New Zealand Law Society - Discuss fees in advance

Discuss fees in advance

Fees charged by lawyers in Aotearoa New Zealand must be fair and reasonable and you must be given information in advance about how fees are to be charged.

Most lawyers charge an hourly rate. Your lawyer's fee may depend on a few factors such as: 

  • the lawyer's skill and experience in their specialist area
  • how complex or urgent the work is
  • how much time is needed
  • additional administration or disbursements (like court filing fees they pay on your behalf) costs associated with the work.

Other factors that may influence the overall fee

Find out more on fees and payment 

You’ll need to understand and agree on:

  • what work is to be done, and the likely fees and other costs
  • how fees will be paid
  • process for the lawyer to report progress and any changes to you.

You can ask your lawyer to keep you updated on the work they are doing for you and any impact it may have on your fees.

Questions to ask your lawyer about costs

  • Will I be charged for an initial consultation/appointment?
  • How do you charge? For example, hourly rate or fixed price?
  • If we go to court, will the overall cost change? 
  • Are there other reasons the overall cost will change?
  • Are there any extra costs that we haven’t discussed? 
  • How often will I receive invoices?
  • What information will be included in the invoices to explain the amount charged?
  • How long will I have to pay invoices?
  • Do you offer payment options?

What to expect from your lawyer

Your lawyer must tell you up front how they will charge for their work and the way in which payments must be made. 

They might not know how much work is involved in your case based on only an initial appointment. Once the lawyer has reviewed the matter, you are entitled to ask for a fee estimate. This estimate will be based on their assessment at the time and may change as the matter progresses. However, a lawyer should provide an updated estimate to you if the expected costs change for whatever reason.

A lawyer may charge for office fees (like photocopying or binding documents) and will charge you for any disbursements (like court filing fees they pay on your behalf). 

Find out more: Your rights and lawyer's obligations.

If you are struggling to pay the fees

Make sure you are upfront and honest with your lawyer about any issues you might be having with paying your bills.

Your lawyer may be willing to make a payment arrangement to assist you. Each individual lawyer or firm can decide whether to offer a payment plan (or not). 

Depending on how much you earn and your financial situation, you may be entitled to Legal Aid. As a client, your lawyer is required to inform you if you may be eligible for Legal Aid, however this does not mean that your lawyer is in a position to work on legally aided matters.