«Client Names»
«State» «Zipcode»

Our Ref: «Action_ID»

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Attention: «Full Names (primary contacts)»

By email: «Client Primary Contact Email»

Dear «Client Primary Contact(s)»,

Our Terms of Engagement with You for [[system_ActionAlias]]

  1. It was good to [meet with you/speak with you] on [first meeting date]. We are pleased to assist you in [[system_ActionAlias]]. Our reference for this [[system_ActionAlias]] is [[Action_ID]].
  2. The purpose of this letter is to set out the instructions you have given us and to outline key information about how we will work for you.
  3. Your day-to- day contact at Ozturk Law will be Janie Wetherell. Oktay Ozturk is the partner with overall responsibility for the matter. Other people may undertake work on your files from time to time.
  4. We will take instructions from and report to Bekir.

Services to be provided

  1. The following is a summary of the legal services we expect to be providing to you:
Scope Estimated cost of doing the work (excluding GST)
As discussed in our [meeting/telephone call] we will:

  1. [[Gl_engagement_problem_desc]]
We estimate that we will invoice $[[gl_engagement_fee_est]] excluding GST and disbursements for the work that you have asked us to complete.

This is not a quote. However, if it becomes clear that this estimate is not adequate we will contact you to discuss this. Please note if any issues arise, additional work may need to be done, which will incur additional fees.


We estimate disbursements in this matter will
consist of:

[disbursement type]$[xx]
[disbursement type]$[xx]



Fees Payment Direction

  1. We will charge primarily based on time spent on your matter, and the following rates per hour will apply (note other people with other charge-out rates may work on your file from time to time):
    Oktay Ozturk (Principal): $350 (excl. GST) per hour
    Janie Wetherell (Solicitor): $200 (excl. GST) per hour
  2. Please note that these charges are reviewed from time to time and may change. We will inform you if there is any change before it is applied to your account.
  3. We may adjust the fee to take account of other circumstances as set out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and as set out in the Terms of Engagement.
  4. If we hold funds on your behalf, you authorise us to deduct our fees from those funds (unless they have been provided for a particular purpose) and send you an invoice as required by the Lawyers and Conveyancers Act (Trust Account) Regulations 2008. If we have sent you an invoice, and if our payment terms are not followed accurately, you authorise us to deduct the fees from any credit card details we may hold on file for you.
  5. If you have any questions regarding the above, please let us know. If at any time you have any concerns or wish to provide feedback about our service, please do not hesitate to contact Oktay Ozturk. If we cannot resolve your concerns directly through our internal complaints service, you may make a complaint to the Lawyers Complaints Service. Details are provided in the attached information.
  6. We are enclosing our client care information in respect of this retainer, including our basis of charging, general information about the service you can expect from us as your lawyers, and our standard terms of engagement.
  7. Once again, we thank you for your instructions and look forward to working with you.


Yours faithfully,


Oktay Ozturk

Director / Principal

Email: oktay@ozturk.lawyer

Ph: 09 7777 260




The above terms are accepted including where applicable the fees payment direction, and you are requested to act in this matter.



Signed by [[FullName|pt=Client_Primary_Contact|rn=*]]


__________________________                                                           ____________

Signature                                                                                             Date








Standard Terms of Engagement

These Standard Terms of Engagement (Terms) apply to any current engagement and to any future engagement, whether or not we send you another copy of them. We are entitled to change these Terms from time to time, in which case we will send you amended Terms. Our relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction.

