After contacting at least four other NZ law firms, it was refreshing to finally come across Anja and her team whose first response was "Of course we can help!" When I sought advice from other firms, I was met with road-blocks and obstacles; the issue was stressful enough for me and I really needed someone who would follow through until the matter was resolved. The professionalism with which Anja and her staff conducted themselves was appreciated; however the bonus was that this professionalism carried with it the 'warmth' of a human heart.”

The team at Anja Klinkert Lawyers really took the time to listen to me and I felt comfortable knowing that they took a personal interest in my case. I was kept fully informed of the progress of their case preparation and their open communication with me as a client was excellent. This made me feel as though they valued me as a person and not simply a business transaction.”

Grace

Anja Klinkert has represented myself, family trusts and companies for a number of years. I have always found her highly professional and skilled in everything she has done. She has excelled in her roles as Lawyer, professional Director and Trustee. I have recommended a number of new clients to her. They have been very satisfied with the quality of her legal services. I hold Anja in the highest regard as both a Lawyer and friend.”

Jim Eide

Thank you for your help with transferring our mortgage to the Kiwi Bank recently. As an overseas resident (and not knowing too much about NZ laws and regulations), it was important that we felt comfortable that you were looking after our interests. Thankfully, the transfer has gone ahead without a hitch, and we never felt anything but comfortable. We can assure you it is our intention to pass on any future legal requirements.”

Keith & Julie Smith

Dear Anja and Martin the dog, many thanks for acting on my behalf and things going so smoothly with the sale of my house. I have been very happy with the level of service you have given me. Best wishes!”

Standard Terms of Engagement

These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

1 Services

1.1 The services which we are to provide for you are outlined in our engagement letter.

2 Financial

2.1 Fees:

  • a The fees which we will charge or the manner in which they will be arrived at, are set out in our engagement letter.
  • b If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of our services. Work which falls outside that scope will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of the further costs.
  • c Where our fees are calculated on an hourly basis, the hourly rates are set out in our engagement letter. The differences in those rates reflect the experience and specialisation of our professional staff.  Time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes.
  • d If we do not receive 24 hours notice of the cancellation of an appointment, we reserve the right to invoice you for the time scheduled.

2.2 Disbursements / Retrievals and expenses: In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred.  We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.

2.3 GST (if any): Is payable by you on our fees and charges.

2.4 Invoices: We will send interim invoices to you, usually monthly and on completion of the matter, or termination of our engagement. We may also send you an invoice when we incur a significant expense.

2.5 Payment: Invoices are payable within 14 days of the date of the invoice, unless alternative arrangements have been made with us. We may require interest to be paid on any amount which is more than 7 days overdue, and it is probable that interest WILL be charged on any amount which is more than 1 month overdue, which you are liable to pay.

Interest will be calculated at the rate of 20% per annum or 5 percent above the firm’s bank overdraft rate, whichever is the higher, and interest will compound on any accounts which remain unpaid.

In the event that you cannot meet payment of your account in full, you must contact Maree Myers of Anja Klinkert Lawyers and discuss a satisfactory payment arrangement.

You will be invoiced, and are liable to pay for time spent by Anja Klinkert Lawyers in the recovery of any unpaid amounts.

If your account is referred to Debt Collection / Recovery, you will be liable to pay for all costs.  

We reserve the right to cease doing work for you due to non-payment of accounts, until payment is received.

2.6 Legal Aid

If you wish to apply for legal aid in this matter, we expect to receive your completed Legal Aid Application Form, as well as the required documentation within two weeks of your first appointment.  If we do not, you will be invoiced in the interim, and liable to remit payment, until the completed form and appropriate documentation is received by us.

  • a Legal Aid Application Granted
    If you apply for legal aid in this matter and your application is granted, then the the firm’s legal services are charged to and will be paid by the Legal Services Agency at the prescribed legal aid hourly rates.
  • b Legal Aid Application Declined
    If you apply for legal aid in this matter and your application is declined, you will be charged at the rates set out in our Engagement Letter.

2.7 Security: We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:

  • a to debit against amounts pre-paid by you; and
  • b to deduct from any funds held on your behalf in our trust account any fees, expenses, disbursements, or retrievals for which we have provided an invoice.

2.8 Third Parties: Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.

3 Confidentiality

3.1 We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you.  We will not disclose any of this information to any other person except:

  • a to the extent necessary or desirable to enable us to carry out your instructions; or
  • b to the extent required by law or by the Law Society’s Rules of Conduct andClient Care for Lawyers.

3.2 Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services for you.

4 Termination

4.1 You may terminate our engagement at any time.

4.2 We may terminate our engagement in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

4.3 If our retainer is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.  

4.4 Lien
Until payment in full of all outstanding accounts in relation to this agreement has been met, we have the right to retain all original documents and correspondence on your file. You are entitled to change solicitors at any time but you are responsible for the fees and any other outstanding payments due to us until the time of change.  We are entitled to hold deeds, files or other papers until payment is received.

5 Retention of files and documents

5.1 You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 7 years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.

6 Conflicts of Interest

6.1 We have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

7 Duty of Care

7.1 Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.

8 Trust Account

8.1 We maintain a trust account for all funds which we receive from clients.  If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank. In that case we will charge an administration fee of 2% of the interest derived.

9 General

9.1 These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.

9.2 We are entitled to change these Terms from time to time, in which case we will send you amended Terms.

9.3 Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.

10 Identification

We require you to supply us with original government-issued photographic identification, which includes; New Zealand Drivers Licence, Passport or Firearms Licence. A copy of which will be held on your file. In the event that you do not hold any of the required forms of identification, we require that a Declaration of Identity Form be completed by an appropriate witness of your choice.