Sean Kelly Lawyers are dedicated legal practitioners.The firm was established in 1986 in Mt Eden. We provide a wide range of legal services specialising in, but not exclusively, sale and purchase of property, refinancing, mortgages, leases, wills, estates, trusts, asset/estate planning, relationship property, family law, powers of attorney, enduring powers of attorney, company law, commercial law, business law, and general legal services.We believe in delivering our legal services with care, respect, clear communication, reassurance in decision making, smooth facilitation and execution of all matters to the client no matter how big or how little the job involved.
We believe there are significant advantages for a client in dealing with a single lawyer who has a good understanding of all the client's affairs, business and legal requirements. The long term relationships that we have with so many clients and their extended families is a testament to the effective way in which we provide legal services to our clients.
We have broad legal experience and specialised knowledge in certain areas. In addition we maintain close relationships with a network of highly regarded barristers and other specialists to whom clients can be referred for certain specialised matters.
Our firm has grown significantly as a result of clients' confidence in the legal services that we provide.
We act for clients in Auckland, throughout New Zealand and overseas.
Sean graduated from the University of Auckland with the degree of Bachelor of Laws with Honours. He was admitted as a Barrister and Solicitor of the High Court of New Zealand on the 28th September 1978. He specialises in, but not exclusively, property, mortgages, trusts, wills, estates, asset planning, relationship property agreements, family law, company law, businesses, leases, powers of attorney and enduring powers of attorney
BA, Dip.Teaching NZ.Office Manager
Liz has been working for the firm since 1997.
She is responsible for the trust accounting, maintenance of clients data base, deeds register, publication of client newsletter, debtors and creditors and office management.
Liz is very personable and interacts extremely well with our clients.
Claudia is highly experienced in office procedures relating to legal duties and support administration. Claudia is a trusted, competent and welcoming member of staff.
We are looking to expand the firm with the right people. We are looking for talented lawyers to integrate into our firm. If you are hard-working, committed, self-motivated enjoy a variety of legal work, and believe in excellence, we will consider your application or CV.
Sean Kelly Lawyers provide a wide range of legal services specialising in, but not exclusively, property law, refinancing, mortgages, leases, businesses, asset/estate planning, trusts, family law, commercial law, powers of attorney and enduring powers of attorney, wills and estates and relationship property agreements.
Click to find out more about each of our main service categories.
Sean Kelly Lawyers will refer clients to Law specialists in areas of expertise outside this firm's legal fields if this is required to best represent the clients' needs. We maintain close relationships with a network of highly regarded specialists in a variety of areas
These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.
We wish to work for and with you to provide the best possible legal service and advice and to achieve the very best possible outcomes for you. We aim to provide the legal expertise and competence that you would expect from a large firm but with the added benefit of personal service. Our library online and precedents are extensive and are similar to those of a very much larger legal firm.
We have the usual authority of a lawyer to act on your behalf in relation to each instruction that we accept. This includes your authority to reasonably incur expenses, engage law firms in other parts of New Zealand or overseas and to engage external barristers and or experts. We have authority from you to accept instructions from any officer or employee of any client company, from any trustee or officer of a trust, from any partner or officer of any partnership and where the work relates to a couple from either person.
The services we are to provide for you are outlined in our engagement letter.
Our fees are charged in accordance with the guidelines laid down by the Rules of Professional Conduct of the New Zealand Law Society which require that fees be fair and reasonable for the services provided. In fixing the fee we are entitled to take into account matters such as:
The fees we will charge or the manner in which they will be arrived at, can be set out in our engagement letter.
lf the engagement letter specifies a fixed fee, we will charge this for the agreed scope of our 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 the agreed scope and, if requested, give you an estimate of the likely amount of the further costs. If the engagement letter specifies a fixed fee in relation to conveyancing or property work then that indication regarding the fee is on the strict understanding that there is no variation to the agreement, no title defect and no dispute with the other party. lf any of these situations arise we will charge you for the additional services rendered for this additional work which shall be charged in accordance with the guidelines laid down by the Rules of Professional Conduct of the New Zealand Law Society.
Disbursements and expenses
ln providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred. We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.
GST (if any)
ls payable by you on our fees and Charges. Invoices We will send interim invoices to you, usually monthly and on completion of the matter, or termination of our engagement. We may also send you an invoice when we incur a significant expense.
Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made with us. We may require interest to be paid on any amount which is more than 7 days overdue calculated at the rate of 15%. In cases relating to property, conveyancing, loan, commercial, business or other transactions where there is a specific settlement date, all fees and expenses must be paid not later than the day before the settlement date.
We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us
a) to debit against amounts pre-paid by you; and b) to deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which we have provided an invoice.
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, nevertheless you remain responsible for payment to us if the third party fails to pay us.
We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person except:
a) to the extent necessary or desirable to enable us to carry out your instructions; or
b) to the extent required by law or by the Law Socìety’s Rules of Conduct and Client Care for Lawyers.
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.
We will of course, not disclose to you confidential information which We have in relation to any other client.
You may terminate our retainer at any time. We may terminate our retainer in any of the circumstances set out in the Law Society‘s Rules of conduct and Client Care for lawyers
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.
You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 7 years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.
We have procedures in place to identify and respond to conflicts of interest. lf a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society's Rules of Conduct and Client Care for Lawyers.
Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.
We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). lf we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank. In that case we will charge an administration fee of 5% of the interest derived.
For the purposes of any claim against us, as defined by the Limitation Act 2010, whether in contract, tort, equity or otherwise whatsoever, arising out of our engagement, the Limitation Act 2010 shall be modified so that the claim must be filed within 12 months after the date of the Act or omission on which the claim is based.
The “late knowledge” provisions in Sections 11 (2), 11 (3), 14 and 32 (2) shall not apply. The 12 month time period applies whether or not loss or damage has become apparent or has been suffered within that time period.
These Terms apply to any current engagement and also 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 non-exclusive jurisdiction.
Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“Law Society”).
The basis on which fees will be charged and when payment of fees is to be made are set out in clause 5 of our Standard Terms of Engagement. We may deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which We have provided an invoice or in the case of disbursements, which you authorise us to incur prior to the issue of an invoice.
We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society. We will provide you with particulars of the minimum standards upon request.
The Law Society maintains the Lawyers’ Fidelity Fund for the purposes of providing clients of lawyers with protection against pecuniary loss arising from theft by lawyers.
The maximum amount payable by the Fidelity Fund by Way of compensation 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.
We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. lf you have a complaint about our services or Charges, you may refer your complaint to the person in our firm who has overall responsibility for your work.
lf you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to Sean Kelly. He may be contacted as follows
The Law Society operates the Lawyers Complaints 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, which can provide information and advice about making a complaint
The names and status of the person or persons who will have the general carriage of or overall responsibility for the services we provide for you are set out in our letter of engagement.
The Law Society client care and service information is set out below.
Whatever legal services your lawyer is providing, he or she must:
If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.
Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our Terms of Engagement and/or any letter of engagement.
For your convenience, there are free designated parking spaces available at Zone 23. We have listed some parking options below.