  1. Services
    1. The services we are to provide for you (the Services) are outlined in our letter of engagement along with any further instructions that you provide to us in writing (or that we record in writing).
    2. In order to provide you with efficient advice and services and to provide the most cost-effective service, it may be that part or all of your instructions will be delegated to other professionals in our firm.
  2. Financial
    1. Fees: The basis upon which we will charge our fees is set out in our engagement letter.
      1. If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of the 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 of the agreed scope and, if possible, give you an estimate of the likely amount of the further costs.
      2. Where our fees are calculated on an hourly basis, the hourly rates of the people we expect to undertake the work are set out in our engagement letter.  Any differences in those rates reflect the different levels of experience and specialisation of our professional staff.  Time spent is recorded in six-minute units.
      3. Hourly fees may be adjusted (upwards or downwards) to ensure the fee is fair and reasonable to take into account matters such as the complexity, urgency, value and importance of the Services.  Full details of the relevant fee factors are set out in Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules).
    2. Disbursements and Third-Party Expenses:  In providing the Services we may incur disbursements and payments to third parties on your behalf.  You authorise us to incur these disbursements (which may include such items such as search fees, court filing fees, registration fees and travel and courier charges) which are reasonably necessary to provide the Services.  You also authorise us to make payments to third parties on your behalf which are reasonably required to undertake the Services (which may include items such as experts’ costs or counsel’s fees).  These will be included in our invoice to you, shown as “disbursements” when the expenses are incurred (or in advance when we know we will be incurring them on your behalf).
    3. GST:  is payable by you on our fees and charges.
    4. Invoices:  We will send interim invoices to you, usually monthly, and on completion of the matter, or termination of our engagement.  We may send you invoices more frequently when we incur a significant expense or undertake a significant amount of work over a shorter period.
    5. Payment:  The time period for invoice payments will be stated on the invoice itself.  This will usually be 7 or 14 days unless alternative arrangements have been made with us.
      1. You authorise us to deduct our fees and other expenses from funds held in our trust account or credit card details held on file on your behalf on provision of an invoice to you, unless those funds are held for a particular purpose.
      2. If you have difficulty in paying any of our accounts, please contact us promptly so that we may discuss payment arrangements.
      3. If your account is overdue, we may:
        1. require interest to be paid on any amount which is more than 14 days overdue, calculated at the rate of 18% above the overdraft rate that our firm’s main trading bank charges us for the period that the invoice is outstanding;
        2. stop work on any matters in respect of which we are providing services to you;
        3. require an additional payment of fees in advance or other security before recommencing work;
        4. recover from you in full any costs we incur (including on a solicitor/client basis) in seeking to recover the amounts from you, including our own fees and the fees of any collection agency.
      4. Payment may be made by [here insert acceptable payments methods and bank account number].
    6. Fees and disbursements in advance:  We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses.  We may do this, on reasonable notice, at any time.
    7. Estimates:  You may request an estimate of our fee for undertaking the Services at any time. If possible, we will provide you with an estimate (which may be a range between a minimum and a maximum amount or for a particular task or step).  An estimate is not a quote.  Any significant assumptions included in the estimate will be stated and you must tell us if those assumptions are wrong or change.  We will inform you if we are likely to exceed the estimate by any substantial amount.  Unless specified, an estimate excludes GST, disbursements and expenses.
    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, you remain responsible for payment to us in accordance with these Terms if the third party fails to pay us.
    9. Trust Accounting: We operate a trust account. All money received from you or on your behalf will be held to your credit in our trust account.
      1. Payments out of the trust account will be made either to you or to others with your authority. Written authorisation from you (and if we are acting for more than one of you, from all of you) will be required when payment is to be made to a third party. Before making a payment to another account we may require verification of the account details by provision of (for example) a copy of a deposit slip, cheque or bank statement showing the account number, a signed authority from you including the bank account details, or a signed letter from the relevant financial institution providing bank account details.
      2. A full record of our trust account is kept at all times. A statement of trust account transactions detailing funds received, and payments made on your behalf will be provided to you periodically and at any time upon your request.
      3. Unless it is not reasonable or practicable to do so, when we hold significant funds for you for more than a short period of time we will place them on call deposit with a bank registered under section 69 of the Reserve Bank of New Zealand Act 1989, subject to your having completed to the bank’s satisfaction any request for information relating to the deposit or certification required by the bank. Interest earned from call deposits, less withholding tax [and an interest administration fee payable to us of 5% of the interest], will be credited to you.
  3. Confidentiality
    1. We will hold in confidence all information concerning you or your affairs that we acquire while acting for you.  We will not disclose any of this information to any other person except:
      1. to the extent necessary or desirable to enable us to carry out your instructions; or
      2. to the extent required by law or by the NZLS’s Rules of Conduct and Client Care for Lawyers.
    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.
    3. We will of course, not disclose to you confidential information which we have in relation to any other client.
  4. Termination
    1. You may terminate our retainer at any time.
    2. We may terminate our retainer in any of the circumstances set out in the NZLS’s Rules of Conduct and Client Care for Lawyers.
    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.
  5. Confidentiality and Personal Information
    1. Confidence: We will hold in confidence all information concerning you or your affairs that we acquire while acting for you.  We will not disclose any of this information to any other person except:
      1. to the extent necessary or desirable to enable us to carry out your instructions; or
      2. as expressly or impliedly agreed by you; or
      3. as necessary to protect our interests in respect of any complaint or dispute; or
      4. to the extent required or permitted by law.
