A Retainer Letter is a fundamental document in New Zealand legal practice, required under the Lawyers and Conveyancers Act 2006 and associated Rules. It is used when establishing or updating a professional relationship between a law firm and its clients, whether for ongoing legal services or specific matters. The document must include specific client care information, service details, and fee arrangements as mandated by the New Zealand Law Society. The letter serves multiple purposes: it confirms the engagement terms, ensures compliance with regulatory requirements, establishes clear expectations regarding services and fees, and provides necessary disclosures about the lawyer-client relationship. This document is particularly important in New Zealand's legal context as it forms part of the professional obligations of legal practitioners and provides protection for both the law firm and the client.
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1. Letterhead and Date: Law firm details, including name, address, contact information, and date of letter
2. Client Details: Full name and address of the client
3. Introduction: Confirmation of engagement and appreciation for choosing the firm
4. Scope of Services: Clear outline of the specific legal services to be provided under the retainer
5. Responsible Attorney: Identity and contact details of the primary attorney and other key team members
6. Fee Structure: Detailed explanation of fees, billing rates, and payment terms
7. Billing Arrangements: Frequency of billing, accepted payment methods, and handling of disbursements
8. Client Care Information: Standard information required by NZ Law Society about client care and service
9. Document Management: How documents will be handled, stored, and returned
10. Termination Provisions: Circumstances and process for ending the retainer relationship
11. Acceptance: How to confirm acceptance of the retainer terms and next steps
1. Conflict of Interest Disclosure: Required when there are potential conflicts that need to be disclosed and addressed
2. Trust Account Details: Include when client funds need to be handled through the firm's trust account
3. AML/CFT Requirements: Required for new clients or matters falling under AML/CFT obligations
4. Specific Project Timeline: Include when the retainer relates to a specific project with defined milestones
5. Team Structure: For larger matters requiring multiple lawyers or support staff
6. International Considerations: Required when matter involves international elements or multiple jurisdictions
1. Fee Schedule: Detailed breakdown of hourly rates, fixed fees, or alternative fee arrangements
2. Terms and Conditions: Standard terms and conditions of engagement
3. Client Identification Form: Required AML/CFT documentation and verification requirements
4. Service Level Agreement: Specific commitments regarding response times and service standards
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