Client Care Information
Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society ("Law Society").
Fees
Cooper Campbell Law will only deduct fees once a bill of costs (tax invoice) has been provided to the client. The basis on which fees will be charged is set out in our letter of engagement. The timing of payment of our fees is set out in our Standard Terms of Engagement.
We may deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which Cooper Campbell Law has provided an invoice.
Professional Indemnity Insurance
Cooper Campbell law holds appropriate professional indemnity insurance that meets or exceeds the minimum standards specified by the New Zealand Law Society. We will provide you with particulars of the minimum standards upon request.
Lawyers’ Fidelity Fund
The Law Society looks after the Lawyers' Fidelity Fund which provides clients of lawyers with protection against pecuniary loss arising from theft by lawyers. The maximum amount payable by the Fidelity Fund by way of compensation to an individual claimant is $100,000. Except in some specified circumstances located in the Lawyers and Conveyancers Act 2006, the Fidelity Fund does not cover a client for any investment losses relating to money that a lawyer is instructed by the client to invest on behalf of the client.
Complaints
We have a procedure for handling any complaints by clients that allows for quick resolution of the complaint and to ensure it is dealt with fairly. If you have a complaint about our services or fees, you may refer your complaint to the person in our firm who has overall responsibility for your work.
If you prefer not to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to any partner of the firm. They may be contacted:
by letter;
by email; or
by telephoning them at 06 368 6157.
If you are dissatisfied with the way in which your complaint has been dealt with by Cooper Campbell Law you may instead contact the Lawyers Complaints Service. They may be contacted, by phone 0800 261 801 and you will be connected to the Complaints Service Office. They can provide information and advice about making a complaint.
Persons Responsible for the Work
The names of the person or persons who will provide the services or have the overall responsibility for the services we provide for you are set out in the engagement letter (and accompanying information sheet) you will receive shortly after instructing us to act on your behalf.
Client Care and Service
- Whatever legal services your lawyer or employee of Cooper Campbell Law is providing, he or she must:
The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. 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.
Limitations on Liability
The limitations on the extent of our liability and our obligations to you are set out in our engagement letter and accompanying information sheet.
Cooper Campbell Law Bullying and Harassment Policy
The Lawyers and Conveyancers Act (Lawyers: Conduct & Care) Amendment Rules 2021 became effective from 1 July 2021 and requires all law firms in New Zealand have an effective bullying and harassment policy in place.
This policy must comply with:
Lawyers & Conveyancers Act 2006 including Conduct and Client Care Rules;Human Rights Act 1993;Health and Safety at Work Act 2015.
Unacceptable Conduct:
The aim of this policy is to protect everyone engaged or employed by Cooper Campbell Law from the effects of unacceptable conduct that amounts to one or more of the following as per r. 11.2 (unacceptable conduct listed) and r. 1.2 (defined behaviours):1. Bullying - repeated and unreasonable behaviour (behaviour itself includes the use of language, written or spoken, the use of digital or visual material, and physical behaviour) directed towards a person or people that is likely to lead to physical or psychological harm;2. Discrimination - discrimination that is unlawful under the Human Rights Act 1993 or any other enactment;3. Harassment - intimidating, threatening, or degrading behaviour directed towards a person or group that is likely to have a harmful effect on the recipient; and includes repeated behaviour but may be a serious single incident;4. Racial harassment – behaviour that expresses hostility against, or contempt or ridicule towards another person on the ground of race, ethnicity or national origin; and is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person);5. Sexual harassment – subjecting another person to unreasonable behaviour of a sexual nature that is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person); or a request made by a person of any other person for sexual intercourse, sexual contact, or any other form of sexual activity, that contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment;6. Violence – physical, psychological, sexual abuse, sexual assault.
Workplace Conduct/Activities Covered by this Policy & Systems:
Any conduct within Cooper Campbell Law premises; any conduct outside the premises: client’s premises, court, mediation meetings, training off-site, off-site social events. The person to supervise these events is Kelvin Campbell of Cooper Campbell Law, Principal. The supervisor must remain until the end of the event.
People Covered by this Policy & Systems:
Cooper Campbell Law principal, legal executive, accounts administrator, deeds clerk; private contractors; clients.
Reporting and Investigating Procedure
If anyone engaged or employed by Cooper Campbell Law had experienced one or several of the above behaviour, they should report misconduct to Kelvin Campbell at the earliest opportunity.
Their report submitted as per r. 2.8 (Reporting misconduct) and must be in written form; and identify the person making the report; the person/persons involved; and specify the details of the alleged conduct; and be supported by any appropriate documentation held by or available to the person making the report. These reports must be treated confidentially. As per r. 11.4 (Reporting written warnings or dismissals due to unacceptable behaviour) a designated lawyer is Kelvin Campbell who within 14 days must notify the Law Society if any person is issued a written warning or dismissed by the law practice for unacceptable behaviour covered by this policy. Within the 12 months before the person’s leaving, the designated lawyer advises that person that is dissatisfied with, or intended to investigate their conduct in relation to the unacceptable behaviour. The investigation will be undertaken by Kelvin Campbell in strict confidentiality and compliance with the principles of natural justice including notice of full particulars of the complaint to the person complained against and opportunity to respond and being represented by legal counsel and have a support person. The parties involved will be notified of the action intended to be taken and the final decision.
Their report submitted as per r. 2.8 (Reporting misconduct) and must be in written form; and identify the person making the report; the person/persons involved; and specify the details of the alleged conduct; and be supported by any appropriate documentation held by or available to the person making the report. These reports must be treated confidentially. As per r. 11.4 (Reporting written warnings or dismissals due to unacceptable behaviour) a designated lawyer is Kelvin Campbell who within 14 days must notify the Law Society if any person is issued a written warning or dismissed by the law practice for unacceptable behaviour covered by this policy. Within the 12 months before the person’s leaving, the designated lawyer advises that person that is dissatisfied with, or intended to investigate their conduct in relation to the unacceptable behaviour. The investigation will be undertaken by Kelvin Campbell in strict confidentiality and compliance with the principles of natural justice including notice of full particulars of the complaint to the person complained against and opportunity to respond and being represented by legal counsel and have a support person. The parties involved will be notified of the action intended to be taken and the final decision.
Independent Person
If Kelvin Campbell is not independent of the issues and individuals involved, then misconduct will be reported to and investigation undertaken by Peter McKenzie-Bridle from CS Law.
Annual Certification to the Law Society:
By 30 June the designated lawyer must certify to the Law Society annually whether Cooper Campbell Law has complied with all of the mandatory reporting obligations imposed under the Health and Safety at Work Act 2015 and the Lawyers and Conveyancers Act 2006.
The certificate must address the firm’s compliance with the mandatory reporting obligations during the year covered by the certificate under r. 2.8 (Reporting misconduct) and r. 11.4 (Reporting written warnings or dismissals due to unacceptable behaviour); and certifying the firm compliance with the requirement to have a policy and a system in place under r. 11.2 and compliance with its obligations under the Health and Safety at Work Act 2015 to provide a safe workplace; and certifies that the designated lawyer has personally complied with the reporting requirements in r. 11.4; and certifies that the policy is kept up-to-date.
Policy Avaliability
This policy is available on the Cooper Campbell Law website and in the premises as a hard copy for all employers and contractors. It is also referred to in our engagement letter.