STANDARD TERMS AND CONDITIONS OF ENGAGEMENT
AND PAYMENT OF OUR PROFESSIONAL FEES

Introduction
John Dean and his staff ("JDLO") are pleased to be of assistance, and will always act in your best interests and hold in confidence all information about you. We will sincerely endeavour to achieve the best possible results for you. We will report to you on a regular basis by letter or by telephone as to the progress of matters about which you have instructed us. We are caring about clients’ results and will endeavour to deliver cost effective legal services.

These Standard Terms and Conditions of Engagement and Payment of our Professional Fees apply in respect of work carried out by us for you, except as otherwise agreed in writing.

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.

Confidentiality
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.

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.

We will of course, not disclose to you confidential information which we have in relation to any other client.

Personal Information
You authorise JDLO to make any credit reference and other enquiries JDLO in its discretion may deem necessary in terms of this retainer.

Conflict 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.

Termination
(a) You may terminate our retainer at any time.
(b) We may terminate our retainer in any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers
(c) If our retainer is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.

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) seven years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.

Insurance and Investments
We may be instructed or required to arrange insurance or investments on behalf of clients. Payment of commission or brokerage may be made to us by the company or institution with whom the insurance cover or investment is placed.

Trust Account
We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank. In that case we will charge an administration fee of 5% of the interest derived.

Disbursements
From time to time we are required to make payments on your behalf. We will generally ask you to provide us with sufficient funds to meet payment of disbursements as they are incurred. We cannot undertake to pay any disbursements on your behalf where we are not holding funds, and we cannot accept any responsibility for the consequences of not making such payments.

Fees
We are happy to discuss the likely costs of undertaking work on behalf of our clients. Our fees currently charged on a blended rate from $50.00 per hour to $300.00 per hour plus GST. The difference in the rates reflect the experience and specialisation of JDLO members.

We may require you to pay fees and disbursements in advance.

There are a number of different factors which may determine the final fees which we charge for work undertaken, therefore only an estimate of fees can be given, except in special circumstances. The factors which determine the final fee include:

(a)The time and labour expended;
(b) The skill, specialised knowledge, and responsibility required to perform the services properly;
(c) The importance of the matter to the client and the results achieved;
(d) The urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client;
(e) The degree of risk assumed by JDLO in undertaking the services, including the amount or value of any property involved;
(f) The complexity of the matter and the difficulty or novelty of the questions involved;
(g) JDLO’s experience, reputation, and ability;
(h) The possibility that the acceptance of the particular retainer will prelude engagement of JDLO by other clients;
(i) Whether the fee is fixed or conditional (whether in litigation or otherwise);
(j) Any quote or estimate of fees given by JDLO;
(k) Any fee agreement (including a conditional fee agreement) entered into between JDLO and the client;
(l) The reasonable costs of running a practice;
(m) The fee customarily charged in the market and locality for similar legal services.
Corporate Clients
Member(s), shareholder(s), officer(s) of any incorporated or non-incorporated association(s) for which JDLO undertakes any work are jointly and severally liable to meet payment of JDLO fees and disbursements. The undersigned party/parties acknowledge their liability to pay JDLO and agree to the terms of this retainer.

Terms of Payment of Fees
Conveyancing: Payment in full on settlement, with costs usually being paid by deduction from moneys held on behalf of the client.

Business Transactions: For matters continuing over an extended period of time clients will be billed on a monthly or bimonthly basis.

Litigation and Tribunal Matters: These matters will be generally billed on a monthly or bimonthly basis. Where we brief counsel on a client’s behalf we will generally require payment of counsel’s fee to be paid immediately or by further arrangement.

You authorise us to deduct all fees and disbursements from any funds held on your behalf in our Trust Account for any matter, even if unrelated to the bill rendered by JDLO, and in respect of which we have rendered invoices.

Other Payment Options
Agreed monthly instalments can be paid based on an advance estimate of fees. That is, an invoice will be issued at the end of the assignment showing the balance to be paid or refund required to be made to the client.

A lump sum fee paid in advance in addition to disbursements. On completion of an assignment a bill will be issued for any balance due which is then payable within 30 days.

Flexibility
We will always make reasonable arrangements to suit clients’ particular circumstances and will discuss any specific requirements including contingency arrangements.

Conditions of Payment
You will appreciate that JDLO expect to get paid for work undertaken on clients’ behalf from the date of your initial instructions, which may predate this retainer. Payment may be made by cash, cheque or automatic payment. JDLO will charge interest on accounts which remain unpaid one month from the date of issue at the rate of 2% per month or part thereof.

If costs are not paid in full by the due date which, (unless otherwise stated) is one month after the date of the invoice, you will be liable to pay all JDLO office and/or legal costs of recovery on a solicitor–client basis (including issuing legal proceedings); and JDLO may take security over any of your property on account of outstanding costs. Until payment of all amounts owing to JDLO is made in full, JDLO may retain all your files and documents.

Limitations On Extent Of Our Obligations Or Liability
To the extent permitted by law:
• Our aggregate liability, together with and including that of our partners, consultants and employees, in respect of all causes of action and claims, whether in contract, tort or otherwise, arising in connection with, or in relation to, our engagement is limited to NZ$750,000.00;
• We shall not be liable, whether in contract, tort or otherwise, for any loss (whether direct or indirect) of profits, business, anticipated savings or other economic loss or for any indirect, special or consequential loss, even if we were or should have been aware of the likelihood of such loss; and
• You may not bring any action against us, regardless of form, more than one year after the cause of action has arisen. 

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

We are entitled to change these Terms from time to time, in which case we will notify you of the amended Terms by posting them on our web page: www.jdlo.co.nz.

Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.

Acknowledged and Agreed:

Dated: