收費標准 LEGAL FEE STANDARDS
- 誠信律師事務所收費標準根據我們提供的具體服務項目而定,並可能因案件的複雜性、工作量和其他因素而有所不同來制定相關費用, 收費方式可能包括按小時計費、按件計費或基於特定項目的固定費用,所有費用均另加消費稅(GST)。
- 我們致力於提供透明和合理的收費制度並依照誠信收費,在與客戶達成協議之前,就收費事項提前告知客戶我們的收費方式和標準及進行清晰的溝通和說明。
- 每一份賬單都會清楚列明我們的工作細節並提供詳細的日期時間和工作記錄,使您能夠精確了解費用的具體用途,反映我們誠信透明的計費原則。
- 委托人亦可隨時要求我們提供最新的賬單及收費明細,我們將通過郵件發送方式發送至您的郵箱。
- 我們致力於與每位客戶建立長期的合作關係,如對賬單有任何疑問,我們歡迎您隨時聯繫我們進行咨詢,我們將竭誠為您解答。
- 由於在未完全瞭解案件詳情前,無法給出不負責任的報價,我們請求客戶的諒解與合作。
- The fee standards of Integritas Law Firm are determined based on the specific services provided and may vary due to the complexity of the case, the workload, and other factors. We will inform clients in advance of our billing methods and standards. These may include hourly rates, per case fees, or fixed fees based on specific items.
- We are committed to providing a transparent and fair billing system and will clearly communicate and explain billing matters before reaching an agreement with clients. Your legal fees will include detailed dates, times, and records of work performed. We adhere to honest billing, ensuring that each invoice is transparent and itemized, clearly detailing our work.
- Clients may request the most recent invoice and detailed fee statement at any time, which we will send via email. Without full knowledge of the complete case details, we cannot provide an irresponsible quote; please understand.
- We are dedicated to building a lasting partnership with our clients. If you have any questions about the invoice, you are welcome to consult with us at any time, and we will be earnest in providing you with answers.
Terms of Engagement
- Important: New Zealand AML/CFT Requirements (to have effect from 1 July 2018)
- New Zealand has passed a law called the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the AML/CFT law” for short). The purpose of the law reflects New Zealand’s commitment to the international initiative to counter the impact that criminal activity has on people and economies within the global community. Recent changes to the AML/CFT Act mean that from 1 July 2018 lawyers must comply with its requirements. Lawyers must do a number of things to help combat money laundering and terrorist financing, and to help Police bring the criminals who do it to justice. The AML/CFT law does this because the services law firms and other professionals offer may be attractive to those involved in criminal activity. The law says that law firms and other professionals must assess the risk they may face from the actions of money launderers and people who finance terrorism and must identify potentially suspicious activity. To make that assessment, lawyers must obtain and verify information from prospective and existing clients about a range of things. This is part of what the AML/CFT law calls “customer due diligence”.
- CUSTOMER DUE DILIGENCE REQUIREMENTS - Customer due diligence requires a law firm to undertake certain background checks before providing services to clients or customers. Lawyers must take reasonable steps to make sure the information they receive from clients is correct, and so they need to ask for documents that show this.
- We will need to obtain and verify certain information from you to meet these legal requirements. This information includes: • your full name; and • your date of birth; and • your address. To confirm these details, documents such as your driver’s licence or your birth certificate, and documents that show your address - such as a current bank statement - will be required. If you are seeing us about company or trust business, 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 also need to ask you for further information. We will need to ask you about the nature and purpose of the proposed work you are asking us to do for you. Information confirming the source of funds for a transaction may also be necessary to meet the legal requirements. You agree that we may charge you on a billable hour basis for the purpose of our compliance with AML/CFT requirements and it shall be deemed that such work shall constitute legal work for the purpose of such charges.
- IF YOU CANNOT PROVIDE THE REQUIRED INFORMATION - If we are not able to obtain the required information from you, it is likely that we cannot act for you. Because the law applies to everyone, we need to ask for the information even if you have been a client of ours for a long time. Before we start working for you, we will let you know what information we need, and what documents you need to show us and let us photocopy. Please contact the lawyer who will be undertaking your work, if you have any queries or concerns.
