PETRIE MAYMAN CLARK
MASTER TERMS OF BUSINESS – LEGAL AID

The Master Terms of Business – Legal Aid document together with letter confirming assignment of legal aid, form the initial Contract between
PETRIE MAYMAN CLARK(“PMC”) and the client (“You”).

Unless otherwise agreed in writing, any subsequent services performed by PMC will be provided by PMC on the basis of the Contract, including the Terms below.

1. Client Care and Service. Under the Lawyers and Conveyancers (Lawyers Conduct and Client Care) Rules 2008, PMC 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 objections 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.
   • Give you clear information and advice.
   • Protect your privacy and ensure appropriate confidentiality. However, for legal aid purposes, PMC are permitted to disclose matters to the Legal Services Agency in accordance with any funding agreement.
   • 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 (“the Rules”). 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.lawyers.org.nz or call the New Zealand Law Society on (04) 472 7837.

2. Terms and Termination.. The Contract will continue until all the Services have been provided unless sooner terminated. Subject to any Legal Services Agency requirements, either party may terminate the Contract by written notice or if the other party fails to remedy a material breach of the Contract. Any of the terms and conditions of the engagement letter or the Terms that are intended to apply after completion of the Services will continue to apply following termination.
3. Fees – Legal Services Agency. An application has been or will be made to the Legal Services Agency for a grant of legal aid in respect of the matter on which you have instructed us. If legal aid is granted, it will be granted at legal aid rates prescribed from time to time by law and administered by the Legal Services Agency. The Legal Services Agency will inform PMC and you in writing as to whether the application has been successful and, if so, the amount of cost that has been approved. If legal aid is not granted, you will be responsible for our fees. It is the policy of this firm that our fees are to be paid before we appear on your behalf in Court. Failure to do so may cause delays with your Court Hearing, and may lead to us recommending you instruct alternative Counsel.

   You may have to repay some of your legal aid to the Legal Services Agency, depending on how much you earn, what property you own, how much your case costs, and on how much money you win from your case, if applicable. The Legal Services Agency uses the financial information you give on your application form to work out whether you have to pay anything. The Agency will tell you the maximum amount you may have to repay when it tells you if you have been granted legal aid. If you are a beneficiary with no assets, it is unlikely that you will have to repay any of your legal aid. To obtain further information, contact the Legal Services Agency on 03 363 6500.

4. Information. You will provide in a candid, full and timely fashion all information and documents reasonably required to enable PMC to provide the Services. Unless otherwise required pursuant to the engagement, PMC will have no responsibility to independently verify the accuracy of such information and documents. PMC will not be liable for any loss or damage arising from any inaccuracy, incompleteness or other defect in any information or documents supplied by You.
5. Workpapers. The workpapers produced by PMC in the course of its work in providing the Services are the property of PMC. PMC shall be entitled to retain its work papers and copies of any documents provided to it in the course of performing its Services. Work papers will also include documents or deeds relevant to your affairs although not necessarily relevant to the Services.

   On providing the Services PMC will open a file. The file retained by PMC will be stored and kept for at least seven years. After that period of time the file may at PMC’s sole discretion be destroyed. If the client sends to PMC any papers which ultimately form part of that file which are to be returned to the client, please be sure to advise PMC accordingly at the time these are supplied.

   In respect of Deeds or documents PMC reserves the right to retain those Deeds and documents until all monies due for costs, office services or disbursements are paid. PMC requires this right to retain any such Deeds and documents even if the monies are due for services unrelated to those documents. PMC’s position in this regard is contrary to the usual common law position which would otherwise exist.

6. Confidentiality. PMC will not disclose to third parties any confidential information relating to the Services unless either authorised by You or compelled by law, or as is necessary to provide the Services.
7. Professional Indemnity Insurance. PMC holds Professional Indemnity Insurance which meets or exceeds the minimum standards specified by the New Zealand Law Society. We will provide you with particulars of the minimum standards upon request.
8. Lawyers Fidelity Fund. The Law Society maintains the Lawyers Fidelity Fund for the purposes 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 $100,000.00. Except in certain circumstances specified in the Lawyers & 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.
9. Investment (Family/civil legal aid only). From time to time PMC may receive on behalf of You various funds. Unless otherwise instructed, or the quantum of the funds retained is so minimal as to not warrant investment, all funds will if practicable be deposited to Your credit in an interest bearing deposit account within PMC’s Trust Account.

   All interest accrued less usual Resident Withholding Tax and Accounts Department handling commission, at a rate of 7% of net interest accrued, will be for the credit of the You. PMC will, at such time as all funds are released to You, provide a statement identifying the sum of all interest received and any deductions made.

10. E-mail. While we use standard virus checking software, we accept no responsibility for viruses or anything similar in any emails or any attachments which come from PMC. We also do not accept any responsibility for any changes to, or interception of, any email or any attachment after it leaves our information systems.
11. No Assignment or Benefit. You may not assign the benefit of the Services to any third party without the written consent of PMC. For the avoidance of doubt the sole beneficiary of the Services under this Contract is You. No other party is intended to take a benefit under the Contracts (Privity) Act 1982.
12. Health and Safety. The Health and Safety in Employment Act 1992 obliges PMC to take all practical steps to ensure the health and safety of its staff engaged on any assignment. PMC and You will be mutually responsible to ensure the safety of PMC staff and to see no harm is caused to them in Your workplace. You shall ensure that the Act is fully complied with when PMC personnel visit Your worksites.
13. Governing Law. PMC and You agree that the Contract and their relationship will be governed by the applicable laws of New Zealand and submit to the exclusive jurisdiction of the New Zealand Courts.
14. Conflicts of Interest. PMC have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises, we will advise both you and the Legal Services Agency and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.
15. Complaints. PMC 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 our services, you may refer your complaint to the person in our firm who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to the Administration Manager by any of the following methods:
    • A letter to Petrie Mayman Clark, PO Box 803, Timaru 7940;
    • An email to admin@pmc-law.co.nz;
    • Telephoning on 03 687 9480.

    If you are not satisfied with the outcome, you have the right to take the matter up with the New Zealand Law Society, PO Box 5041, Lambton Quay, Wellington 6145 (Telephone 04 472 7837).