Our Philosophy
Our Commitment to You
The centre of our focus is you, our client.
Our lawyers are selected on the basis that they have the necessary qualifications to provide specialist advice to our clients. We have invested in our computer systems and training of our staff to:
- Ensure quick and accurate creation of documents.
- Use electronic mail to keep each other informed and to ensure that instructions are clearly documented and communicated.
- Use graphics and spreadsheets to reduce the length and improve the accuracy and readability of documents.
- Use our electronic library of precedents and other electronic research material to provide faster and more in-depth research.
- Conduct legal research on-line to ensure information is up-to-date and gathered in a timely manner.
- Use our special propriety software to generate new trade and product names.
Clients also have the assurance that, regardless of who is allocated to carry out any task, a Principal is available to them at any time during any project.
In Your Dealings With Us...
Our Service Commitment
We are committed to service satisfaction. If you are not completely satisfied with our efforts in providing services, please contact the Principal who has overall responsibility for the service provided to you and we will review our fee with you. Unless we have previously agreed a fee between us, you are welcome to suggest the appropriate fee. If we have previously agreed a fee between us, but you do not regard the work described in the estimate as complete, we are happy to review this with you.
You may also contact the NZ Law Society's Lawyers' Complaints Service, at 26 Waring Taylor Street, P O Box 5041, Wellington 6145, Tel (04) 472 7837 or (0800) 261 801, Fax (04) 473 7909
Placing Orders For Our Services
An instruction is an order by you for us to provide legal advice. We do not, therefore, accept instructions to guarantee a particular outcome from that advice. This is because you may choose not to adopt our advice or the outcome may depend on factors which are not related to our advice. Our commitment to you is that we will apply our best efforts and skill as lawyers to completing the work.
Upon receiving your instructions, the scope of your instruction is entered into our computer system and e-mailed to the Principal. Your instructions may on occasion, for clarification, be sent to you for your review and confirmation. We will also provide you with a Professional Services Engagement Letter or a Professional Services Engagement Proposal that sets out the basis on which our fees will be charged and may also contain an estimate based on the scope of work involved.
Delivery
We understand that prompt delivery of legal services is important to you. We are committed to delivering our services by the agreed milestones.
Factors That Influence Cost
A number of factors influence the cost of our services to you. These are:
- The degree of skill and specialised knowledge required.
- Your project delivery requirements, such as urgency and delivery to milestones ahead of standard times.
- Events or considerations that change the scope or nature of your initial instructions.
- The efficiency with which other parties whom we deal with on your behalf in turn deliver their services. Costs can often be incurred following up others who are inefficient or unco-operative.
- The prompt and complete delivery from you of all information you possess which is relevant to the project.
Reporting and Payment
To enable you to track project status we will usually report to you either monthly or at the completion of each milestone, by an electronic Project Report. Each Project Report contains an outline of the milestones, deliverables and tasks we have completed for you.
An electronic invoice will be issued in respect of each Project Report. Payment is due on receipt of our invoice for a completed milestone. Where Project Reports are provided monthly, payment is due 10 days following the date of the invoice.
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.
Credit
We assess and establish credit limits for each client. If you require credit beyond the limits we establish we will need to discuss and agree that credit requirement with you. Our Principals are responsible for agreeing credit limits.
We may conduct a credit search at any time if we are extending credit to you. If you do not want to grant us authority to carry out any search, please advise us. If you default on payment without making arrangements with us, we reserve the right to advise our credit agency.
Please do not supply your creditors with our name as a credit reference. The reason for this is that we are bound to keep your affairs confidential. Giving a credit reference requires us to breach that duty. Even if you release us from our duty, there are still obstacles to us giving the creditors all the information they need. It is simpler for both of us not to be in this situation.
Conflicts
We are not allowed at law to act for more than one client if there is a conflict of interest. Please ensure that we are advised of any concerns you may have as to any conflict as 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.
Our Quality Audits
We undertake a quality audit programme, which ensures our service delivery meets your expectations. Examples of quality audit points are:
- We have a formal programme for ensuring all documents held on your behalf are recorded.
- On project files being closed you may be telephoned by our Office Manager and asked a few brief questions. We would appreciate your assistance in this quality audit.
- You may e-mail our Office Manager at any time with quality issues at quality@clendons.co.nz
Professional Indemnity Insurance
We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society.
The Lawyers' Fidelity Fund also provides a limited form of cover up to specified maximums in certain circumstances, generally excluding investment monies.
Barristers and Consultants
Where you instruct us to engage Barristers and Consultants we may require a deposit of funds to cover the expected costs.
Documents and Files
Physical and electronic files and documents are shared by the project team members and are accessible at all times.
We supply copies of documents and correspondence to you throughout each project, generally by email. On completion we check to ensure that you have everything you require and forward all original documents to you, unless these are to be retained in our Deeds facilities for safe keeping.
We also have our own project files where we keep our copies of documents and correspondence for each project. If you require a copy of that file, we will supply this to you at the cost of the administration time and disbursements.
Your Privacy
The privacy and confidentiality of your business affairs is paramount.
A secure computer system ensures your information cannot be accessed by anyone other than our staff, and in some cases to the extent required by law or by the Law Society's Rules of Conduct and Client Care for Lawyers.
You have the right to access any personal information that we hold about you and to request us to correct this information if it is incorrect, in accordance with the Privacy Act.
International Engagements
In our terms of engagement, we cannot accept any responsibility for advice on issues relating to compliance with foreign law requirements.
Our membership of Mackrell International provides efficient access to high quality legal advisors in 65 countries. Our clients are consistently complimentary of the professional working relationships and expertise accessible through our networks.
If you request and we agree to have the costs of foreign legal advice billed to us, the costs of such legal services are treated as a disbursement in the costs rendered by us to you.
Our Client Charter
As a client you are a purchaser of our legal services.
To serve you we:
- 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.
- Act competently, in a timely way, and in accordance with instructions received and arrangements made.
- Promptly communicate project events to you throughout the project, through emails and regular Project Reports.
- Provide you with information about the work to be done, who will do it and the way the services will be provided.
- Protect your privacy and ensure appropriate confidentiality.
- Treat you fairly, respectfully and without discrimination.
- Give you clear information and advice.
- Keep you informed about the work being done and advise you when it is completed.
- Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
- Let you know how to make a complaint and deal with any complaint promptly and fairly.
- Manage your project with computer-based project management tools.
- Work as a team to ensure that you have more than one point of contact and to remove bottlenecks.
- Will, where we handle funds on your behalf, provide you with a statement of account at the end of the project.
- Are committed to service satisfaction.
If you have any questions, in general, about the Rules of Conduct and Client Care for Lawyers, please visit www.lawsociety.org.nz or call 0800 261 801
This forms our terms of engagement with you and any limitations on the extent of our obligations to you and any limitation or exclusion of our liability to you are set out in our Professional Services Engagement Letter. We may review our terms of engagement on an annual basis.