Retainer Fee Agreement South Africa

These are some of the advantages of retainer-based agreements: in the constitutional case of Ronald Bobroff & Partners Inc. v. De La Guerre; South African Association of Personal Injury Lawyers v Minister of Justice and Constitutional Development CC [2014] ZACC 2 decided that the lawyer and client must enter into a mandatory format agreement under the Contingency Fee Act for contingency fees between a lawyer and a client. A copy of the Contingency Fee Act can be found on the Legal Practice Council website here. The concept of a success fee is simple. The lawyer may not claim a success fee not exceeding 100% of the lawyer`s normal fees for legal services in a given case or up to a limit of 25% of the amount of the allocated capital (if that sounds like money) only if that case is successful. Some contingency fee agreements may require payments to be paid in advance by the customer. However, a lawyer may agree to provide his or her services on the basis of a success fee. We also offer a retainer-based plan for clients who “outsource” and consider us their external legal counsel. There are many different types of fee agreements, but the two most common types are based on: these conditions are immediately effective and replace any previous agreements, documents or agreements.

If you use us, you will be familiar with these terms and it is your responsibility either to request a copy of these terms or to obtain an updated copy of our site. Our GTC are available on request. In this structure, you pay X each month, and the lawyers are at your disposal for a certain number of hours this month. If you have work for them, the lawyers will drop everything to make sure they get by. Even if you don`t have a job for them, you still pay for it, since you buy their availability. Some lawyers allow unused retainer hours to transfer to the next month or later. For this retainer structure to work, there must be clear communication between us and you. For example, of course, you don`t want us to stop working without telling you, even if we have reached the ceiling, especially if this issue is important. We should inform you that we have reached the ceiling and you should tell us whether you are happy that we are stopping work for the month or that we are granting ourselves permission to exceed the ceiling. If this is common during the relationship, it could indicate that the cap is too low. If a client does not agree with the payments due or if their invoices are too general, clients have the right to request an invoice individually from the law firm. It`s important to thoroughly review any fee agreement when signing, as some fee agreements allow attorneys to cover higher costs if the costs in an individual statement are higher than the original invoice.