Fee Structure and Terms of Payment

The following provisions will apply in respect of all work undertaken by

Fordham Attorneys

(“the attorneys”) acting on behalf of:

Full name and surname: ______________________________________________;
Identity number: _____________________________________________________;
Physical Address: ____________________________________________________;
Contact number: _____________________________________________________;

(“the client”)

unless varied by agreement and recorded in writing.

The fact that this document may not be signed by either of the parties will not per se invalidate these provisions or render them unenforceable. To render these provisions applicable and enforceable it will be sufficient that the client is aware hereof and thereafter employs the attorneys.

  1. ACCOUNTING AND PAYMENT
    1. Interim accounts will be rendered at intervals which the attorneys considers appropriate.
    2. The attorneys will not be obliged to render detailed accounts in respect of pre-agreed fees.
    3. Unless otherwise specifically agreed payment terms are:
      1. if the attorneys hold a deposit or any other monies on behalf of the client, disbursements incurred and fees accounted for will automatically be set off against such amounts;
      2. disbursements made by the attorneys are repayable on demand or against delivery to the client of the attorneys’ statements therefor;
      3. fees are payable against delivery of the attorneys’ statements of account therefor (interim or otherwise); and
      4. the attorneys may require advance deposits or interim payments on account based on estimated fees and disbursements incurred or to be incurred.
    4. If any amounts are agreed to be payable by way of instalments then if any one instalment is not paid on due date the full balance of the amount then owed by the client to the attorneys will become due and payable immediately.
  2. FEES AND DISBURSEMENTS
    1. The attorneys basic time charge rate is not according to tariff. It is R900.00 per hour or part thereof excluding VAT.
    2. Drafting, copying and perusing of all documents including letters, memoranda, internal memoranda, instructions to counsel, pleadings and affidavits are based on time spent.
    3. All time spent by the attorneys will be charged in units of 5 minutes and will include, without limitation, time spent on the telephone, in the course of factual and legal research and in the administration of client’s funds and affairs generally.
    4. There will be added to the basic charge rate aforementioned a surcharge in respect of urgency, work reasonably required to be performed outside of normal business hours, the degree of responsibility vested in the attorneys, specialised expertise of the attorneys, the degree of success achieved by the attorneys and the complexity of the matters of fact or law concerned with the mandate. The amount of the surcharge will be a percentage of the basic rates. The amount of the percentage will be what is reasonable in the circumstances.
  3. GENERAL
    1. Where the attorneys and the client agree upon a fee or charge or where a specific mandate is given by the client to the attorneys and —
      1. the specific mandate or the work relating to the agreed fee is substantially performed, then the whole of the agreed fee will be payable; or
      2. if the mandate or the relevant work has not been substantially performed, then the attorneys will nevertheless be entitled to charge and recover payment from the client in respect of the work actually performed and disbursements actually incurred by them on behalf of the client in accordance with the provisions hereof of 1 and 2 above.
    2. If there should be any dispute between the attorneys and the client as to the interpretation or implementation hereof or as to any matter arising herefrom or in connection with the charging and payment of fees and/or disbursements as between the attorneys and the client, the attorneys will be entitled to refer such matter to informal arbitration before an advocate or independent attorneys of his choice having more than 10 years experience as such whose decision will be final and binding on the parties and whose costs will be borne by the parties as directed by the arbitrator.
    3. Either party may terminate this agreement at any time on notice to the other party. The client will be responsible for the fees and disbursements up to date of termination. Until such fees and disbursements have been paid the attorneys shall retain a lien on the client’s file/s.
    4. In the event that the client is a corporation, company or other legal entity, by his/her signature hereto, the signatory as representative of such legal entity agrees that he/she shall be bound as surety and co-principal debtor in solidum in favour of the attorneys for all the debts of the client, under renunciation of all the legal exceptions, which he/she declares to know and understand.

 

Accepted by the client at Johannesburg on this the ___ day of _____________ 20___

________________________________
The Client