1Instructing Solicitor
I am a Barrister sole. A Barrister sole is a lawyer who specialises in courtroom advocacy. As a Barrister sole, I do not operate a trust account and I am not subject to relevant rules for solicitors in this regard.
The New Zealand Law Society requires a Barrister sole to only accept instructions to act for another person through an instructing solicitor.
However, pursuant to rule 14.5.12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, I am qualified to accept instructions directly from a client without an instructing solicitor in limited categories of work. I will advise you if that applies in your case.
2Services to be Provided
The scope of the services to be provided are set out in my letter of engagement.
3Financial
Fee structure: My fees are calculated on an hourly basis; my hourly rate is set out in my letter of engagement.
Invoices: I will send interim invoices to you: (a) monthly; (b) after any significant court appearance or after I incur a significant expense or disbursement; and (c) on completion of the matter, or on termination of my engagement.
GST is payable by you in addition to my fees.
Disbursements and expenses: In providing services I may incur disbursements (such as printing, photocopying, travel expenses) or have to make payments to third parties on your behalf (such as private investigators or experts). These will be included in my invoice to you when the expense is incurred. If significant, I may require an advance payment for disbursements or expenses which I will be incurring on your behalf, and will advise you prior to that time.
4Use of Technology Tools
As part of providing you with legal services, I use advanced technological tools to support legal research, drafting, analysis, and document management. These include Claude (developed by Anthropic), an artificial intelligence platform used to assist with legal research, drafting, and analysis, and MacWhisper, an AI-powered transcription application used to transcribe recordings of client meetings. Both tools operate locally or within professionally accredited environments and are subject to the confidentiality provisions set out in clause 6 below.
Their use is intended to enhance the efficiency, accuracy, and responsiveness of my services. Any advice or output generated with the assistance of such tools is subject to my review and professional oversight and will not be relied upon without appropriate legal validation.
I only use professional-grade tools that provide commercially reasonable assurances of confidentiality and do not permit client data to be used for model training or made accessible to third parties. No personally identifiable or sensitive information is shared with public versions of these technologies.
When we meet in person I will record the meeting using MacWhisper, an AI-powered transcription application. MacWhisper processes audio locally on my device and generates a transcript of our meeting. I then use that transcript to prepare a file note of the meeting. The original audio recording and the raw transcript are deleted once the file note has been prepared. By agreeing to these terms you consent to your in-person meetings being recorded and transcribed in this way.
5Conflict of Interest
A conflict of interest can occur when the interests of one client require their lawyer to act in a way that conflicts with the interests of another client or a former client. I can determine whether there is a conflict of interest and deal with it. If there is a conflict of interest, I will let you know about it, discuss your options, and if appropriate suggest another lawyer to act for you.
6Your Information and Confidentiality
The confidentiality of your case is paramount. Please let me know of any persons or family members that I can leave messages with and a preferred address for correspondence. I will not discuss your case with any person without your express written consent.
I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except: (a) to the extent necessary or desirable to enable me to carry out your instructions; or (b) to the extent required by law or by the Law Society's Rules of Conduct and Client Care for Lawyers.
I will not disclose confidential information which I have in relation to any other client.
I will store your information electronically using cloud storage facilities (currently Microsoft OneDrive). I will take all reasonable steps to ensure access is limited to those who are authorised.
7Retention of Files and Documents
You authorise me (without further reference to you) to destroy all files and documents for this matter 7 years after my engagement ends, or earlier if I have converted those files and documents to an electronic format.
8Termination of My Services
If you are unhappy with my services, you can ask that I stop acting for you at any time and I will terminate my services in accordance with New Zealand Law Society Rules of Conduct and Client Care for Lawyers.
If my services are terminated, you must pay me all fees due up to the date of termination and all expenses incurred up to that date.
I may terminate my services for good cause, which includes: (a) if I am given instructions that would require me to breach any professional obligations; (b) if I have not been paid my invoices or funds have not been paid into trust on the terms agreed; or (c) if I am not provided with instructions in a sufficiently timely way.
9Complaints
I take complaints about my services very seriously and have processes in place to ensure that any complaints received are dealt with promptly and fairly. If you have a complaint about my work, please contact me to talk about your concerns so that I can try to resolve them.
If you do not wish to meet with me, or your concern is not able to be resolved, you can talk to an independent barrister who can assist in resolving your complaint.
The New Zealand Law Society operates a lawyers complaint service and you can contact them on 0800 261 801.
10Professional Indemnity Insurance
I do not hold professional indemnity insurance.
11NZ Law Society Client Care and Service Information
Whatever legal services your lawyer is providing, he or she must:
The obligations lawyers owe to clients are described in the Rules. Those obligations are subject to other overriding duties, including duties to the court and to the justice system.
12General
These terms apply to any current engagement. I may change these terms from time to time, in which case I will send you amended terms.