TERMS OF ENGAGEMENT - FIJI

Introduction

 

1. These are the standard terms and conditions which govern all instructions received by Joshua Pietras from his clients. These conditions may only be varied by agreement in writing.

 

2. Where Joshua Pietras has accepted instructions based on standard engagement terms set by clients (Client Terms), these terms and conditions apply to the extent that they are not inconsistent with Client Terms.

 

Workscope letters

 

3. Joshua Pietras opens specific files for specific tasks and/or cases, except for General Attendances files which are left open for a calendar year to record time spent on ongoing matters of a minor, miscellaneous or repetitive nature and for which it would be impractical open separate files.

 

4. Generally Joshua Pietras will issue workscope letters when opening a new client file. The workscope letters set out in brief form the nature of the instructions received; my estimate of the cost to the client of the assignment; and other matters relevant to the instructions.

 

5. Workscope letters may not be issued if:

 

(a) the instructions are urgent and the work may be completed before there is time to complete a workscope letter

 

(b) the matters normally covered in a workscope letter are covered (expressly or impliedly) by separate or long-standing arrangements.

 

Fee estimates in workscope letters are addressed below.

 

Responsibility for the work

 

6. I will have overall responsibility for work done for you on any assignment. I will sign your workscope letter. Where no workscope letter is issued, I will generally be known to the client already.  

 

7. Other lawyers and/or legal executives may work on your professional matters from time to time. You should feel free to communicate as necessary with me on any aspect of our relationship.

 

Instructions

 

8. I may receive instructions orally or by written or other electronic means. I will act in accordance with these instructions and not otherwise. If an urgent matter arises on which I cannot practically receive your instructions, I may act without instructions to protect your interests. I will immediately inform you in any such event. I will not be liable to you for breach of instructions where I am shown to have acted reasonably, in good faith and in your best interests.

 

Reliance by third parties on advice or assistance we give

 

9. My work is performed only for clients and taking account of the clients’ particular circumstances. I do not assume a duty of care to any third party in respect of our work unless I agree in writing to do so.

 

Confidentiality and privilege

 

10. I will hold as confidential all information you give me and assert legal professional privilege over all information I hold which is entitled to such privilege. You accept that there may be circumstances in which I am bound by law to deliver all or any confidential information to public authorities. Wherever it is practical and lawful to do so, I will inform you of any request or demand for information and/or when I have released such information and, where it is possible, take steps if instructed to object to production or disclosure of such information.

 

Billing/fees

 

11. My fees are estimated excluding disbursements and Goods and Services Tax or Value Added Tax (“VAT”)[1]. These are charged primarily in accordance with time spent on the work at differing hourly rates, which are usually adjusted with effect from 1 April each year. My hourly rate is FJD 450 plus VAT or NZD 450 plus GST, depending on whether the client is based in Fiji, New Zealand or elsewhere . Where more than one lawyer or legal executive is engaged to work on a client matter, I reserves the right to allocate work between them as I considers appropriate, taking into account the level of expertise required by the work to achieve the best outcome for the client.

 

12. Communication (telephone, facsimile, email, postage) and printing/copying (photocopying, printing, binding and related work) may, depending on quantum, be charged on a full cost recovery basis (generally we do not on-charge these costs when they are not material). Other disbursements (filing/application fees, official fees and miscellaneous costs like agency fees or travel costs) are separately itemised. Fees charged by the bank are debited to my client accounts.

 

13. Our policy is to render progress accounts on a monthly or two-monthly basis, depending on the nature of the work done. We may also issue separate invoices or debit notes to cover significant actual or anticipated disbursements such as court and/or application fees or experts’ fees. Where disbursements on account reach an amount of F$200 or higher without arrangement, these are automatically billed to the client.

 

14. Our bills of account normally set out only a brief narrative description of the work undertaken in the period covered. This is quicker for us to prepare; it is also intended to protect client confidentiality in the event our invoices are seen by third parties. However, we are always willing to supply further details of work done for you, including time records, if you require.

 

Payment

 

15. My normal practice, for clients who are either new to my practice or based offshore, is to require advance payment to cover all estimated costs of the work on which we are instructed, and to require further payments on account if necessary.

 

16. Advance client payments, where accepted, are generally deposited in my FJD trust account. They are generally only transferred to our office account after an account is rendered and approved by our client. Certain fee recovery rights exist for Fiji lawyers under the Trust Accounts Act 1996 (including the transfer to our office account of moneys paid into trust account more than 30 days after an invoice has been rendered and not disputed). We reserve the right to deduct from moneys deposited in trust general disbursements and office expenses reasonably contemplated as necessary when instructions were initially given to us.

