Q. If I want to sue someone or am being sued, what are the legal fees are involved?
A: There are three types of fees, namely (1) party and party – both attorneys are present; (2) attorney and client – you and your attorney only; and (3) attorney and own client – a more elaborate fee recovery.
The first two are calculated in terms of a prescribed fixed tariff scale linked to the court in which the litigation takes place, and is usually awarded to the successful litigant. However to ensure you can recover the last two, you must have a suitably worded clause in your terms and conditions.
DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.
Have a legal question? Ask Louis-the-Lawyer!
Send your questions for Advocate Louis Nel to pippa@indpendentwriting.co.za. We will respond to all your questions even if it takes time and additional research, so please be patient. However we will give preference to the most pressing and commonly asked ones.
