Standard Terms of Engagement
Arcwell Legal Limited (trading as Arcwell Legal)
These Standard Terms of Engagement apply to all current and future instructions provided to Arcwell Legal Limited (trading as Arcwell Legal) ("Arcwell Legal", "we", "us"), unless we agree otherwise in writing. They form part of our agreement with you, together with any engagement letter issued for your matter.
Arcwell Legal Limited is a limited liability company registered in New Zealand under the Companies Act 1993.
Our website address is www.arcwellpartners.co.nz. The domain is used for branding and accessibility purposes only. All legal services are provided by Arcwell Legal Limited.
We encourage you to read these Terms carefully. If anything is unclear, please ask — we are happy to explain.
1. Our Commitment to You (Client Care)
We provide legal services in accordance with the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules).
When you engage Arcwell Legal, you can expect that we will:
act competently, diligently, and in your best interests;
use due care and skill in carrying out your instructions;
provide clear, practical and considered advice;
explain your options and likely outcomes in a way you can understand;
protect your confidentiality and privacy;
keep you appropriately informed about progress and costs;
treat you fairly, respectfully, and without discrimination; and
inform you of your right to raise concerns or make a complaint.
We act in accordance with your instructions, subject to our professional and ethical obligations.
Many of our clients engage us during periods of personal transition. Our role is to provide steady, measured guidance through that process.
2. Who Will Work With You
A partner or senior lawyer will have overall responsibility for your matter. Other lawyers or support staff within Arcwell Legal may assist as appropriate to ensure efficient and cost-effective service.
We remain responsible for all work carried out on your matter.
3. Scope of Services
Our services are limited to the specific matter or matters agreed with you in writing or confirmed in our engagement letter.
We provide legal advice on New Zealand law only.
Unless expressly agreed otherwise, we do not provide:
accounting or taxation advice;
investment advice;
commercial or business strategy advice; or
advice on laws outside New Zealand.
If your matter intersects with other professional disciplines, we may recommend that you obtain independent advice from an appropriately qualified professional.
4. Basis of Our Advice
Our advice:
is provided solely for your benefit;
applies only to the matters specifically addressed;
is based on the information and instructions you provide; and
reflects the law as it stands at the time the advice is given.
If relevant facts change or further information becomes available, our advice may need to be reconsidered.
Our legal duties are owed only to you, the client named in the engagement. We do not owe a duty of care to any other person unless we expressly agree in writing. Our advice may not be relied upon by any third party without our prior written consent.
5. Fees and Disbursements
Our fees are determined having regard to the factors set out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, including the factors relevant to whether a fee is fair and reasonable.
These include:
the time spent;
the complexity and urgency of the matter;
the level of skill, specialised knowledge and responsibility required;
the importance of the matter to you; and
the results achieved.
Our current hourly rates are available on request and may be reviewed periodically.
Estimates and Updates
If you would like an estimate of fees, we can provide one on request. Any estimate is a guide only and not a fixed quote.
We can also provide periodic updates on fees incurred, or notify you when fees reach a level you specify, if that would assist with budgeting.
Third-Party Expenses (Disbursements)
In some matters, it may be necessary to incur expenses with third parties — for example court filing fees, expert reports, valuations, or travel costs.
Where reasonably practicable, we will discuss anticipated third-party expenses with you in advance and seek your approval before they are incurred.
You remain responsible for approved third-party expenses.
Invoicing and Payment
We issue invoices periodically so that costs remain transparent and manageable. Payment is due within the timeframe stated on the invoice.
GST will be charged at the rate required by law. Unless otherwise stated, our rates and any estimates provided are exclusive of GST.
You remain responsible for payment of our invoices when due, even if you expect another person to contribute to or reimburse your legal costs.
If you have any questions about an invoice, we encourage you to raise them promptly so that we can address them constructively.
If accounts remain unpaid and no arrangements have been agreed, we reserve the right to charge interest on overdue amounts at a rate of 5% per annum or pause work on your matter. We will seek to discuss any concerns with you first.
6. Client Responsibilities
To enable us to act effectively and in your best interests, we ask that you:
provide complete, accurate, and honest information;
promptly supply relevant documents and instructions;
inform us of any material changes in your circumstances;
respond to requests for information within reasonable timeframes; and
pay our invoices in accordance with the agreed terms.
