Markit Law
Terms of professional service
Thank you for asking us to act for you. Before agreeing to do so, we need to formally give you our standard terms of engagement, to provide to you certain information and to set out a number of other matters.
Consequently, we attach:


Services to be provided - your objectives

Before we can act for you we need to know what is the issue, what are your objectives and who are the other parties. We can then advise whether we are able to assist you.

Fees

We generally calculate our fees on a time and attendance basis. When we know the services you require we can give you our applicable hourly rates.

However, when we set our fees we can (but do not have to) also take into account a number of other matters. These are set out in clause 19 of the attached terms of engaging our professional services.

Usually, we do not separately charge for office services (e.g. copying, telephones, couriers and the like) unless they amount to more than $50 in any given month.

We will usually render a monthly invoice. Payment is required 20 days after the date of the invoice. If at any time you think you will not be able to pay our accounts on time, you should discuss this with us.

For further information on our fees and other costs please refer to the attached terms of engaging our professional services (clauses 17 to 26).

Responsibility for Services
Our Principal, Mr Paterson, will have the general carriage of or overall responsibility for our services we provide for you. There are times that we request the specialist research team at the High Court Library undertake legal research. We instruct barristers and contract in other lawyers to undertake some work for us from time to time, particularly when we have conflicting court matters or to assist with handling more complex matters. We will discuss this with you.

Limitations on my obligations or liability
There are a number of limitations on our obligations or liability which are set out in our attached standard terms of engaging our professional services (PDF 74kb). We draw your attention to the following overview of a number of clauses in our standard terms:

  • Clauses 4 and 5 - sets out more fully that our duty to protect your interests is subject to our overriding duties as an officer of the High Court, our obligation to uphold the rule of law and to facilitate the administration of justice in NZ.
  • Clause 6 - sets out more fully our legal services we provide to you are only for you and no one else.
  • Clause 7 - sets out more fully that what we do is limited to your instructions.
  • Clause 9 - sets out more fully that we are not responsible for anything which happens in connection with any email that is intercepted or which contains any virus, worm, Trojan horse or other harmful or malicious codes or defects.
  • Clause 14 - sets out more fully that we have no duty to utilise information and documentation you have previously given to us in relation to any other transaction or matter.
  • Clause 15 - sets out more fully that we are not responsible for information we obtain from other persons and entities to properly carry out your instructions not being truthful, accurate or complete.
  • Clause 34 - sets out more fully that our liability in connection with our services is limited to the lesser of: (a) 10 times the total fees we have charged (excluding GST and disbursements) for the specific service at issue; and (b) $100,000.

The above is only an overview of what is contained in those clauses. We recommend you read each clause carefully so that you are fully aware of these limitations.

Acceptance of basis we will act for you

If we confirm we can act for you and you then instruct us to proceed, you will be bound by these terms. These terms will apply to all further work we undertake for you unless expressly stated otherwise in writing.