Mark Jepson | Barrister
Criminal, civil and traffic lawyer, Hamilton, NZ.
Phone or text 021 633 460
TERMS OF ENGAGEMENT FOR MARK JEPSON, BARRISTER
These Terms of Engagement (the Terms) apply in respect of all work carried out by me, Mark Jepson, except as otherwise agreed in writing. The Terms should be read in conjunction with the Terms of Instructions. These Terms also sets out information required to be provided to you by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society.
1. Services
The services that will be provided to you by me are outlined in the Terms of Instructions. That defines the scope of my retainer. In instructing me to perform those services you also instruct me to take any steps on your behalf which are necessary or appropriate in order to perform the services.
2. Fees
2.1 Rate
The basis on which fees will be charged is set out in your Terms of Instructions. If your Terms of Instructions specifies a fixed fee, I will charge this amount for all work falling within the agreed scope of my retainer. Work which falls outside that scope will be charged on an hourly rate basis as set out in the Terms of Instructions. I will advise you as soon as reasonably practicable if it becomes necessary to provide services outside the agreed scope and, if you request, will give you an estimate of the likely amount of the further costs.
2.2 Disbursements and Expenses
In providing services I may incur disbursements or have to make payments to third parties on your behalf. These will be included in my invoice to you.
I do not charge separately for printing, photocopying, toll calls, folders, document binding, national couriers, and other incidental expenses. Instead, my invoices may include a simple service charge of 3% of my fee (excluding GST). However, if the cost of any of the above disbursements is disproportionately higher than 3% of my fee, I reserve the right to invoice you separately for those disbursements.
Significant disbursements and expenses, such as filing fees, research costs, travel, and accommodation, will be separately included in any invoices. I may require an advance payment for any such disbursements.
2.3 Goods and Services Tax (GST)
GST is payable by you on fees, disbursements, and expenses.
2.4 Invoices
I will invoice you directly or care of the instructing solicitor and copy the account to you. I will send interim invoices to you, usually monthly and on completion of the matter, or milestones, or termination of the engagement. I may also send you an invoice when incurring a significant expense.
2.5 Payment
Invoices are payable upon receipt of the invoice, unless alternative arrangements have been made with me in writing. I may require interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate of 20% above the ANZ's 90-day bank bill buy rate as at the close of business on the date payment became due.
It is expected that you will pay the account directly to me. However, if you prefer, you may arrange for the instructing solicitor to pay my account.
Before commencing work, I may require you to deposit money into my instructing solicitor’s trust account to be held on account of my fees. Money held on account of fees is not an estimate or quote for the services I am providing. It will not necessarily all be used, although further funds on account of fees may be required later.
You authorise my instructing solicitor to deduct from money deposited by you in his/her trust account any fees, expenses, or disbursements which I have invoiced you for.
2.6 Third Parties
Although you may expect to be reimbursed by a third party for my fees and expenses, and although invoices may at your request or with your approval be directed to a third party, you remain responsible for payment to me if the third party fails to do so.
2.7 Non-payment of Invoices
Any invoice that remans unpaid for more than 30 days from the due date may be either put in the hands of a third party to collect payment or I may file legal proceedings to recover the unpaid amount. Any costs incurred in enforcing payment of unpaid invoices, whether by a third party or myself, charged at my usual hourly rate, is payable by you.
3. Confidentiality and electronic communications/storage
I will hold in confidence all information concerning you or your affairs that is acquired during the course of acting for you. I will not disclose any of this information to any other person except: to the extent necessary or desirable to enable me to carry out your instructions; or to the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers. Confidential information concerning you will as far as practicable be made available only to the instructing solicitor and to those within or contracted to my practice. I will not disclose to you any information which I have retained in relation to any other client, even if that information may be of interest to you in relation to your matter.
Unless otherwise agreed with you, I will communicate with you and others by electronic means. While I take all care to ensure the security of such communications, they are from time to time subject to interference or interception, or contain viruses or other defects. I do not accept responsibility and will not be liable for any damage or loss caused in connection with the corruption of an electronic communication.
Your documents will be stored electronically, both on a computer located at my Chambers and off-site (in New Zealand and overseas). If you have any difficulty with this, you should let me know.
4. Termination
You may terminate the retainer at any time. I may terminate the retainer for good cause and after giving reasonable notice to you specifying the grounds for termination. If the retainer is terminated, you must pay my fees due up to the date of termination and all expenses incurred by me up to that date.
5. Retention of files and documents
Unless otherwise agreed in writing you authorise me to destroy any files and documents obtained by me in relation to your matter. I will normally do this 7 years after the engagement ends, or earlier if I am unaware of any potential further use for the file or document. I may return your files and documents to the instructing solicitor or to you. Physical documents may also be destroyed if they have been converted into an electronic format.
6. Duty of care and non-assignment
My duty of care is to you and not to any other person. Before any other person may rely on the advice you receive from me, I must expressly agree to this in writing. You may not assign your rights under the retainer to any other person.
7. Scope of the Terms
The Terms apply to any current engagement and also to any future engagement, whether or not I provide you with another copy of them.
8. Amendment of the Terms
I may change the Terms from time to time, in which case I will notify you of the amended Terms.
9. Choice of Law
My relationship with you is governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction unless otherwise agreed in writing.
10. Professional indemnity insurance
I hold professional indemnity insurance that exceeds the minimum standards specified by the Law Society. I will provide you with particulars of the minimum standards upon request.
11. Lawyers' Fidelity Fund
The Law Society maintains the Lawyers' Fidelity Fund for the purpose 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.
The Lawyers’ Fidelity Fund does not provide cover in relation to barristers sole as they do not hold client funds.
12. Complaints
If you have a complaint about my services, please raise it with me and/or my instructing solicitor. I would be happy to meet with you to discuss your concerns, so that we can try and resolve them between ourselves.
If you do not wish to meet with me, or are not satisfied with my response, I invite you to refer your complaint to Philip Morgan QC, my Head of Chambers. He may be contacted at:
- PO Box 19201, Hamilton 3244;
- pjmorgan@thackeraychambers.co.nz; or
- 07 838 2414.
The Law Society also operates a Lawyers Complaints Service and you are able to make a complaint to that service. A copy of information on how to use the Law Society service is available on request.
13. Persons responsible for the work
I will have personal responsibility for the services I provide to you.
I may obtain assistance from junior barristers and/or law clerks. They will have no personal responsibility for your work. Their time will be charged at the rates indicated in my Terms of Instructions.
14. Client Care and Service
The Law Society client care and service information is set out below.
Whatever legal services your lawyer is providing, he or she 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;
- Provide you with 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; and
- Let you know how to make a complaint and deal with any complaint promptly and fairly.
The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.
If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.
15. Limitations on extent of my obligations or liability
Unless otherwise agreed in writing, my liability to you is limited to the maximum single claim amount in my barrister’s indemnity insurance. This amount is available on request.
To get help with preparing your electronic case on appeal call Mark on 021 633 460 or email at mark@jepson.co.nz or visit the Home page for further contact information.