FAQs. > Questions About Briefing Geoff Clews > Terms upon which instructions are accepted
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Terms upon which instructions are accepted
Effective from 1 March 2012 1.1 Instructions must be received through a solicitor unless one of the recognised exceptions to this requirement applies. 1.2 Unless specific arrangements are made for any member of my staff to act, I will have principal responsibility for the conduct of work in relation to all instructions. 1.3 I am authorised to deal directly with the solicitor’s client (“the client”), on the basis that the solicitor is kept informed of all material developments in the client’s case as they occur. 1.4 In tax matters, unless otherwise decided, I am authorised to enter into correspondence with the Inland Revenue Department and its advisers or counsel on behalf of the client. Copies of all major correspondence on behalf of or with the client will be sent to the instructing solicitor as the correspondence occurs or as soon thereafter as practicable. 1.5 In all matters affecting a company, instructions will be treated as coming from that company and its shareholders and directors and the solicitor may recover my fee from all and any of them.
1.6 The instructing solicitor will be responsible for taking all steps usually reserved to a solicitor in relation to the filing of proceedings, including the receipt of service of documents, unless arrangements have been made for me to attend to such matters. 2.1 Instructions will not be confirmed until a suitable retainer has been paid to the solicitor’s trust account to assure payment, or to be held on account, of my fees. The retainer will not usually be less than $7,500 and may be more depending on the circumstances. 2.2 In tax debt cases involving the potential for the bankruptcy of an individual or the liquidation of a company, the retainer will not normally be less than $10,000 and could be more depending on the circumstances. In such a case the retainer and other fees should be paid by a person or through an entity not subject to the threat of bankruptcy or liquidation. 2.3 Once paid, the retainer must be held by the solicitor and may not be returned if the brief has not been completed or an account has been issued for my fees. The retainer may be held as a surety for the payment of my fees or may be applied in or towards payment of those fees upon an invoice being issued, at my option. By instructing me through its solicitor, the client authorises the solicitor, without need for further instructions, to apply the retainer in or towards payment of any fees that have been invoiced by me but not paid. 3. CALCULATION AND PAYMENT OF FEES Responsibility for fees 3.1 The instructing solicitor is responsible for my fees and other costs unless alternative arrangements are made for the client to pay those fees and costs directly and on account of the solicitor.
3.2 Even if such alternative arrangements are made, the instructing solicitor accepts a responsibility to pursue by all reasonable means payment of my fees and costs by the client, if they are not paid directly and in accordance with these terms. 3.3 My fee will be a fair and reasonable charge for the work involved in the instructions. That fee will generally reflect an hourly rate for time and attendances involved in dealing with the instructions, but the fee need not be limited to that rate alone and may be adjusted for the value of the matter involved, urgency and the like. At the time of accepting the present instructions my hourly rate is $650 per hour, plus GST. 3.4 If legal staff who are employed by or engaged through me undertake work on the instructions, a fee for their time and attendances will be charged, generally reflecting an hourly rate commensurate with their experience. Work delegated to any junior or assistant working on my staff, or with me will be charged at the rate between $250 and $350 per hour plus GST, depending on their experience. 3.5 These hourly rates are subject to a prompt payment discount (see 3.12) Fee arrangements 3.6 In some cases I may accept an instruction of the basis of a fixed fee. In such cases the agreed fee must be deposited in full with the instructing solicitor before work begins. It must be paid to meet interim invoices and must not otherwise be withdrawn from the solicitor while my attendances are continuing. 3.7 In some cases I may accept an instruction based on a negotiated blended hourly rate reflecting my own and that of any Junior. Office costs and disbursements
3.8 In addition to my fee, all office costs, disbursements and out of pocket expenses will be charged, plus GST. Office costs include copying, faxes, telephone charges and similar costs and will be charged at rates set from time to time. Disbursements and out of pocket expenses will be charged by way of reimbursement only.
3.9 Hourly rates may change from time to time and any change will be notified via my website. Such notification will suffice to change hourly rates applicable to a current brief. 3.10 My fee and costs will normally be billed monthly in an itemized account recording my attendances. Each account is immediately payable. Unless prior arrangements for payment over time have been made, I may adjust any fee that has not been paid within one month of the date of issue for an interest charge. That charge will not exceed the unauthorized overdraft interest rate applicable to my practice account plus a margin of 2%. 3.11 In most cases my account will be addressed and rendered to the instructing solicitor even when the client has agreed to pay directly, but a copy of the account will normally be sent directly to the client unless I am requested by the instructing solicitor not to do this. If the client requires an account to be addressed to a specific entity or person, that should be arranged through the instructing solicitor. 3.12 Fees charged on the basis of the hourly rates cited at 3.3 and 3.4 above (or more), which are paid within 30 days of the account being rendered, qualify for a discount of 10% (ie, an hourly rate of $650 is reduced to $585 plus GST and a rate of $250 is reduced to $225 plus GST). All other charges are payable at face value. This discount for prompt payment does not apply to other payment arrangements. Termination of brief for non-payment
3.13 If an account remains unpaid beyond 30 days from the date of issue I may terminate the brief and seek leave to withdraw from any proceedings then being undertaken, without affecting the obligation of the client and solicitor to meet my fee.
3.14 I may at any time request that security be given by a client to my instructing solicitors for the payment of fees already incurred, or to be incurred, and may terminate the brief if security is not provided within a reasonable time, without affecting the obligation of the client and Solicitor to meet my fee.
4.1 I hold indemnity insurance that exceeds the minimum standards specified by the New Zealand Law Society.
5.1 I accept no liability of any kind which exceeds my professional indemnity insurance cover for the matter in question. By instructing me a client acknowledges this limitation of liability in relation to the brief and agrees to it.
6.1 Any complaint about my service or that of any person working in my practice should be referred to me in the first instance and will be responded to urgently. If you would prefer the complaint to be referred to an independent lawyer, I will arrange for that to occur. If you wish to make a complaint to the Law Society you may do so by contacting 0800 261 801 or by using its website www.lawsociety.org.nz. |