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.
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.
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.
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.
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 the services listed above. If your matter intersects with other professional disciplines, we may recommend you obtain independent advice from an appropriately qualified professional.
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. Our advice may not be relied upon by any third party without our prior written consent.
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 time spent, the complexity and urgency of the matter, the level of skill required, the importance of the matter to you, and the results achieved. Our current hourly rates are available on request.
Where reasonably practicable, we will discuss anticipated third-party expenses with you in advance. GST will be charged at the rate required by law. Unless otherwise stated, our rates are exclusive of GST. If accounts remain unpaid and no arrangements have been agreed, we reserve the right to charge interest on overdue amounts at 5% per annum or pause work on your matter.
To enable us to act effectively and in your best interests, we ask that you:
We rely on the information and instructions you provide. Clear and timely communication helps us to provide accurate advice and progress your matter efficiently.
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, or where disclosure is required or permitted by law.
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. From time to time, we may send you updates about legal developments we think may be of interest. Please let us know if you would prefer not to receive these.
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.
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 adhere to the above principles. If you would prefer that we do not use AI tools in connection with your matter, please let us know.
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.
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.
Failure to provide required information may prevent us from acting or continuing to act for you.
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.
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.
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.
Nothing in these Terms excludes or limits liability where such limitation is prohibited by law or inconsistent with our professional obligations.
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.
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.
You may also contact the New Zealand Law Society Lawyers Complaints Service — Phone: 0800 261 801 — www.lawsociety.org.nz
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.
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.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.