Your Attorney is charging you for their service and it’s not just a once-off fee.
We’re a small firm and so “big law” fees don’t work for us and for our clients – and we are okay to admit this! Our fixed fees are disclosed upfront and do not change.
The service we offer leaves our clients feeling satisfied that their money was well spent because we create the value that justifies the costs.
Litigious fees are not tariffed and much goes into the consideration of an hourly rate. If we look at the average timeline for trial, your Attorney is most likely going to spend approximately four months on your matter before a trial date is allocated.
Further attendances on trial prep are also generally unknown to the client at the start of a matter. Your bill might be higher than you expected and it’s something you should discuss upfront with your Attorney before you agree to commence proceedings.
Our advice? Scrutinize the schedule of fees and ask for a cost notice which you are entitled to receive in terms of section 35 (7) of the Legal Practice Act 28 of 2014. The written cost estimate notice must specify all details relating to expected costs, including:
- The likely financial implications including fees, charges, disbursements and other costs.
- The Attorney’s hourly fee rate and an explanation to the client of his or her right to negotiate the fees payable to the Attorney.
- An outline of the work to be done in respect of each stage of the litigation process, where applicable.
- The likelihood of engaging an advocate, as well as an explanation of the different fees that can be charged by different advocates, depending on aspects such as seniority or expertise.
- If the matter involves litigation, the legal and financial consequences of the client’s withdrawal from the litigation as well as the costs recovery regime.
In addition to the written document, your Attorney is legally required to verbally explain every aspect of the cost notice and any other fee-related details before they begin.