Terms of Engagement

LETTER OF ENGAGEMENT

Thank you for contacting me. I will be pleased to act for you in this matter. I enclose some material which sets out:

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

(b) My standard terms of engagement.

SERVICES TO BE PROVIDED

The following is a summary of the legal services I expect to be providing to you:

Application for limited licence

FEES

The basis on which my fees will be calculated is to be agreed (see My Fees on top menu bar):

Payment of my fee/s for work completed or attendance/s conducted is to be made by online bank transfer to the credit of Barrister Melanie Coxon, Kiwibank Account Number 389008 0453945 00 following receipt of account. At the time of payment you are required to add you name as reference to the fee paid to me.

RESPONSIBILITY FOR SERVICES

I operate my law practice as a Barrister Sole, and therefore I alone have responsibility for the services I provide for you. My instructing solicitor on this occasion is Yoon Lee. If you wish to utilise a different instructing solicitor in regards to your matter please advise accordingly.

If the information in this letter and the accompanying material is acceptable, please click the 'I have read the standard Terms of engagement and letter of Engagement' on website www.lawyerhelp.co.nz or signed the attached copy of this letter where indicated and return it to me. If you orally or by email advise your acceptance or instruct me to proceed, you will in any event be bound by these terms.

I look forward to working with you on this matter.

Yours faithfully

TO: Melanie Coxon
The above terms are accepted and you are requested to act in this matter.

STANDARD TERMS OF ENGAGEMENT

These Standard Terms of Engagement ('Terms') apply in respect of all work carried out by me for you, except to the extent that I otherwise agree with you in writing.

1 SERVICES

1.1 The services I am to provide for you are outlined in my 'Letter of Engagement'.

2 FINANCIAL

2.1 Fees:
a) The fees I will charge or the manner in which they will be arrived at, are set out in my 'Letter of Engagement'.
b) My 'Letter of Engagement' normally specifies a fixed fee, I will charge this for the agreed scope of my services. If work arises that falls outside that scope, I will advise you as soon as reasonably practicable if it becomes necessary for me to provide services outside the agreed scope and, will give you an estimate of the likely amount of the further costs. We will come to a mutual agreement as to the cost of the extra services.

2.2 Disbursements and expenses: In providing services I may incur disbursements or have to make payments to third parties on your behalf. When such an expense is required to be paid for I will ask for payment from you in advance so that I can make this payment on your behalf.

2.3 GST (if any): Is payable by you on my fees and charges.

2.4 Invoices: If you require, I will send interim invoices to you, at periodic intervals while I am engaged by you, and on completion of the matter, or termination of my engagement. I may also send you an invoice when I need make payment on your behalf for a significant expense.

2.5 Payment: Invoices are payable within 14 days of the date of the invoice, unless alternative arrangements have been made with me.

2.6 Security: I may ask you to pre-pay amounts to me.

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

3 CONFIDENTIALITY

3.1 I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except:
a) to the extent necessary or desirable to enable me 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 I will of course, not disclose to you confidential information which I have in relation to any other client.

4 TERMINATION

4.1 You may terminate my retainer at any time.

4.2 I may terminate my retainer in any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers

4.3 If my retainer is terminated you must pay me all fees due up to the date of termination and all expenses incurred up to that date.

5 RETENTION OF FILES AND DOCUMENTS

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

6 CONFLICTS OF INTEREST

6.1 I have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises I 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

7.1 My duty of care is to you and not to any other person.

8 GENERAL

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

8.2 I am entitled to change these Terms from time to time, in which case I will send you amended Terms.

8.3 My relationship with you is governed by New Zealand law and New Zealand courts have nonexclusive jurisdiction.

INFORMATION FOR CLIENTS

Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society ("Law Society").

1 FEES

The basis on which fees will be charged is set out in my 'Letter of Engagement'. When payment of fees is to be made is set out in my 'Standard Terms of Engagement'.

2 PROFESSIONAL INDEMNITY INSURANCE

I do not hold professional indemnity insurance.

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. 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

I 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 my services or charges, you should refer your complaint directly to me, I have overall responsibility for my work and I am determined that if any client has a complaint about my services or charges, I will do my utmost to resolve it to that client’s satisfaction.

If you do not wish to refer your complaint to me, or you are not satisfied with my response to your complaint, you may refer your complaint to Barrister Owen Martell. He may be contacted as follows:

- by letter at Level 1/4 Kingston Street, Auckland 0756.
- by email at owen.martell@xtra.co.nz
- by telephoning him at 021 0313230

The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service. To do so, 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

I have overall responsibility for the services I provide for you. This is set out in my 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 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 www.lawsociety.org.nz or call 0800 261 801.

Contact Melanie Coxon

Contact Details:
Phone: 09 377 8440
Fax: 09 377 8454
Mobile: 021 911 155 or 021911133
Email: ok2drive@lawyerhelp.co.nz

Physical Address:
Suite 3, Ground Floor, 87-89 Albert Street, Auckland, New Zealand.

Postal Address:
P.O Box 91781, Victoria Street West, Auckland 1142, New Zealand

Why choose Melanie Coxon

Melanie Coxon:

  • Is Fast, Friendly and Affordable
  • Has 18 Years Experience
  • Immediate Appointment Available
  • Contactable 24 / 7 in an Emergency
  • Has Great Results
  • Affordable Fees
  • Easy Pay As You Go
  • Access to Top Criminal Researcher
  • Access to Top Private Investigator
  • Lawyer Help office on Albert Street is only a ½ block from the Auckland District Court

Terms and Conditions of engagement are:

  1. Melanie Coxon holds no indemnity insurance.
  2. Melanie Coxon has had no Law Society complaints in her practising career.
  3. Melanie Coxon has her own complaints procedure available in accordance with the Client Care Rules 2008 of the Lawyers and Conveyancers Act 2006. Details supplied upon engagement, at request, or online here.

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Phone: 09 377 8440   Fax: 09 377 8454   Mobile: 021 911 155 or 021911133   Email: ok2drive@lawyerhelp.co.nz
Address: Lawyer Help, Suite 3, Ground Floor, 87-89 Albert Street, Auckland, New Zealand.
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