 

17. Payment terms on invoices are 14 days of receipt. When remitting funds please state your file reference to ensure your payment is receipted correctly. We reserve the right to charge interest at the rate of 10% per annum, accruing on a daily basis, on payments past due date.

 

18. Unless we expressly release you from your obligation to pay us, you remain liable for payment of our invoices even if a third party has agreed with you to pay them or we have agreed to accept payment from a third party (who later does not pay us).

 

Trust accounts

 

19. I am a consultant to Turuva Legal, which operates a trust account in Fijian dollars.  Fiji does not distinguish between barristers and solicitors, but New Zealand does not allow barristers to operate a trust account themselves.  

 

Details of this account will be provided, as required. While these are not generally used to receive advance payments for fees, arrangements can be made for this purpose if required.

 

20. Moneys paid into Turuva Legal's trust account (whether as advances for fees or otherwise) do not earn interest. Generally demand deposit interest rates in Fiji are low or non-existent; fixed term deposits are low and it is often uneconomic to invest trust moneys for short periods. Turuva Legal will invest moneys held in our trust account in interest-bearing deposits, if you so instruct us. Interest earned may be subject to Resident Interest Withholding Tax (currently 10 %) charged to me and which may not be recoverable for non-resident clients.

 

Tax

21. We require payments made to us on invoice to be made gross and free of and without any deduction or withholding for or on account of any tax of any country or any other government charge, duty, impost or other deduction or withholding whatsoever (“Tax”). If you are compelled to make any deduction or withholding for or on account of any Tax, you must pay to us such additional sums as are necessary to ensure that we receive the total amount stated on our invoice.

 

Fee estimates

22. I do not generally quote fixed fees for work because of the inherent difficulty in many legal matters in Fiji of knowing with certainty how work on a file will progress. I will attempt, in workscope letters and otherwise when requested, to estimate our fees, within a range, on any matter.

 

23. Should the work performed exceed the work scope provided, my fees are likely to increase to reflect the extra work involved. We expect our clients to keep in mind that any change in circumstances on a file – which may come to their attention before ours or for which they may be responsible – may have an impact on our fee estimate. We will do our best to advise on any overruns on estimates as soon as we become aware of them – and expect that our clients will do the same once they are aware of any relevant circumstances – so we can discuss and jointly agree upon any consequences.

 

Fiji Financial Transaction Reporting Requirements

24. For a number of intermediaries, including lawyers, Fiji sets “know your client” requirements under its anti-money laundering/countering the financing of terrorism (AML/CFT) legislation, the Fiji Financial Transactions Reporting Act 2004 (FTR Act). Accordingly it may be necessary for us, in respect of certain transactions, to obtain client identification and verification details from you to meet these requirements. If so, our Compliance Officer will communicate separately with you. The law requires us to compel compliance with the FTR Act, including by stopping work if adequate information is not given to us.

 

Termination

25. You may terminate my instructions at any time.

 

26. I may terminate our relationship with you at any time except where legal or ethical requirements require me to continue to act for you (and in that event, I will terminate it once those requirements are met).

 

27. All properly incurred fees for my work must be paid to us on termination. I reserve the right to retain all your files and information then in my possession after termination until I have been paid.

 

Closed files

28. When work for you on a particular file is complete, your file will be archived. I will retain it for a minimum of seven years and reserve the right after that period to destroy it without notice to you.

 

Valuable documents

29. Except where Turuva Legal expressly agrees to do so (which may be on conditions including payment) I will not be responsible for retaining or the safe keeping of valuable documents for example, certificates of title or other dealings with land, share certificates, wills).

 

Issues with our work

30. If in the course of dealing with us you have concerns about any aspect of our work, please first contact me and I will endeavour to resolve it with you. If the matter remains unresolved, you have a right under the Legal Practitioners Act 2009 to lodge a complaint with the Chief Registrar of the High Court of Fiji, the details of which I will supply to you on request.

 

Use of AI tools

31. We may utilise artificial intelligence (AI) tools to assist us with tasks such as research, drafting, or reviews relevant to your matter. As such, you consent to our use of AI tools as described, subject to our ongoing obligations to applicable professional rules. Any use of AI will be supervised to ensure accuracy. We will not rely solely on AI-generated outputs without human oversight. If you have any concerns or preferences regarding the use of AI in your matter, please inform us in writing at the outset.

 

Generally

32. We are entitled to amend these terms from time to time. We will usually do so on not less than one month’s notice to you. However there may be urgent circumstances in which we are required to amend them without such notice.