MICHAEL FISHER.

barrister with over 3O years of experience in commercial and civil litigation.

EXPERIENCE

Michael was admitted to the bar in 1988. He was a litigation partner at Brookfields before going to the independent bar in 2001. He appears in the High Court, Court of Appeal and Supreme Court.

AREAS OF PRACTICE

+ Companies and securities;

+ Banking and finance;

+ Insolvency;

+ Contract;

+ Property;

+ Trusts;

+ Sports law;

+ Arbitration and dispute resolution.

TERMS AND CONDITIONS

Rules of Conduct and Client Care

[1] Pursuant to the rules of conduct and client care for lawyers of the New Zealand Law Society, every lawyer who provides services must comply with the following fundamental duties:

• to uphold the rule of law and to facilitate the administration of justice;

• to be independent;

• to act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients;

• to protect, subject to their overriding duties as an officer of the High Court, the interests of their clients.

[2] My obligations to you are:

• to act competently, in a timely way and in accordance with instructions received and arrangements made;

• to protect and promote your interests and act for you free from compromising influences or loyalties;

• to discuss with you your objectives and how they should best be achieved;

• to provide you with information about the work to be done, who will do it and the way the services will be provided;

• to charge you a fee that is fair and reasonable and let you know how and when you will be billed;

• to give you clear information and advice;

• to protect your privacy and ensure appropriate confidentiality;

• to treat you fairly, respectfully and without discrimination;

• to keep you informed about the work being done and advise you when it is completed; and

• to let you know how to make a complaint and deal with any complaint promptly and fairly.

[3]  These obligations are subject to other overriding duties, including duties to the courts and to the justice system.

Fees and disbursements

[4]  Fees are rendered primarily on a time and attendance basis.  My minimum hourly rate is $600.00 plus GST.

[5]  Where appropriate and cost effective, junior barristers will assist me from time to time including Josh Yoon at the rate of $190.00 /hr plus GST.

[6]  The value of time recorded is not necessarily the only factor taken into account in setting the fee.  Other factors include:

• the skill, specialised knowledge, and responsibility required to perform the services properly; 

• the importance of the matter to you and the results achieved;

•  the urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by you;

• the degree of risk assumed by me in undertaking the services, including the amount or value of any property involved;

• the complexity of the matter and the difficulty or novelty of the questions involved;

• the reasonable costs of running a practice; and

• the fee customarily charged in the market or locality for similar legal services. 

 [7]  My usual practice is to charge a standard office service charge of 3.5% of the fee, plus GST.  Additional disbursements for specific costs incurred will be charged separately eg photocopying, research, travel etc.

[8]  Invoices are rendered monthly and payment should be made upon receipt.  Interest at .75% per month will accrue on all accounts for late payment.

Professional indemnity insurance

[9]  Professional indemnity insurance is held. 

[10]  This meets or exceeds the minimum standards specified by the New Zealand Law Society.

Retention of files

[11]  Once work has been completed, in the absence of any other arrangement your file will be returned to the instructing solicitor for storage and safekeeping for a period of 7 years.

Complaints

[12]  If you have any concerns or complaint about my services, we should meet to discuss the nature of the complaint so that we can attempt to resolve it between ourselves:

• If you are not satisfied with my response to your complaint, it can be referred to a mutually agreeable mediator or you may refer your complaint to the New Zealand Law Society;

• The Law Society operates the Lawyers Complaint Service and you are able to make a complaint to that service.  To do so, phone 0800 261 801 and you will be connected to the nearest Complaints Service Office;

• If you have any queries, please visit www.lawsociety.org.nz.

[13]  Notice to you of these terms and conditions is deemed to be acceptance of them.

_____________________________________________________________________________

CONTACT DETAILS

Level 5, 20 Waterloo Quadrant, Auckland CBD.

T: (09) 309 9116

E: mj.fisher@erskinechambers.co.nz

POSTAL ADDRESS

P O Box 3236, Shortland Street, Auckland