ACC and EMPLOYMENT LAW

Dr Benjamin Hinchcliff, DPT, LLB

Specialist ACC and Employment Lawyer

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 - Initial phone calls are a brief explanation of your position based on the facts received. The services which we are to provide for you are outlined in our fee engagement letter.

2. Financial - The fees which we will charge are set out in our fee engagement letter. All fees will be notified in advance.

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 the Law Society’s Rules of Conduct and Client Care for Lawyers.

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 not disclose to you confidential information which we have in relation to any other client.

4. Termination

4.1 Please refer to any signed agreement. Initially you may terminate our services at any time. 

4.2 We may terminate our agreement in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

4.3 If our services are terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.

5. Retention of files and documents - 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. Any paper documents will be converted to electronic and the paper copies destroyed. 

6. Conflicts of Interest - 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 Law Society’s Rules of Conduct and Client Care for Lawyers.

7. Duty of Care - 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 - We do not maintain a trust account. 

9. Legal Aid - We do not offer legal aid services.

10. Complaints and Disputes

10.1 If you have any concerns or complaints about our services please raise them as soon as possible with the person involved.

10.2 If you remain unsatisfied the New Zealand Law Society has a complaint service to which you may refer the issue. Matters may be directed to the Auckland office of the New Zealand Law Society at Level 12/51 Shortland Street, Auckland CBD, Auckland 1010. Telephone: (09) 304-1000.

11. Insurance - We do not hold professional indemnity insurance. The New Zealand Law society does not prevent us from not holding indemnity insurance.

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