    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.
    3. Personal information and Privacy: In our dealings with you we will collect and hold personal information about you. We will use that information to carry out the Services and to contact you about issues we believe may be of interest to you. Provision of personal information is voluntary but if you do not provide full information this may impact on our ability to provide the Services.
    4. Subject to clause 6.1, you authorise us to disclose, in the normal course of performing the Services, such personal information to third parties for the purpose of providing the Services and any other purposes set out in these Terms.
    5. We may disclose your name and address to third parties such as credit agencies to perform a credit reference or to undertake credit management or collection processes if it is reasonable to do so.
    6. The information we collect and hold about you will be kept at our offices and/or at secure file storage sites (including electronic file storage sites) elsewhere. If you are an individual, you have the right to access and correct this information. If you require access, please contact Oktay Ozturk.
    7. Verification of identity: The Financial Transactions Reporting Act 1996 and Anti-Money Laundering and Counter Financing of Terrorism Act 2009 requires us to collect from you and to retain information required to verify your identity. We may therefore ask you to show us documents verifying your identity (such as a passport or driver’s licence). We may retain copies of these documents.  We may perform such other customer verification checks as to your identity and checks as to the source of any funds associated with any transaction to which the Services relate as we consider to be required by law.
  6. Documents, Records and Information
    1. We will keep a record of all important documents which we receive or create on your behalf on the following basis:
      1. We may keep a record electronically and destroy originals (except where the existence of an original is legally important such as in the case of wills and deeds).
      2. At any time, we may dispose of documents which are duplicates, or which are trivial (such as emails which do not contain substantive information), or documents which belong to us.
      3. We are not obliged to retain documents or copies where you have requested that we provide them to you or to another person and we have done so, although we are entitled to retain copies for our own records if we wish to do so.
    2. We will provide to you on request copies or originals (at our option) of all documents to which you are entitled under the Privacy Act 1993 or any other law. We may charge you our reasonable costs for doing this.
    3. Where we hold documents that belong to a third party you will need to provide us with that party’s written authority to uplift or obtain a copy of that document.
    4. Unless you instruct us in writing otherwise, you authorise us and consent to us (without further reference to you) to destroy (or delete in the case of electronic records) all files and documents in respect of the Services (7 years after our engagement ends (other than any documents that we hold in safe custody for you or are otherwise obliged by law to retain for longer). We may retain documents for longer at our option.
    5. We may, at our option, return documents (either in hard or electronic form) to you rather than retain them. If we choose to do this, we will do so at our expense.
    6. We own copyright in all documents or work we create while performing the Services but grant you a non-exclusive licence to use and copy the documents as you see fit for your own personal use. However, you may not permit any third party to copy, adapt or use the documents without our writtenpermission.
    7. We take security of your personal data seriously. We recognise our professional and legal obligations to your confidential information and maintain your privacy. We also recognised our obligation to protect the personal information we have gathered about you and about other individuals.
    8. We make frequent use of “cloud” based electronic storage, including Actionstep and Microsoft Office 365. Microsoft 365 is certified by a number of compliance standards, including ISO 27001. As a customer of Office 365, I retain ownership and control of all data, which is encrypted at transit and at rest.
    9. Actionstep uses Secure Sockets Layer/Transport Layer Security to protect data in transit between users and its servers. It is designed to create a secure tunnel protected by 128-bit or higher AES encryption.
    10. Online cloud storage is never completely secure and any system can receive requests from law enforcement agencies for information stored on their servers. If any of your information is especially sensitive or confidential, please let me know and we can discuss and work through tailor-made security protocols.
    11. Please let us know if you would like online “cloud” access to electronic files for this matter.
  7. Conflicts of Interest
    1. We are obliged to protect and promote your interests to the exclusion of the interests of third parties and ourselves as set out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). This may result in a situation arising where we have a conflict of interest.
    2. We have procedures in place to identify and respond to conflicts of interest or potential 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 Rules. This may mean we cannot act for you further in a particular matter and we may terminate our engagement.
  8. Duty of Care
    1. Our duty of care is to you and not to any other person.  We owe no liability to any other person, including for example any directors, shareholders, associated companies, employees or family members unless we expressly agree in writing. We do not accept any responsibility or liability whatsoever to any third parties who may be affected by our performance of the Services or who may rely on any advice we give,except as expressly agreed by us in writing.
    2. Our advice is not to be referred to in connection with any prospectus, financial statement, or public document without our written consent.
    3. Our advice is opinion only, based on the facts known to us and on our professional judgement, and is subject to any changes in the law after the date on which the advice is given. We are not liable for errors in, or omissions from, any information provided by third parties.
    4. Our advice relates only to each particular matter in respect of which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters.
    5. Unless otherwise agreed, we may communicate with you and with others by electronic means. We cannot guarantee that these communications will not be lost or affected for some reason beyond our reasonable control, and we will not be liable for any damage or loss caused thereby.
  9. Limitations on our Obligations or Liability
    1. To the extent allowed by law, our aggregate liability to you (whether in contract, tort, equity or otherwise) in connection with our Services is limited to the amount available to be payable under the Professional Indemnity Insurance held by the firm.
  10. Termination
    1. You may terminate our retainer at any time.
    2. We may terminate our retainer in any of the circumstances set out in the Rules including the existence of a conflict of interest, non-payment of fees, and failure to provide instructions.
    3. If our retainer is terminated you must pay us all fees, disbursements and expenses incurred up to the date of termination.


