Mark Jepson Law
Criminal, civil and traffic law, Hamilton, NZ.
Phone or text 021 633 460
TERMS OF INSTRUCTIONS
1. Introduction
1.1. Thank you for instructing us in this matter.
1.2. These Terms of Instruction sets out the scope of the legal work we will undertake on your behalf and the basis upon which fees will be charged for that work. Also, available by request and online are our Terms of Engagement. If you have not received or viewed a copy of those terms, please let us know and we will provide you with another copy. References in the Terms of Engagement to the Terms of Instruction refer to these terms.
2. Scope of Work
2.1 You have engaged our services to act for you in relation to the Instructions field of the New Client Information Form hosted on our website and submitted by you. Once the New Client Information Form has been submitted (which emails a copy to you and us) either party can correct the instructions if necessary. If you have instructed us with regards to a Limited Licence, the scope of that work is set out below in 2.2.
2.2 With respect of instructions for a Limited Licence application, the scope of work is as follows:
2.2.2. Work that is not covered by the standard fixed fee are things such as: The Police opposing your application for any reason whatsoever; the Police requiring further evidence or submissions after the application has been filed in order to obtain consent of the Police; applications not filed or heard in the Hamilton District Court; sentencings; remands; delays; adjournments; and/or complications that are out of our control.
3. Our undertakings
3.1. We are committed to serving you professionally and ethically and make the following undertakings to you:
3.1.1. We will work with you to develop an understanding of your expectations. We will work together to establish goals and deadlines that meet your needs.
3.1.2. We will pursue your work conscientiously. In turn, we will need your full and timely cooperation to help represent you.
3.1.3. We will communicate with you and keep you informed about the status of the work. We will endeavour to return telephone calls promptly. We will send you copies of significant correspondence and other documents.
3.1.4. We will hold strictly confidential all communications with you and all information which we receive from you during the course of our dealings. We will not reveal your confidences without your express agreement.
4. Basis of fee
4.1. As of 1 January 2025 rates are as follows: Mark's hourly rate is $420 plus GST. Employed barristers are charged at the following rates: Ashleigh Beech's hourly rate is $300 plus GST; and Elisa Saunders' hourly rate is $300 plus GST. We may require the assistance of a law clerk charged at an hourly rate of $100 plus GST or a junior barrister at an hourly rate of $180 plus GST.
4.1.1 Hourly rates are reviewed and then changed to take effect from 1 January each year. Hourly rates will not increase other than on 1 January of each year. Matters that are already open when hourly rates are increased will be subject to the new increased hourly rates. The current rates will always be available online.
4.2. The standard fixed fee for a limited licence is $1300 plus GST for an unopposed limited licence application to the Hamilton District Court.
4.3. We charge a reduced hourly rate for travel, being 50% of the current hourly rate. We charge the current IRD per kilometre rate measured to and from our chambers if your matter is out of Hamilton.
4.4. Generally, fees reflect the time spent on a matter, charged at the current hourly rate, and adjusted where appropriate to reflect other factors. These factors may include the specialised knowledge, skills, or responsibility required, the amounts involved, the importance of the matter, urgency, and the results achieved.
4.5. As noted in the Terms of Engagement, We may invoice you separately in respect of day to day disbursements such as photocopying, printing, and toll calls. We may Instead charge a simple service charge of 3% of the fee (excluding GST). Larger disbursements will be separately included in any invoice.
4.6. If invoices are not paid by their due date, we may charge interest at a rate of 20% per annum. You will be liable for all legal and debt collection costs that we may incur in obtaining or attempting to obtain payment of the invoice, together with interest.
5. Direct instructions
5.1. We are able to accept direct instructions (that is, without the need for an instructing solicitor) in certain situations.
5.2. If, during the course of our work for you, we form the view that in all of the circumstances it would be in your best interests or in the interests of justice for an instructing lawyer to be retained, we will discuss with you the potential engagement of an instructing lawyer.
6. Acceptance of terms
6.1. Please confirm we have accurately described the basis of the engagement, and you accept the Terms of Engagement, either by signing a copy of the letter if sent to you and returning it to us, or by some other written means, including by email or by submitting a New Client Information Form online and checking the relevant check box accepting these Terms or Instructions and checking the relevant check box accepting the Terms of Engagement.
Please contact us if you have any queries in relation to these Terms of Instructions or any matter set out in the Terms of Engagement.