IanWatsonLegal


 Excellence & Experience



 

Client Care Information


 (See Terms of Engagement at www.ianwatsonlegal.co.nz 
for full details)
  Date we received your instructions:
 
  Person to whom we report on this matter:
 
  Person at Ian Watson Legal with the day to day responsibility for this matter:
 Ian Christopher WATSON and Jane Cecilia CULLINANE

07 864 7070

021 482 883

ianwatsonlegal@xtra.co.nz

  Partner at Ian Watson Legal with the day to day responsibility for this matter: 
 Ian Christopher WATSON 

07 864 7070

021 482 883

ianwatsonlegal@xtra.co.nz

  Summary of Conveyancing or Wills required by you: (example)
 Standard Conveyancing

All conveyancing concerning the Non-Standard Purchase of xxx being a Cross Lease with one mortgage including perusing agreement and advising you as to LIM report and discuss conditions, reports and title, confirming agreement unconditional, arranging for execution of all documents to transfer title ownership to you including Mortgage documentation, receive all necessary funds and settle transaction on completion date. Report to you with statements and invoice and copies of settlement statement and details of Council rates.


Extra Non-Standard Work required:

Withdrawal of KiwiSaver to assist with purchase. Checking over documentation, completing Solicitors Certificate to Kiwisaver andcorrespondence with your KiwiSaver. Receiving funds prior to settlement day.


 Work timetable:
 Work will be commenced within 3 working days. I will keep you up to date by email as to the steps to be taken and all dates to be met as we proceed.

Basis of charging (amounts inclusive of GST if any):
 

We have agreed to undertake this work for a fixed fee of $0.00 including disbursements. We do not charge GST. Please note that if unforeseen extra work falls outside of the summary below it will be charged on an hourly rate basis or, if requested, we will give you a further estimate of costs.


My Fee (example)

The basis on which my fees will be calculated is set out below and GST is included in the fee:


Standard Purchase of a Property with one Mortgage                  $1,200.00

PLUS Estimated Extra Non-Standard work as set out above

1.5 hrs @ $145/hour                                                                        $217.50

TOTAL FEES (including GST if any, standard Land 
Information New Zealand searching & registration)                $1,417.50

 Non Standard Conveyancing Transactions We want to be up front with you about fees and charges. We are able to do this more easily for transactions that are common, or “Standard”. However, it would not be fair on us if a transaction becomes unexpectedly complicated and extra conditions or extra work arise that we did not know about when we commenced your transaction. If this occurs, the transaction then becomes Non-Standard. In most cases we can see in advance if your transaction is going to be Non Standard and can let you know almost immediately. Sometimes the unexpected happens and if this happens in your case, we will contact you and discuss how (and why) this could affect costs for you. We aim to ensure there are no surprises for you when you receive our invoice at the completion of the matter.

Some common examples of extra work creating a Non-Standard Conveyancing Transaction:

  • The property is leasehold, cross lease or a unit title. This may require liaising with the body corporate, a management company and the lessor’s lawyers and arranging for additional documentation.
  • You are overseas or property tax is payable or extra due diligence as to anti-money-laundering is required.
  • The property is owned by a company or trust.
  • A Third party is required to give a lender a personal guarantee.
  • The dates in the agreement, such as settlement date, are changed for any reason. This requires negotiating with the other lawyer.
  • More than one mortgage is to be registered/released.
  • The transaction involves withdrawing funds from Kiwisaver.
  • There is a caveat or interest (other than a standard mortgage) to be registered on or removed from the title.
  • Issues arise from builders report, LIM or other conditions that require additional investigations and/or negotiations with council, other lawyers or a third party.
  • A bank may require their own lawyer representing the bank to protect the bank's interest.

Extra Non-Standard work in Wills and Conveyancing is charged at $145.00 per hour. All other Non-Standard work is charged at $290.00 per hour. There is no GST. Extra Non-Standard work may also incur reasonable administration charges for extra stationery, postage or courier and telephone charges, etc or unexpected fees/

disbursements if we have to pay out on your behalf. We will let you know in advance and explain the extra work and cost involved if and when this happens in your matter. We will go some way to keep your costs down if significant extra work/time is required for whatever reason so you will not have surprises at the end as to fees.

 Estimate of fees for Non Conveyancing/Wills matters:
 We estimate that we will invoice you $0.00 including any GST and disbursements for the work that you have asked us to complete. This is not a quote. However, if it becomes clear that this estimate is not adequate we will contact you to discuss this.
 Deduction of fees:

We keep our fees lower by reducing administration and deduct our fees and disbursements for Conveyancing and other matters from your monies in our trust account upon completing your sale or purchase. By accepting these terms you authorise us to deduct our fees from your monies held in our trust account.

If we hold funds on your behalf you authorise us to deduct our fees and disbursements paid on your behalf from those funds (unless they have been provided for a particular purpose) and send you an invoice as required by the Lawyers and Conveyancers Act (Trust Account) Regulations 2008

We keep our fees lower by reducing administration and deduct our fees and disbursements for Conveyancing and other matters from your monies in our trust account upon completing your sale or purchase. By accepting these terms you authorise us to deduct our fees from your monies held in our trust account.

If we hold funds on your behalf you authorise us to deduct our fees and disbursements paid on your behalf from those funds (unless they have been provided for a particular purpose) and send you an invoice as required by the Lawyers and Conveyancers Act (Trust Account) Regulations 2008.
Insurance:
 We hold professional indemnity insurance which meets the minimum standards set by the Law Society.

 Lawyers' Fidelity Fund coverage:
 The Law Society maintains the Lawyers' Fidelity Fund for the purpose of providing clients of lawyers with protection against loss arising from theft by lawyers. The maximum amount 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.

 Limitation of liability:
 We limit our liability as to claims, retention of documents and matters reasonably beyond our control with electronic communications. Full details are in our Terms of Engagement.

 Keeping your records:
 We will retain or dispose of your records in accordance with our terms of engagement. We will provide copies to you in accordance with our obligations under the Privacy Act 1993 on request. We may charge for the cost of providing records to you.
  Law Society’s client care and service information:
 The Law Society’s 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 in which 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.

  Lawyers Complaints Service:
 If you have a complaint about the services you have received from our firm please contact Ian Watson.

If we have been unable to resolve a complaint or concern you may contact:

The Lawyers Complaints Service

Phone: 0800 261 801


Website: www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form


Email: complaints@lawsociety.org.nz