FEE POLICY
If you choose to instruct us, the following will explain how we work and can be regarded as the standard terms and conditions on which you will engage us.
1. Client Instructions
The client will be identified as an individual or corporate entity. In the event of an individual, we will take instructions from the client only. In the case of a corporate entity, the person conveying the instruction will be regarded as the duly authorized representative of the entity to provide instructions, until we are advised to the contrary. We confirm that we can act on oral instructions, but we may from time to time or in relation to a particular instruction ask for instructions to be recorded in writing. We rely on you to give us all relevant information and to tell us promptly of any change in circumstances.
2. Personnel
Bianca Larratt and Lance Larratt will have primary responsibility for your matters and will act as your client relationship partners. We may from time to time need to involve others from our firm, for example where it may be efficient and cost effective to do so. The client will therefore have contact with candidate attorneys and paralegals during the conduct of a matter. We understand the importance of continuity, so we aim to minimize any changes in personnel and will discuss any changes to professional staff with you, if necessary.
We are committed to providing you with high-quality work and service that is both efficient and cost-effective. If you experience any problems or issues in relation to our performance, you are encouraged to raise these as soon as possible with us.
We will do our best to resolve the problem or issue and if necessary, implement remedial measures to ensure that the problem or issue does not repeat itself.
3. Fees
Our intention is to be transparent on the fees we charge and to ensure that work is performed at the appropriate level of seniority and experience and therefore cost.
Unless otherwise agreed, we will charge on a time spent basis. Our hourly charge out rates are based on practice area, seniority and experience and are reviewed annually. Please contact us in this regard for specific charge out rates.
When requested, we will endeavor to provide you with an estimate of costs in advance of performing work and updates of our costs as work progresses. Any estimate of costs provided is, however, an estimate of costs and not a fixed fee. Invoices will be based on actual time incurred. Our time is recorded in units of 6 minutes.
We record our fees on software designed specifically for the legal industry and you may at any time enquire as to the current total of your account. An increased rate may be charged for extremely urgent work or work which is highly specialized. Similarly, we may, at the discretion of the firm and directors, choose to charge a reduced rate when circumstances dictate.
4. Other Charges, Expenses and Disbursements
Our hourly charge-out rates do not include VAT, expenses or disbursements. Expenses or disbursements may include travel (applicable AA rates), printing, photocopying (per page), cellular telephone calls, courier fees, bank charges, company or other searches of public records and other expenses incurred for goods and services procured for your benefit. Disbursements may include the fees of advocates, experts, sheriffs, tracing agents, agent/correspondent fees and other professionals.
We will always consult with you before engaging any third party (such as Counsel) to act on your behalf. If we require to brief a third party to act on your behalf the seniority and choice of advocate will be discussed with you and we may require a deposit to be paid to us in an amount sufficient to cover the estimated charges of such third party.
Local postage (excluding registered post), minor telephone calls, faxes and routine secretarial work are included within our general fees.
5. Invoicing and Payment
Unless otherwise agreed in writing, we will invoice you periodically at appropriate intervals and our payment terms will be on presentation of our invoice.
If you have a question on any of our invoices, please contact us as soon as possible.
If any payment is not made after a request for payment, we reserve our right to suspend work on any or all of your matters, retain any work product in our possession, terminate our engagement on written notice to you and/or remove our name from the court record on any proceedings in which we may be acting for you.
6. Limitation of Liability
Our liability for loss or damage attributable to our negligence, breach of contract, misrepresentation or otherwise (but excluding fraud, fraudulent misrepresentation, death or personal injury) shall not exceed R1 million per single originating cause (or, if higher, such a minimum level of insurance cover as the Legal Practice Council requires us to maintain from time to time).
This limitation of liability shall apply to each and every matter, transaction or work carried out for you irrespective of whether a separate engagement is established with you for a particular matter and whether this limitation of liability is included in any such separate engagement.
Where there is more than one client, the above limitation of liability applies to the aggregate of all claims by all such clients and not separately to each client.
7. Indemnity
You hereby indemnify us, our partners, associates and employees from and against any and all claims, liabilities, losses, damages, costs and expenses and you will not (and you will procure that your subsidiaries and affiliates will not) make any claim against us, our partners, associates and employees to recover any liability, loss (including loss of profit), damage, cost or expense incurred by you or any such subsidiary or affiliate, in each case arising by reason of our engagement by you and/or the performance by us of our obligations or work, save to the extent resulting from our fraud, bad faith or willful default.
8. Confidentiality
We will treat as confidential all information and documentation that you may supply to us in the course of our engagement. We may, however, disclose confidential information to the extent necessary to comply with any applicable law, regulation or regulatory or other authority.
You agree to keep confidential any reports and legal opinions provided by us and to use the same only for your own internal purpose. You may, however, disclose our work to your professional advisers, with our prior written consent or if required by any applicable law, regulation or regulatory or other authority. Our responsibility in relation to any reports, opinions and other work will be owed solely to you and no third party shall be entitled to rely on our work.
9. Regulatory Requirements
You may be aware of the strict requirements imposed by the Financial Intelligence Centre Act 38 of 2001 (“FICA”) on attorneys before the commencement of work on behalf of a client. In terms of FICA, clients are obliged to provide certain information as well as verification documentation in respect of such information. We will write to you separately to provide you with a list of the information and documentation required from you. Please would you forward this information and documentation to us as soon as possible.
Certain provisions of the Protection of Personal Information Act 4 of 2013 (‘POPI”) came into effect in June 2020. Your personal information will be provided to us on the express understanding your consent, as required under POPI has been provided; that the firm will have access to your personal details which have been furnished to them for the purposes of attending to a matter; we are only authorised to release your personal information for the conduct of the matter; as well as to the South African Revenue Services; any bond cancellation and bond registration attorneys; any financial institution investing your funds; any advocate, sheriff or correspondent firm involved in the matter; and any relevant municipal authority. We will in addition to our POPI compliance store your details, as provided for and specified by the Legal Practice Council from time to time. As a firm of attorneys we however have the privilege of confidentiality under the law pertaining to all clients and regard the protection of your data as paramount.
10. Additional Provisions
Our engagement shall be governed by and construed in accordance with South African Law. No amendment or variation of these terms shall be effective unless it is in writing and signed by or on behalf of each of us. A person who is not a party to these term shall have no rights under it.