Information for Clients

Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“NZLS”).

  1. Fees

The basis on which fees will be charged is set out in our letter of engagement.  The method and time for payment of fees is set out in our letter of engagement and in our Standard Terms of Engagement.

  1. Professional Indemnity Insurance

We hold professional indemnity insurance that meets the minimum standards specified by the NZLS.

  1. Lawyers Fidelity Fund

The Law Society maintains the Lawyers’ Fidelity Fund for the purpose of providing clients of lawyers with protection against loss arising from theft by lawyers.  The maximum amount to an individual claimant is limited to $100,000.  Except in certain circumstances specified in the Lawyers and Conveyancers Act 2006, the Fidelity Fund does not cover a client for any loss relating to money that a lawyer is instructed to invest on behalf of the client.

  1. Complaints

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly, set out in our Standard Terms of Engagement.

If we have been unable to resolve a complaint or concern you may also contact the Lawyers Complaints Service at 0800 261 801.

  1. Client Care and Service

The NZLS client care and service information is set out below.

Whatever legal services your lawyer is providing, he or she must:

  • Act competently, in a timely way, and in accordance with instructions received and arrangements made.
  • Protect and promote your interests and act for you free from compromising influences or loyalties.
  • Discuss with you your objectives and how they should best be achieved.
  • Provide you with information about the work to be done, who will do it and the way the services will be provided.
  • Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
  • Give you clear information and advice.
  • Protect your privacy and ensure appropriate confidentiality.
  • Treat you fairly, respectfully and without discrimination.
  • Keep you informed about the work being done and advise you when it is completed.
  • Let you know how to make a complaint and deal with any complaint promptly and fairly.

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.

  1. Limitations on extent of our Obligations or Liability

Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our Standard Terms of Engagement.

Key features of our relationship with you

What we will do for you

  • We will keep you informed about the work we are doing. If you have a question or concern about what we are doing, please contact us so we can discuss it.
  • If you are concerned about how much the work will cost, just let us know. We will give  you an estimate of our fee based on the work we think we will need to do. If this changes at any time, we will let you know and provide an updated estimate.

What we will need from you:

  • Please take the time to confirm your requirements. It is important that you do this so we can do our best to meet our expectations and deliver the service you require.
  • Please keep up to date with the payment of our fees or any agreed payment arrangements so we can continue to act on your behalf.
  • Please provide all the information we need to act on your behalf and advise us of any changes to your circumstances, as this may affect the advise you require.

Our full terms and conditions are attached. Please take time to read these carefully. We are happy to discuss and explain any of these if they are unclear.

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Ozturk Law is committed to protecting your privacy. You can be certain that any information we receive about you will be treated as strictly confidential. Personal information we collect via this website is only used for the purposes for which it is collected. For example, if you submit your CV, we will only use the information for recruitment purposes. We will not use or disclose any personal information for any other purpose without your consent. An exception to this is where Ozturk Law may be required by law to disclose certain information. The Internet is not a secure environment. If you send us any information, including your email address, it is sent at your own risk.

Ozturk Law will collect general information about site use, traffic patterns, demand for relevant products, services, facilities and information and related site information. These statistics will not include any information which personally identifies you. If you believe that any information that we hold about you is inaccurate or out of date, or you would like to be removed from our mailing list please contact us at info@ozturk.lawyer and we will take reasonable steps to ensure it is corrected.

Use of and access to this website is subject to the following terms and conditions which you are deemed to accept by accessing this website:

The information on this website is general information only, is provided free of charge and does not constitute legal or other professional advice. We try to keep the information up to date. However, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in relation to this website – including (without limitation) warranties as to accuracy, completeness and fitness for any particular purpose. Please seek independent advice before acting on any information on this website.

New Zealand Law governs our website, therefore, any claims or disputes between us concerning this website will be resolved by the New Zealand courts.

We will not be liable to you for any damages, losses, costs or expenses of any kind which arise out of, or result from, any use of, or inability to use, this website or any other website which is linked to this website.