LEGAL COSTS

Legal costs are always the “white elephant” in the room.

The Great Fiction: –

    • All attorneys are rich.
    • All attorneys play golf; and of course,
    • All attorneys are thieves.

A Service

    • Attorneys provide a professional service for a price.
    • Attorneys are lawfully entitled to expect payment for their services and entitled to deny legal assistance for non-paying clients.
    • Payment arrangements are at the discretion of the Attorneys.

TYPES OF LEGAL COSTS EXPLAINED:

Party and Party costs: –

    • Party and party costs are legal costs that a court may order the defendant to pay to the plaintiff in a court case.
    • Party and party costs are costs incurred in the course of prosecuting or defending a claim in court.
    • It does not include legal costs incurred before a summons or notice of motion has been issued and served and also don’t include costs related to attendances between you and your attorney.
    • It does include the attorney’s charges for time spent communicating with the other party’s attorney.
    • The costs are subject to court tariffs as set out below.

Attorney and Client costs: –

    • Attorney and client costs include party and party costs, as well as other legal costs – including charges for attendances between you and your attorney.
    • The costs are subject to court tariffs as set out below.

Attorney and “own” Client costs: –

  • These are the actual fees payable by a client to an attorney, in terms of their fee agreement (in which case the hourly rate is not restricted to the statutory Magistrates and High Court tariffs).
  • The costs are NOT subject to court tariffs as set out below.

PRO BONO

  • Clients without the means to funds for legal services can apply for representation through the pro bono scheme at the LPC in their jurisdiction.
  • LINK: https://lpc.org.za/
  • LEGAL AID
    • Clients without the means to funds for legal services can apply for representation through Legal Aid in their jurisdiction.
    • LINK: https://legal-aid.co.za/

SCALES

  • High Court

https://www.lexpro.co.za/2022-07%20High%20Court%20Tariffs.pdf

https://www.lexpro.co.za/2022-07%20Hoe%20Hof%20Tariewe.pdf

  • Magistrate Court

https://www.lexpro.co.za/2022-07%20Magistrate’s%20Court%20Tariffs.pdf

https://www.lexpro.co.za/2022-07%20Landdroshof%20Tariewe.pdf

  • Contingency Fees and Agreements

          https://www.justice.gov.za/legislation/acts/1997-066.pdf