collection and you will be responsible for payment of any debt collection charges.

 

 

 

We accept cheque, direct credit and credit card payment.  If you choose to pay by credit card, please note that a surcharge at the rate of 3.5% will be added to the total amount due.

 

 

2.6

 

Security:  We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses.  You authorise us:

   

 

(a)

to debit against amounts pre-paid by you; and

 

 

 

 

(b)

to deduct from any funds held on your behalf in our trust account,

 

 

 

 

any fees, expenses or disbursements for which we have provided an invoice.

 

 

 

You authorise and direct us to apply any monies we are holding for and on your behalf first in payment of any fees, expenses or disbursements for which we have provided an invoice.

 

 

2.7

 

 

 

Third Parties:  Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, you nevertheless remain responsible for payment of such invoice if the third party fails to pay us.

 

 

3

Confidentiality

 

 

3.1

 

 

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

   

 

(a)

 

to the extent necessary or desirable to enable us to carry out your instructions; or

 

 

 

 

(b)

to the extent required by law or by Rules.

 

 

 

3.2

 

Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services for you.

   

3.3

 

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

 

 

4.

Termination

 

 

4.1

You may terminate our retainer at any time.

 

 

4.2

We may terminate our retainer in any of the circumstances set out in the Rules.

 

 

4.3

 

If our retainer is terminated you must pay us all fees and expenses incurred up to the date of termination.

 

 

5.

Retention of files and documents

 

 

5.1

 

 

 

You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 7 years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.

 

 

6.

Conflicts of Interest

 

 

6.1

 

 

We have procedures in place to identify and respond to conflicts of interest.  If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Rules.

 

 

7.

Duty of Care

 

 

7.1

 

Our duty of care is to you and not to any other person.  Before any other person may rely on our advice, we must expressly agree to this.

 

 

8.

Trust Account

 

 

8.1

 

 

 

 

We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices).  If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank.  In that case we will charge an administration fee of 5% of the interest derived.

 

 

9.

General

 

 

9.1

 

The Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.

 

 

9.2

 

We are entitled to change the Terms from time to time, in which case we will send you the amended Terms.

 

 

9.3

 

Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.