The services which we are to provide for you are outlined in our engagement letter along with any further instructions that you provide to us in writing (or that we record in writing).

In order to provide you with efficient advice and services and to provide the most cost-effective service, it may be that part or all of your instructions will be delegated to other professionals in our firm.

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

In accordance with the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008, the factors taken into account when determining our fees, (Reasonable Fee Factors) include the following:

1. The skill, specialised knowledge, and responsibility required to perform the services properly;
2. The importance of the matter to the client and the results achieved;
3. The urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client;
4. The degree of risk assumed by the lawyer in undertaking the services, including the amount or value of any property involved;
5. The complexity of the matter and the difficulty or novelty of the questions involved;
6. The experience, reputation and ability of the lawyer;
7. The possibility that the acceptance of the particular retainer will preclude engagement of the lawyer by other clients;
8. Whether the fee is fixed or conditional (whether in litigation or otherwise);
9. Any quote or estimate of fees given by the lawyer;
10. Any fee agreement (including a conditional fee agreement) entered into between the lawyer and client;
11. The time and labour expended;
12. The reasonable costs of running a practice;
13. The fee customarily charged in the market and locality for similar legal services.

In providing services we may pay disbursements (costs to third parties) on your behalf. Any disbursements paid on your behalf will be charged to your account at cost and listed separately on our invoice/statement to you. We may require payment in advance for known disbursements or expenses to be incurred on your behalf.

In providing services we will incur sundry fees associated with office, administration and maintenance of individual files.  Our Sundry Fees will be included in our fee to you.

Invoices are due for payment 14 days after the date of the invoice, unless alternative arrangements have been made with us. If any invoice is not paid by the due date for payment, interest may be charged on the outstanding balance at the rate of 2% per month from the date upon which payment was due, and you will be responsible for any reasonable debt collection costs that we incur in recovering outstanding amounts due to us.

If an invoice remains unpaid after 30 days, we may choose to cease our services to you until appropriate arrangements are made to bring your account back into good standing.

Direct payments to our account, debit card, credit card and of course – CASH

You authorise us:

1. To debit against amounts prepaid by you as retainer; and/or
2. To deduct from funds held on your behalf (or on behalf of any entity associated with you) in our trust account.

Any expenses or disbursements incurred on your behalf and any fees for which we have provided an invoice.

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, nevertheless you remain responsible for payment to us if the third party fails to pay us.

1. To the extent necessary or desirable to enable us to carry out your instructions; or
2. To the extent required by law or by the Lawyers and Conveyancers Act (Lawyers) Conduct and Client Care Rules 2008.

We may terminate our services in any of the circumstances set out in the Lawyers and Conveyancers Act (Lawyers) Conduct and Client Care Rules 2008.

You authorise us to hold all your information electronically and this information is stored on servers owned by RSM Law Limited and further backed up on servers owned by Fujitsu New Zealand Limited located in Auckland and LEAP servers built on AWS platform and located in Sydney, Australia. You directly authorise those companies to store your personal and matter information.

As a legal practice, RSM Law is a reporting entity under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).  We are required by law to verify your identity (and that of any beneficial owners or those you represent) before or during the establishment of our business relationship, retain that information for a minimum of five years, monitor transactions and report any suspicious activity to the New Zealand Police.  Providing identify verification is mandatory.  If you are unable or unwilling to do so, we may not be able to act for you.

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 Laywers and Conveyancers Act (Lawyers) Conduct and Client Care Rules 2008.

If we are holding funds in trust for you in an amount less than $100 and we are unable to contact you within 12 monhts, you hereby authorise us to donate the balance to the Aoraki Foundation. 

We will obtain from you contact details, including your email address, postal address and telephone numbers. We may provide documents and other communications to you by email (or other electronic means).

You agree that we may provide you from time to time with other information that may be relevant to you, such as newsletters and information bulletins.  At any time you may request that this not be sent to you. 

We may amend these Terms from time to time.  

The RSMLAW Client Charter forms part of our Standard Terms of Engagement.