- Terms of Engagement:
- This document, to be read with the Client Information/ Instructions form, sets out the instructions you have given us and to outline key information about how we will work for you. Please read this two-page document very carefully. If you do not sign this document and yet still continue to instruct us after receiving it, you agree you will nevertheless be bound by the terms of this document. Your day-to-day contact at Integritas will be Mandy Ou. Ming Shue Paul Pang is the sole principal with overall responsibility for the matter. Other people may undertake work on your files from time to time. We will take instructions from and report to the person identified in our Client Information form that you have completed. If the form is not completed, the person shall be whoever has received this document and has control of the mechanism that received the document (e.g. email, WeChat, text, address etc.).
- As discussed, without a variation of retainer request from you, this is a limited retainer. For clarity, our service excludes inter alia the following: providing any advice, including legal advice as to - the quality of the property (including interests and encumbrances on the title), any Taxation Law and Overseas Investments Act 2005 or relevant law, finance, commerce, business, regarding guarantees, bank lending and mortgage contracts (including the details in the registrable memorandum of mortgage). We may voluntarily assist your decision-making by translating some difficult English words into Chinese (Cantonese or Mandarin), however this does not constitute provision of a translation/ interpreter service and cannot be construed as inviting, offering, or accepting a contract of provision of translating/ interpreting services. If you have any questions regarding the above please let us know. If at any time you have any concerns or wish to provide feedback about our service, please do not hesitate to contact our practice manager, Mandy Ou. If we cannot resolve your concerns directly through our internal complaints service you may make a complaint to the Lawyers Complaints Service. Details are provided in this document. 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 send you amended Terms. Our relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction. All amounts are in New Zealand Dollars unless otherwise stated.
- The services we are to provide for you (the Services) are already outlined above. In order to provide you with efficient advice and services and to provide the most cost-effective service, it may be that part or all of your instructions will be delegated to other professionals in our firm. You also agree that you are willing to continue instruct any outside lawyers who may need to exercise Power of Attorney or alternative attorney if required by law and this agreement still binds you when the Power of Attorney/ Alternate Attorney right is exercised.
- We will obtain from you contact details, including email address, postal address and telephone numbers. We may provide documents and other communications to you by email (or other electronic means) and you accept them knowing the risks involve, including potential for virus that may fully destroy your computer or electronic device and you agree to and continue to hold us indemnified if such a situation occurs. You will advise us if any of your contact details change. We will report to you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time. You agree that we may provide you from time to time with other information that may be relevant to you, such as newsletters and information bulletins. At any time you may request that this not be sent to you.
- The basis upon which we will charge our fees is set out above. If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of the Services. Work which falls outside that scope or if no legal fee rate is indicated above, legal fee will usually be charged at five hundred and forty dollars per hour plus gst which may be varied under the reasonable fee factors (see subsequent paragraphs). We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside of the agreed scope and, if requested, give you an estimate of the likely amount of the further costs. All urgent work will be charged at a minimum of six hundred and ninety dollars per hour plus gst. Hourly rate time spent is recorded in six-minute units. Hourly fees may be adjusted (up or down) to ensure the fee is fair and reasonable to take into account matters such as the complexity, urgency, value and importance of the Services. Attendances outside of Auckland attract a daily tariff fee on top of our usual fee and disbursements to cover travel (business class or lower), accommodation (four stars or lower), and opportunity cost. The factors to be taken into account in determining the reasonableness of a fee in respect of any service provided by a lawyer to a client include the following: the time and labour expended; the skill, specialised knowledge, and responsibility required to perform the services properly; the importance of the matter to the client and the results achieved; the urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client; the degree of risk assumed by the lawyer in undertaking the services, including the amount or value of any property involved; the complexity of the matter and the difficulty or novelty of the questions involved; the experience, reputation, and ability of the lawyer; the possibility that the acceptance of the particular retainer will preclude engagement of the lawyer by other clients; whether the fee is fixed or conditional (whether in litigation or otherwise); any quote or estimate of fees given by the lawyer; any fee agreement (including a conditional fee agreement) entered into between the lawyer and client; the reasonable costs of running a practice; and, the fee customarily charged in the market and locality for similar legal services.
- 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 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.
