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Terms of Engagement

This summarises the terms on which I accept instructions as a Barrister, the basis on which my professional fees are charged, and other relevant information.

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I am providing this information to assist clients and instructing solicitors.

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Client Care

The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers (the Rules) and set out below.

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Acceptance of Instructions

I will accept instructions to act in compliance with the Rules when the following requirements are met:

  • I am offered instructions in an area of law in which I have the necessary current knowledge and expertise, which is all areas of civil litigation.

  • I am not conflicted from accepting those instructions;

  • I have the capacity to undertake the work required;

  • The client commits to pay my fees and makes acceptable arrangements in that regard.

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My capacity and Experience

​In relation to my experience, I was admitted as a barrister and solicitor of the High Court of New Zealand in June 2016 and have practised predominantly in litigation since that time. I have a background in general civil litigation however most of my practice centres on trust, estate and relationship property litigation. I am also admitted in Fiji and Tuvalu.

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Advocacy Experience as a Barrister

I have significant advocacy experience as a Barrister and Solicitor which includes appearing before the Court of Appeal, High Court, District Court and Family Court as sole or lead counsel.

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Direct Instructions

As the New Zealand Law Society has granted me approval to take direct instructions from clients, I do not require an instructing solicitor when I act for clients, unless:

  • a case involves proceedings in the Employment Court in the first instance or proceedings in or an appeal to the High Court, Court of Appeal, District Court or Supreme Court; or

  • A Family Court case involves complex property matters.

  • I consider that in all the circumstances it would be in the client's best interests or in the interests of justice for an instructing solicitor to be retained.

 

Fees

  • The basis on which my fees will be charged is as follows:

    • ​I will record our time (rounded up to six-minute units) at the agreed rate and charge this to you; 

    •  my fees on hourly rates may be adjusted (upwards or downwards) to ensure the fee is fair and reasonable to take into account matters such as the complexity, urgency, value and importance of the work. Full details of the relevant fee factors are set out in Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). 

    • I will ordinarily charge an hourly rate of $430.00 plus GST, subject to the above fee factors. 

  • I usually render invoices every fortnight.  I require payment within 7 days of receipt.

  • I may ask you from time to time to hold funds in your solicitor’s trust account on account of my fees.  

  • Disbursements (such as photocopying and travel expenses) will be in addition to my fees.

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Legal Aid

I am proud to offer legal aid in appropriate cases. Legal Aid is governed by the Legal Services Act 2011 and the associated regulations. Legal Aid is administered through the Ministry of Justice.

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I will submit invoices in relation to your grant of aid to the Legal Services Commissioner and provide you with copies. The Legal Services Commissioner will write to you about any conditions or repayment obligations that you may have in relation to the grant of legal aid and your rights as an applicant or recipient of legal aid.

You should be aware at this time that legal aid is not always free. You may be required to repay your legal aid grant and pay a user charge fee.

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If you are required to repay your legal aid grant, the Ministry will write to you to tell you how much you are required to pay.​ You should read these letters carefully and keep them for later reference.

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You must let the Legal Services Commissioner know if there is any change in your and your partner’s contact details, employment status, family circumstances or financial details.

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Professional Indemnity Insurance

I hold professional indemnity insurance that meets or exceeds the minimum standards specified by the New Zealand Law Society.

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Lawyers Fidelity Fund

The lawyers’ fidelity fund does not provide any cover in relation to a barrister sole as barristers sole do not hold clients’ funds.

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Complaints

If you have a complaint about my services, I would be happy to meet with you to discuss the nature of the complaint so that we can attempt to resolve it.

 

If you do not wish to meet with me to discuss the complaint, or if we meet and are unable to resolve it, then I invite you to refer your complaint to Ali Romanos whose contact details are  021 0210 2101 and ali@aliromanos.com. I will be guided by any view that Ali Romanos forms on the matter.

 

If you do not wish to have the complaint dealt with in that fashion, or if you are not satisfied with the response to your complaint, you may refer your complaint to the New Zealand Law Society. Call 0800 261 801 or email complaints@lawsociety.org.nz.

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Limits on my obligation and liability to you

You agree that in the (unlikely) event that my actions (or inactions) cause you to suffer loss or I am liable to you in some other way, my aggregate liability to you (whether in contract, tort, equity or otherwise) is, to the extent permitted by law, limited to the greater of: 

  • the amount payable under my insurance, where the liability is covered by my insurance; or

  • five times the fees you paid me, up to a maximum of $200,000. 

This maximum applies to any liability that may arise in any way.

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Client Care and Service Information

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 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 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.lawsociety.org.nz or call 0800 261 801.

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