When people say “talk is cheap”, they probably were not talking to their Attorney.
Why not? Well, Attorneys charge for phone calls.
When you pay your legal account you aren’t just paying the Attorney’s hourly fee, as there is a lot more that goes into solving your case than can be encompassed in an hourly fee.
So, you may be wondering what are these “extras” or “hidden” costs that make up that grand total. I hate to be vague, but it depends on what your case requires to be done in order for a resolution to be met.
These are the most common costs encountered:
- As stated above, Telephone Calls are billed.
Which calls? All of them.
- Facsimiles,
The legal profession is one of the oldest professions around, to remind everyone of this, we still send faxes.
- Photocopies
- Travel Costs
Most likely charged at the AA rate for the company vehicle, on average around R4.00 per KM. This differs from firm to firm.
- Advocates
- Sheriffs
Sheriff’s serve summonses, notices of motion, execute writs and warrants, amongst many other things. All that they do, they do for your case; and at a price.
The general rule is; anything that an Attorney does that costs money in order to resolve your case will be added to your account. Attorneys do have to cover their costs after all.
With that being said, your account should not shock you to your core.
At your first consultation with your Attorney, they should present you with a Fee Agreement. If they don’t, you can ask for one. A Fee Agreement sets out what your Attorney charges for and how much. There should be no real “hidden” costs.
In South Africa legal costs are regulated in terms of the Legal Practice Act by the Rules Board for Courts. Each year the recommended tariffs, including those levied by sheriffs for service and execution, are revised. For the recommended Tariffs as of February 2015 please click here.
Attorneys are permitted to charge more than the recommended tariffs. So make sure you see a Fee Agreement and also make sure you choose attorneys that are transparent in all their actions.
SOURCES:
Legal Practice Act 28 of 2014;
South Africa (2015) Rules Board for Courts of Law Act, 1985(Act No. 107 of 1985): Amendment of the Rules Regulating the Conduct of Proceedings of the Several Provincial & Local Divisions of the High Court of South Africa (Proclamation No. R. 30, 2015) Government Gazette No.38399, 23 January 2015 (Regulation Gazette No. 10349).
Law Society of South Africa; www.lssra.co.za
Theophilopoulos, C; et al; Fundamental Principles of Civil Procedure Second Edition (2012) Chapter 24
