1.    Introduction

These standard terms of engagement (Terms) are the standard terms on which Malugo Darling Limited (MD or ‘we’) provides legal and related services.  They include information required to be provided under:

-        the ‘Rules of Conduct and Client Care for Lawyers’ issued by the New Zealand Law Society in 2008; and/or

-        the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015,

(together, the Rules of Conduct).  Because these Terms (as applicable) form part of our contract with you, if you disagree with any of them, you need to let us know immediately.  Otherwise we will take your continued instructions as acceptance of these Terms.  We are entitled to change these Terms from time to time and when we do we will update these Terms on this website.

2.    Client care and service information

Malugo Darling is committed to doing our best to ensure that your legal needs are met in any legal services that we provide to you.  We will:

-        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.  Those obligations are subject to other overriding duties, including duties to the courts and the justice system. 

3.    Foreign law matters

We are qualified to advise on New Zealand and Australian law only.  If we assist you in respect of matters governed by foreign laws other than New Zealand and Australian laws, we do so on the basis that we do not accept any responsibility in relation to your legal position under that foreign law.

4.    Fees and other charges

Unless otherwise agreed, our fees are based on the range of factors applied by the Rules of Conduct; including time, expertise, importance, urgency and results achieved.  We can provide you with a fee estimate on request.  This will be a guide only and not a fixed quote.  If you would like to know what our current charge out rates are, then please contact us.

We charge for disbursements and any travel expenses incurred on your behalf.  We also charge for office services (e.g. client files, photocopying, faxes and telephone calls).  Office services are charged at a flat rate of 2% of the legal fee charged.  Disbursements and office services will be itemised separately in your invoice.

5.    Billing arrangements

We usually issue interim monthly accounts and a final account on completion of your instructions.  Current payment terms are set out on invoices and, unless otherwise stated, are due for payment within 14 days of receipt of the invoice.  You must pay us when our invoice is due, whether or not you expect a third party to reimburse you for our fees (and whether or not you receive that reimbursement).

We may charge interest on any account that is more than 7 days overdue.  Interest will be calculated at the commercial overdraft rate charged by our bank as at the close of business on the date payment became due.

We will also charge you for any debt collection fees (including legal fees) that we incur in collecting any overdue accounts.

6.    Personal information

Client due diligence

We are required to undertake customer due diligence on our clients before providing certain services.  We may need to obtain and verify your full name, your date of birth and your current address, amongst other things.  To confirm these details, if we ask, you must provide us with documents such as your driver’s licence, passport or birth certificate and a current utility bill, bank statement, or insurance policy of which we will take a copy.

If you are seeing us about a company or trust, we will need information about the company or trust, including the people associated with it (such as directors and shareholders, trustees and beneficiaries).  We may obtain information from public records (i.e. Companies Office register).  However, we do not accept responsibility for any incorrect public information received that has not been kept up-to-date.

If you are not able to provide the required information, it is likely we will not be able to act for you.  Even if you have been a client of ours for a long time, we will need to ask for the information because the law applies to everyone.

We will perform customer due diligence and keep records and report any unusual or suspicious transactions where required by applicable Anti-Money Laundering and Countering Financing of Terrorism legislation.

Confidentiality

We regard client confidentiality as of paramount importance.  We will not disclose any confidential information obtained from you to any other person and will not disclose to you any confidential information received from another client or prospective client, unless required by law or by the Rules of Conduct.

7.    Electronic communication

Unless otherwise agreed with you, we may communicate with you and others at times by electronic means.  These communications can be subject to interference or interception or contain viruses or other defects (“corruption”).  We do not accept responsibility and will not be liable for any damage or loss caused in connection with the corruption of an electronic communication.

If you have any doubts about the authenticity of any communication or document purportedly sent by us, please contact us immediately.

8.    Conflicts

We may accept instructions from other clients or potential clients operating in the same or competing markets and whose commercial interests conflict with your own, provided those instructions do not involve the use of confidential information we have obtained from you.

If a legal conflict of interest arises, in relation to any matter on which you have instructed us, and your interests and those of any other client for whom we are also acting, we will inform you as soon as possible.

9.    Limitation of liability

To the extent permitted by law, our aggregate liability to you (whether in contract, equity, tort or otherwise) arising out of your engagement of us on a matter (or any series of related matters) is limited to five times our applicable fee (excluding our service charge, disbursements and GST).

10.Termination

We (for good cause) or you may terminate our engagement at any time by giving a reasonable period of notice.  You must pay our fees for work done and for other charges incurred up to the time of termination.  The enforceability of this agreement is not affected by termination.

11.Insurance

We hold insurance cover which is in excess of applicable Law Society requirements.

12.Complaints

If you have a complaint about our services, you may contact the complaints service run by either the:

-        New Zealand Law Society (visit www.lawsociety.org.nz  or call 0800 261 801 (within New Zealand)); or

-        the NSW Law Society (visit www.lawsociety.com.au or call +61 2 9926 0333).