FAQ | Ngā pātai putuputu

FREQUENTLY ASKED QUESTIONS

How we work on a criminal matter

STEP 1

YOU GET IN TOUCH

You call, text or email and we will give you a call back as soon as possible, usually within 24- 48 hours.

STEP 2

INITIAL DISCUSSION

We will discuss the issue during the first contact to see whether we can help you. This won’t take long, its free and there is no obligation to continue from this point.

STEP 3

NEXT STEPS

After gaining a deeper understanding of your case, you will be provided with preliminary advice on options of how to proceed. This will be based on how to achieve the best possible outcome for you.

STEP 4

THE PROCESS

When we act as your legal representation, you can expect to be kept fully informed throughout the process. You will always play an active role in the case.

STEP 5

ACHIEVING AN OUTCOME

The length of time it takes to resolve a matter through the courts can be quite long. While a particular outcome cannot be guaranteed, experience provides us with the ability to anticipate the likely outcome.

Legal Aid

You may be eligible for legal aid. Legal aid is operated by the Ministry of Justice and can assist in meeting the cost of a lawyer. In some cases, legal aid will fund the entire defence case. In other cases, you will be required to repay some or all of the cost of the case. It will depend on your personal situation.

Applications for legal aid are made by completing a legal aid application form and submitting it to the Ministry of Justice. Applications are considered primarily based upon a person’s income and whether they can afford to defend their own case. Other factors include things like the seriousness of the charge (legal aid will not be granted for some minor charges).

If you are not eligible for legal aid because of your income, we may be able to reach a fees agreement.

For more information about legal aid you can visit the Ministry of Justice website.

Is your call urgent?

Although it is important to keep your lawyer up to date, not all information is urgent. As lawyers, we need to prioritise the work so that all clients get the best possible advice and outcomes. At the time of your call, your lawyer may be busy attending to other more urgent work relating to your case or the case of another client. This means your lawyer might not be able to respond straight away.

Do we act in cases outside of Auckland?

Yes – being an admitted Barrister and Solicitor of the High Court of New Zealand, means Timmins Law can appear in any Court or tribunal within New Zealand.

Standards of service

New Zealand lawyers are required to act at all times in accordance with the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. These outline the obligations lawyers owe to clients. You can expect that your lawyer will protect and promote your interests, keep you informed, give you clear information and advice while protecting your privacy and treating you with respect.

The obligations of your lawyer are also subject to other overriding duties, including duties to the courts and to the justice system.

The Rules are binding on all lawyers and provide guidance around the boundaries within which a lawyer may practise. Within these boundaries, each lawyer needs to be guided by his or her own sense of professional responsibility. The Law Society's Ethics Committee provides guidance to lawyers on the application or interpretation of the Rules in certain circumstances.

The Rules are based on the fundamental obligations of lawyers, which are set out in section 4 of the Lawyers and Conveyancers Act 2006. These are:

To uphold the rule of law and to facilitate the administration of justice in New Zealand.
To be independent in providing regulated services to clients.
To act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients.
To protect, subject to overriding duties as officers of the High Court and to duties under any enactment, the interests of clients.

Whatever legal services your lawyer provides, they 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.
Give you 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.

If your lawyer does not meet these standards, you can raise the matter directly with us through our internal complaints process by emailing Timminslaw.co.nz (see our contact page)

If this does not resolve matters, you can consider lodging a concern or laying a complaint with the Lawyers Complaints Service.