| How do I find a lawyer? |
| The Society is able to provide the names of lawyers in the Wellington region experienced in your required area of law. Or you can look at the Find a Lawyer section of the Society's website. |
How can I pick up my file and deeds if I want to change lawyers?
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| You will need to present the old lawyer with an authority to uplift your file and any deeds that the firm may be holding. This should be acted upon without undue delay by the previous lawyer. Your new lawyer may arrange this for you. |
Am I able to change lawyers part way through a transaction?
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| Yes. A client has an unequivoval right to change from one lawyer to another. |
What if I have an unpaid bill with the previous lawyer?
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| The previous lawyer may claim a lien over documents if you have an unpaid bill and is entitled to hold these until the bill is paid. However the Privacy Act 1993 entitles a client to obtain access to personal information contained in any file or paper and you are entitled to insist on receiving a copy of any document containing personal information at reasonable cost notwithstanding that a lien has been claimed. |
Can I get a second opinion?
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| Yes. |
How much will a lawyer cost?
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| When you first instruct a lawyer you should ask for an estimate of the likely cost and find out what hourly rate the lawyer is charging. If possible obtain this information in writing and ask the lawyer to consult with you if the estimate is reached before the work is completed. |
I cannot afford a lawyer. Where can I get free legal advice?
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Your local Citizens Advice Bureau may hold free legal advice sessions once a week for which you may be required to register for. These will be listed in the telephone book or at www.cab.org.nz
There are Community Law Centres throughout the Wellington region where legal advice is available in certain range of areas at specified times.
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If I consider my lawyer has not done a good job do I have to pay the bill?
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If you are dissatisfied with a bill of costs you may refer this to the Society for a cost revison
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How can I get legal aid? How do I know if I'm eligible
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Visit Legal Services Agency www.lsa.govt.nz
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Find a legal aid lawyer.
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| Visit Legal Services Agency's Find a legal aid lawyer section of their website |
How long will it take a lawyer to complete the work?
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| Ask the lawyer when you instruct them for an estimate of
the likely length of time required to complete the matter. Ask the
lawyer to consult with you if it transpires that more time will be
required so that you are kept adequately informed and advised of any
unforseen delays.
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| Are there any Rules that lawyers have to adhere to? |
| Yes. The Rules of Professional Conduct for Barristers and Solicitors (7th Edition) - These can be viewed on the New Zealand Law Society website. |
| My lawyer is a barrister - What does this mean and what is the difference between a barrister and a solicitor? |
| In New Zealand all lawyers are admitted in the High Court as a barrister and solicitor. Some lawyers choose to practise as a barrister sole. A member of the public is not able to instruct a barrister sole directly and must do so through an instructing solicitor. |
| I am looking for my father's Will - he made it with a firm in Wellington but I don't know which one? |
| There is no central registry for Wills. If you cannot locate the Will you can, through your lawyer, advertise in the Society's newspaper "Council Brief", to see if any law firm is holding the Will. All law firms in the Wellington region receive "Council Brief" and can check their deeds to see if they are holding the missing Will. |
| Does the lawyer who acted for my late father and who is holding my father's Will have to be instructed to carry out the administration of his estate? |
| No. Unless the lawyer is sole Executor. The Executor is able to select the firm he/she or they wish to carry out the administration of an estate. |
| The law firm I used to go to is no longer in existence - where will my files and deeds be? |
| The Society has a record of closed firms and will be able to assist you with your enquiry. |