Counsel's Fees

Counsel’s fees are governed by the Legal Practice Council in terms of section 35 (3) of the Legal Practice Act 28 of 2014 and Part IV of the Code of Conduct for legal practitioners.

My terms and conditions, effective 1 March 2025, are:

1. All fees quoted and presented by counsel exclude VAT unless so indicated. Counsel is not registered for VAT at present.
2. CODE OF CONDUCT PART IV promulgated in terms of the Legal Practice Act (“Code of Conduct”) shall apply save as varied herein or agreed in writing between the parties.
3. Save as provided in law or the Code of Conduct, counsel is instructed by an attorney who is and remains liable for the payment of his fees until settled in full.
4. Fees due and payable for litigious work shall be invoiced according to counsel’s fee list applicable for the court having jurisdiction in the matter.
5. Fees due and payable for non-litigious work shall be invoiced according to counsel’s fee list of nearest equivalence to the court that would have jurisdiction in the matter.
6. Counsel’s fee list is not in accordance with any agreed, published or promulgated tariff.
7. Collapse fees are due and payable in terms hereof unless specifically excluded.
8. Trial fees are due and payable in respect of all the days (or parts thereof) counsel has been reserved to appear and/or appears in court whether the matter proceeds or fails to proceed for whatever cause or reason.
9. Counsel’s fees are due upon presentation and are payable on or before the end of the month in which such fees are presented, invoiced or marked on the brief (“due date”).
10. In the event that the instructing attorney is not in funds at the time counsel’s fees are presented, then and only in such event shall such fees become payable upon the attorney’s receipt thereof from the client provided that the said fees shall be paid no later than 15 days after the due date whether or not the instructing attorney has received the funds in full from the client. The period of grace is a privilege granted and is not a right to withhold payment of counsel’s fees until the expiry of such period of grace.
11. Counsel’s fees shall attract interest at prime plus 2.5% or the legal rate, whichever is the greater, from the date of invoice to the date of payment.
12. Counsel may agree in writing to vary his fees and/or agree special terms such as payment by instalment or deferred payment. If an attorney or client defaults or is in breach of such an arrangement, counsel at his sole discretion may revert to counsel’s standard terms and fee list for any amounts remaining unpaid, which shall become due and payable forthwith without any period of grace, and charge interest on the outstanding balance until payment is received in full.
13. Counsel’s fees in contingency matters shall be governed by a contingency fee agreement concluded in terms of the Contingency Fees Act 66 of 1997.
14. Pro amico fees shall mean that counsel’s fees are reduced as agreed, excluding costs (“mate’s rates”) save in the event of default or a favourable costs order, in which case fees as are permissible under section 92 of the Legal Practice Act shall apply.
15. Pro bono fees shall mean that counsel’s services are provided free-of-charge, excluding costs, except as are permissible under section 92 of the Legal Practice Act.
16. All legal and other costs incurred in recovering any sum due to counsel by the attorney or the client shall be payable on the Rule 67A High Court B-scale.