- In providing the Services we may incur disbursements and payments to third parties on your behalf. You authorise us to incur these disbursements (which may include such items such as search fees, registration fees, travel and courier charges) which are reasonably necessary to provide the Services. You also authorise us to make payments to third parties such as agencies on your behalf which are reasonably required to undertake the Services. These will be included in our invoice to you, shown as “disbursements” when the expenses are incurred. Office Service Charge Fee (Administrative expenses): In addition to disbursements, we may charge a service fee per invoice of two point two five per cent of the total amount of our fee per invoice or sixty dollars plus goods and services tax, whichever is the higher, to cover out of pocket costs which are not included in our fee and which are not recorded as disbursements. These include items such as photocopying and printing, postage and phone calls. Goods and services tax is payable by you on our fees and charges. We may also charge a software utilization fee per invoice of ninety dollars plus goods and services tax to cover the usage of software including but limited to LandOnline, Legal Practice Management, Legal Research and Analysis, as well as AI software that we may use from time to time. Invoices: We will send interim invoices to you, usually monthly, and on completion of the matter, or termination of our engagement. We may send you invoices more frequently when we incur a significant expense or undertake a significant amount of work over a shorter period of time. Payment: Invoices are payable on the date of the invoice, unless alternative arrangements have been made with us. You authorise us to deduct our fees and other expenses from funds held in our trust account on your behalf on provision of an invoice to you, unless those funds are held for a particular purpose. If you do not have sufficient funds to pay our invoice for this matter but you also have another matter with us which has sufficient funds in the trust account of that other matter, then you authorize us to utilize funds in that other matter to pay our invoice for this matter. If you have difficulty in paying any of our accounts, please contact us promptly so that we may discuss payment arrangements. If there are funds from you in our trust account, you irrevocably authorize that our legal fees, expenses, and disbursements be paid first priority before we comply with any instructions as to any remaining funds to be applied to other third parties. If your account is overdue we may: require interest to be paid on any amount which is more than one day overdue, calculated at the rate of twelve per cent above the overdraft rate that our firm's main trading bank charges us for the period that the invoice is outstanding; stop work on any matters in respect of which we are providing services to you; require an additional payment of fees in advance or other security before recommencing work; recover from you in full any costs we incur (including on a solicitor/client basis) in seeking to recover the amounts from you, including our own fees and the fees of any collection agency. You also agree that we hold an equitable charge against all your current and future real and personal property immediately on the expiry of one day after the invoice date for any fees, costs, or disbursements that are outstanding. You authorize us in relation to that charge, equitable charge to caveat any real property that you have an interest in and to register our interest by way of a general security agreement against your personal property in favour of us in the Personal Property Securities Register. You also authorize us to report you to any credit report agency of any unpaid fees, costs, or disbursements. Payment may be made by cash or by depositing into our law firm trust account in cleared funds. Our bank account details are provided in the invoice. If you are a Client company retaining us, then the natural person(s) signing this Terms of Engagement and/or the Client Information/ Instructions form shall (jointly and severally, if more than one natural person) guarantee the performance of payment obligations of the Company client to us and is/are therefore guarantor(s) of the Company client (“guarantors”). As between the guarantor(s) and us the guarantor(s) may for all purposes be treated as the Company client for the purpose of said obligations, that no release delay or other indulgence given by us to you, and that as between us and the guarantor(s) the guarantor(s) may for the purpose of enforcement of payment obligations be treated as the Company client and we shall be under no obligation to take proceedings against the Company client before taking proceedings against the guarantor(s).
- We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. We may do this, on reasonable notice, at any time. You agree we may refuse to undertake further work if you do not pre-pay amounts to us or do not provide security for our fees and expenses upon reasonable notice. Estimates: You may request an estimate of our fee for undertaking the Services at any time. If possible we will provide you with an estimate (which may be a range between a minimum and a maximum amount or for a particular task or step). An estimate is not a quote. Any significant assumptions included in the estimate will be stated and you must tell us if those assumptions are wrong or change. We will inform you if we are likely to exceed the estimate by any substantial amount. Unless specified, an estimate excludes gst, disbursements and expenses. Third Parties: Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, you remain responsible for payment to us in accordance with these Terms if the third party fails to pay us. In disputed or litigation matters, no one can guarantee the outcome of the matter. If you lose you may also be required to pay part or all of the costs of other party/ parties. Even if you win, you are unlikely to receive all of the costs you have paid out in the matter. The other party may also exercise rights of appeal, which may involve further costs and delays. Trust Accounting: We operate a trust account. All money received from you or on your behalf will be held to your credit in our trust account. Payments out of the trust account will be made either to you or to others with your authority. Written authorisation from you (and if we are acting for more than one of you, from all of you) will be required when payment is to be made to a third party. Before making a payment to another account we may require verification of the account details by provision of (for example) a copy of a deposit slip, cheque or bank statement showing the account number, or a signed letter from the relevant financial institution providing bank account details. A full record of our trust account is kept at all times. A statement of trust account transactions detailing funds received and payments made on your behalf will be provided to you periodically and at any time upon your request. Unless it is not reasonable or practicable to do so, when we hold significant funds for you for more than a short period of time we will place them on call deposit with a bank registered under s69 of the Reserve Bank of New Zealand Act 1989. Interest earned from call deposits, less withholding tax and an administration fee payable to us at five hundred and forty dollars per hour plus gst per transaction where the IBD account is administered, will be credited to you.