We rely on the information and instructions you provide. Clear and timely communication helps us to provide accurate advice and progress your matter efficiently.
If you are unsure what information is relevant, please ask — we are here to assist.
7. Confidentiality
We hold all information concerning you and your affairs in strict confidence in accordance with our professional obligations.
We may disclose information:
to lawyers and staff within our firm;
to trusted service providers who assist us in delivering legal services; or
where disclosure is required or permitted by law.
We take reasonable steps to ensure that any service providers engaged by us are subject to appropriate confidentiality obligations.
8. Privacy and Personal Information
Arcwell Legal is an "agency" under the Privacy Act 2020.
We collect, use, store and disclose personal information for the purposes of:
providing legal services;
complying with legal and regulatory obligations; and
managing our professional relationship with you.
We use secure practice management and document systems to store and manage files, and we may use specialist providers for secure data processing and storage. We take reasonable steps to ensure these providers protect confidentiality and privacy.
From time to time, we may send you updates about legal developments or events we think may be of interest. Please let us know if you would prefer not to receive these communications.
9. Electronic Communications
We may communicate with you electronically.
While we take reasonable precautions, electronic communications are not always secure or free from interference. Unless you instruct us otherwise in writing, you consent to the use of electronic communications and accept the inherent risks associated with them.
10. Reliance on External Information
In carrying out your instructions, we may rely on information provided by you, other advisers, or obtained from public records or government agencies.
While we exercise reasonable care, we cannot guarantee the accuracy or completeness of information supplied by third parties.
11. Use of Technology and Artificial Intelligence
We may use secure technology tools, including artificial intelligence systems, to assist us in delivering legal services efficiently. These tools may support tasks such as research, drafting, document review and administrative processes.
Where such tools are used:
we do so in accordance with our professional and confidentiality obligations;
we use secure platforms designed to protect client information; and
all legal advice is reviewed and finalised by a qualified lawyer.
If you would prefer that we do not use AI tools in connection with your matter, please let us know. We will respect your preference and discuss any practical implications with you.
If you would like to understand more about how we use technology, please ask.
12. Conflicts of Interest
We undertake conflict checks before accepting instructions and throughout our engagement.
If a conflict arises, we will inform you promptly and act in accordance with our professional obligations, which may include ceasing to act.
13. Anti-Money Laundering and Client Verification
In some matters, we are required to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
Where applicable, we may request information to verify your identity or the source of funds. You agree to provide such information promptly if requested.
Failure to provide required information may prevent us from acting or continuing to act for you.
14. File Retention
We retain client files in accordance with legal and professional requirements.
At the conclusion of your matter, we can provide copies of key documents on request.
After the applicable retention period has expired, we may securely destroy or delete files without further notice.
15. Termination
You may terminate our engagement at any time by written notice.
We may terminate our engagement where:
fees remain unpaid;
instructions are not provided;
a conflict of interest arises; or
continuing to act would breach our professional or ethical obligations.
You remain responsible for fees and disbursements incurred up to the date of termination.
16. Limitation of Liability
Arcwell Legal Limited is a limited liability company.
To the extent permitted by law, our liability to you is limited to the amount of professional indemnity insurance available to meet the claim.
If any loss or damage is caused or contributed to by you or by a third party for whom we are not responsible, our liability will be limited accordingly, to the extent permitted by law.
Nothing in these Terms excludes or limits liability where such limitation is prohibited by law or inconsistent with our professional obligations.
17. Professional Indemnity Insurance and Fidelity Fund
We maintain professional indemnity insurance that meets or exceeds the minimum standards required by the New Zealand Law Society.
The New Zealand Law Society also operates a Lawyers' Fidelity Fund, which may provide limited protection for clients in certain circumstances.
18. Complaints
We are committed to providing high-quality legal services.
If you have concerns about our services, please contact the lawyer responsible for your matter in the first instance so that we can attempt to resolve the issue promptly and constructively.
You may also contact:
New Zealand Law Society Lawyers Complaints Service
Phone: 0800 261 801
Website: www.lawsociety.org.nz
19. Amendments
We may update these Terms from time to time. The version published on our website at the time of your engagement will apply unless otherwise agreed in writing.
Continued instructions following publication of updated Terms will constitute acceptance of those Terms.
20. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
21. Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand.
The New Zealand courts have exclusive jurisdiction to determine any dispute arising from or in connection with our engagement.