Mark Jepson | Barrister
Criminal, civil and traffic lawyer, Hamilton, NZ.
Phone or text 021 633 460
TERMS OF INSTRUCTIONS
1. Introduction
1.1. Thank you for instructing me in this matter.
1.2. These Terms of Instruction sets out the scope of the legal work I will undertake on your behalf and the basis upon which fees will be charged for that work. Also, available by request and online are my Terms of Engagement. If you have not received or viewed a copy of those terms, please let me know and I 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 my services to act for you in relation to the Instructions field of the New Client Information Form hosted on my website and submitted by you. Once the New Client Information Form has been submitted (which emails a copy to you and me) either party can correct the instructions if necessary. If you have instructed me 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; and remands, delays or adjournments.
2.2.3. Other than the usual work that can fall outside the scope of work, as listed above in 2.3., you will be notified of any work that is required which does not fall within the fixed fee arrangement prior to that work commencing.
3. My undertakings
3.1. I am committed to serving you professionally and ethically and make the following undertakings to you.
3.2. I will work with you to develop an understanding of your expectations. We will work together to establish goals and deadlines that meet your needs.
3.3. I will pursue your work conscientiously. In turn, I will need your full and timely cooperation to help represent you
3.4. I will communicate with you and keep you informed about the status of the work. I will endeavour to return telephone calls promptly. I will send you copies of significant correspondence and other documents.
3.5. I will hold strictly confidential all communications with you and all information which I receive from you during the course of our dealings. I will not reveal your confidences without your express agreement.
4. Basis of fee
4.1. My current hourly rate is $275 plus GST. I may also obtain assistance from a junior barrister or administrative assistant. His/Her time will be charged at $137.50 per hour plus GST or less.
4.2. The standard fixed fee for a limited licence is $950 + GST for an unopposed limited licence application to the Hamilton District Court.
4.3. I charge a reduced hourly rate for travel, being 50% of my current hourly rate. I charge the IRD rate of .82c per kilometre measured to and from my chambers if your matter is out of Hamilton.
4.4. Generally, my fees reflect the time I spend on a matter, charged at my 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 my Terms of Engagement, I will not invoice you separately in respect of day to day disbursements such as photocopying, printing, and toll calls. Instead, I may charge a simple service charge of 3% of my fee (excluding GST). Larger disbursements will be separately included in any invoice.
4.6. If my invoices are not paid by their due date, I may charge interest at a rate of 15% per annum. You will be liable for all legal and debt collection costs that I may incur in obtaining or attempting to obtain payment of my invoice, together with interest.
5. Direct instructions
5.1. I am able to accept direct instructions (that is, without the need for an instructing solicitor) in certain situations, including this case.
5.2. If, during the course of my work for you, I 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, I will discuss with you the potential engagement of an instructing lawyer.
6. Acceptance of terms
6.1. Please confirm I have accurately described the basis of my engagement, and you accept my Terms of Engagement, either by signing a copy of the letter if sent to you and returning it to me, 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 me if you have any queries in relation to these Terms of Instructions or any matter set out in my Terms of Engagement.
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.