- Confidence: 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: to the extent necessary or desirable to enable us to carry out your instructions; or as expressly or impliedly agreed by you; or as necessary to protect our interests in respect of any complaint or dispute; or to the extent required or permitted by law. 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. Personal information and Privacy: In our dealings with you we will collect and hold personal information about you. We will use that information to carry out the Services and to make contact with you about issues we believe may be of interest to you. Provision of personal information is voluntary but if you do not provide full information this may impact on our ability to provide the Services. Subject to the confidentiality terms mentioned, you authorise us to disclose, in the normal course of performing the Services, such personal information to third parties for the purpose of providing the Services and any other purposes set out in these Terms. We may disclose your name and address to third parties such as credit agencies to perform a credit reference or to undertake credit management or collection processes if it is reasonable to do so. The information we collect and hold about you will be kept at our offices and/or at secure file storage sites (including electronic file storage sites) elsewhere. If you are an individual, you have the right to access and correct this information. If you require access, please contact Ming Shue Paul Pang. The Financial Transactions Reporting Act 1996 requires us to collect from you and to retain information required to verify your identity. We may therefore ask you to show us documents verifying your identity (such as a passport or driver’s licence). We may retain copies of these documents. We may perform such other customer verification checks as to your identity and checks as to the source of any funds associated with any transaction to which the Services relate as we consider to be required by law.
- We will keep a record of all important documents which we receive or create on your behalf on the following basis: We may keep a record electronically and destroy originals (except where the existence of an original is legally important such as in the case of wills and deeds). At any time, we may dispose of documents which are duplicates, or which are trivial (such as emails which do not contain substantive information), or documents which belong to us. We are not obliged to retain documents or copies where you have requested that we provide them to you or to another person and we have done so, although we are entitled to retain copies for our own records if we wish to do so. We will provide to you on request copies or originals (at our option) of all documents to which you are entitled under the Privacy Act 2020 or any other law. We may charge you our reasonable costs for doing this. Where we hold documents that belong to a third party you will need to provide us with that party’s written authority to uplift or obtain a copy of that document. Unless you instruct us in writing otherwise, you authorise us and consent to us (without further reference to you) to destroy (or delete in the case of electronic records) all files and documents in respect of the Services seven years after our engagement ends (other than any documents that we hold in safe custody for you or are otherwise obliged by law to retain for longer). We may retain documents for longer at our option. We may, at our option, return documents (either in hard or electronic form) to you rather than retain them. If we choose to do this, we will do so at our expense. We own copyright in all documents or work we create in the course of performing the Services but grant you a non-exclusive licence to use and copy the documents as you see fit for your own personal or commercial use. However, you may not permit any third party to copy, adapt or use the documents without our written permission.
- We are obliged to comply with all laws applicable to us in all jurisdictions, including (but not limited to): Anti-money laundering (AML) and countering financing of terrorism (CFT) laws; and Laws relating to tax and client reporting and withholdings. We may be required to undertake customer due diligence on you, persons acting on your behalf and other relevant persons such as beneficial owners and controlling persons. We may not be able to begin acting, or to continue acting, for you until that is completed. To ensure our compliance and yours, we may be required to provide information about you, persons acting on your behalf or other relevant persons to third parties (such as government agencies). There may be circumstances where we are not able to tell you or such persons if we do provide information. Please ensure that you and/or any of the persons described previously are aware of and consent to this. It is important to ensure that all information provided to us is accurate. If the information required is not provided, or considered by us to be potentially inaccurate, misleading, or in contravention of any law, we may terminate or refuse to enter into an engagement. You agree that we may charge you legal fees for the purpose of our compliance with AML/CFT requirements and that such compliance work shall be deemed that such work shall constitute legal work for the purpose of such charges. We are obliged to protect and promote your interests to the exclusion of the interests of third parties and ourselves as set out in the (Rules). This may result in a situation arising where we have a conflict of interest. We have procedures in place to identify and respond to conflicts of interest or potential 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 Rules. This may mean we cannot act for you further in a particular matter and we may terminate our engagement.
