LEGAL COSTS
Legal costs are always the “white elephant” in the room.
The Great Fiction: –
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- All attorneys are rich.
- All attorneys play golf; and of course,
- All attorneys are thieves.
A Service
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- 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: –
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- 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: –
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- 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