- Our duty of care is to you and not to any other person. We hold professional indemnity insurance that meets the minimum standards by the Law Society. We do not accept any responsibility or liability whatsoever to any third parties who may be affected by our performance of the Services or who may rely on any advice we give, except as expressly agreed by us in writing. Our advice is not to be referred to in connection with any prospectus, financial statement, or public document without our written consent. Our advice is opinion only, based on the facts known to us and on our professional judgement, and is subject to any changes in the law after the date on which the advice is given. We are not liable for errors in, or omissions from, any information provided by third parties. Our advice relates only to each particular matter in respect of which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters. Unless otherwise agreed, we may communicate with you and with others by electronic means. We cannot guarantee that these communications will not be lost or affected for some reason beyond our reasonable control, and we will not be liable for any damage or loss caused thereby. Limitations on our Obligations or Liability: To the extent allowed by law, our aggregate liability to you (whether in contract, tort, equity or otherwise) in connection with our Services is limited to five thousand New Zealand Dollars or the amount available to be payable under the Professional Indemnity Insurance held by the firm, whichever is lower. You may terminate our retainer at any time. We may terminate our retainer in any of the circumstances set out in the Rules including the existence of a conflict of interest, non-payment of fees, and failure to provide instructions. We may also terminate our retainer if you behave in any way that treats any member of firm discourteously or with disrespect, including any form of bullying, harassment, or discrimination. If our retainer is terminated you must pay us all fees, disbursements and expenses incurred up to the date of termination. In a litigation or disputed matter, if termination of retainer requires notice to a court, tribunal, or any party, of your change of legal representation/ act in person, you must take those steps upon termination. We may assist you, charged at our usual fees and disbursements (if any), in doing so but if you refuse (or ignore our request) and we are put in the position to have to apply to a court or tribunal to (seek leave to) withdraw as your lawyer, our usual fees and disbursements are payable by you as a result of such refusal or neglect in doing so.
- If you have any concerns or complaints about our services, please raise them as soon as possible with the person to whom they relate. They will respond to your concerns as soon as possible. If you are not satisfied with the way that that person has dealt with your complaint, please raise the matter with the lawyer responsible for your business or with Mandy Ou. We will inquire into your complaint and endeavour in good faith to resolve the matter with you in a way that is fair to all concerned. If you are not satisfied with the way we have dealt with your complaint the New Zealand Law Society has a complaints service to which you may refer the issue. You can call the 0800 number for guidance, lodge a concern or make a formal complaint. Matters may be directed to: Lawyers Complaints Service, PO Box 5041, Wellington 6140, New Zealand. Phone: 0800261801. To lodge a concern:www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form To make a formal complaint: www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint Email: complaints@lawsociety.org.nz
- Privacy Policy
- If you retain our services then this Privacy Policy will apply to you and you agree to be subject to this Privacy Policy. We collect personal information from you, including information about your name, contact information interactions with us, billing or purchase information. We collect your personal information in order to provide legal work for you and to comply with AMLCFT legislation requirements. Besides our staff, we share this information with Dimension GRC Limited and its affiliated software systems (Rapid ID Pty Ltd and the Document Verification Service provided by the Department of Home Affairs of the Australian Government) in order to perform customer due diligence, enhanced due diligence (where necessary), and all attendances pertaining to AMLCFT requirements. You confirm that you authorize us to provide your details to these aforementioned organizations, and that the information will be subject to an Information match Request in relation to relevant Official Record Holder information. The Information Match Request, the Information Match Result and other Information Match Data and our access to and use of these systems, may involve use of third party systems and services; as relevant that information provided to us in New Zealand will be transmitted to Australia and vice versa. The information you supply may also be used by Dimension GRC Limited to generate anonymised and aggregated statistical and analytical data ("Analytical Data"), they may use the Analytical Data for their internal research and product development purposes and to conduct statistical analysis and identify trends and insights, and supply Analytical Data to third parties. This Privacy Policy is subject to the provisions of the Terms of Engagement and the AMLCFT legislation. You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you would like to ask for a copy of your information, or to have it corrected, please contact us (Annie Li) at annie@ilfnz.com, or 09 905 4978, or PO Box 106265, Auckland City, Auckland 1143. We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information. We will take reasonable steps to keep your personal information safe from loss, unauthorized activity, or other misuse.