Attorneys Act, 1979 (Act No. 53 of 1979)Rules for the Attorneys' ProfessionPart IV : General PracticeProfessional fees, tariffs and allowancesAssessment of fees payable to a member |
| 28.1 | It shall be competent for the Council or any committee appointed by the Council for that purpose, at the request of any person or member, to assess the fees and reasonable disbursements payable by such person to a member in respect of the performance of work in his or her capacity as a practitioner, provided that the Council or the committee shall not assess fees or disbursements: |
| 28.1.1 | in instances where a state official is empowered to do so; or |
| 28.1.2 | where the work concerned is already covered by a statutory tariff; or |
| 28.1.3 | in litigious matters, unless the parties agree that the fees and disbursements are subject to assessment by the Council or a committee appointed by the Council for that purpose. |
| 28.2 | Where the parties have agreed that the costs in a litigious matter are to be calculated in terms of the society’s criteria for non-litigious matters, the bill may be assessed by the Council or relevant committee, provided that the parties submit proof of such agreement and an undertaking that they will be bound by and comply with the society’s rules in this regard. |
| 28.3 | With a view to affording the member concerned reasonable and adequate remuneration for the services rendered by him or her, the Council or the committee, as the case may be, shall, on every assessment, allow all such fees and disbursements as appear to it to have been reasonable for the performance of the work concerned and in so doing shall take cognisance of the following: |
| 28.3.1 | the amount and importance of the work done; |
| 28.3.2 | the complexity of the matter or the difficulty or novelty of the work or the questions raised; |
| 28.3.3 | the skill, labour, specialised knowledge and responsibility on the part of the member; |
| 28.3.4 | the number and importance of the documents prepared or perused, without necessarily having regard to length; |
| 28.3.5 | the place where and circumstances in which the services or any part thereof were rendered; |
| 28.3.6 | the time expended by the member; |
| 28.3.7 | where money or property is involved, its amount or value; |
| 28.3.8 | the importance of the matter to the client; |
| 28.3.9 | the quality of the work done; |
| 28.3.10 | the experience or seniority of the member; |
| 28.3.11 | whether the fees and disbursements have been incurred or increased through over-caution, negligence or mistake on the part of the member. |
| 28.4 | At the assessment of any member’s fees and reasonable disbursements, the Council or the committee, as the case may be, may call for the production of such books, documents, papers, accounts or other information as in its opinion are necessary to enable it properly to determine any matter arising upon such assessment. |
| 28.5 | The Council or the committee, as the case may be, shall not proceed with the assessment of the fees or reasonable disbursements unless the secretary has given notice by prepaid registered post or by personal service to both the member concerned and the person liable to pay the fees and reasonable disbursements, stating the time and place of such assessment, recording that he or she is entitled to be present and represented thereat, and requiring the person liable for the payment of the fees, or his or her legal representative, to notify the secretary and the practitioner in writing not later than one week prior to the date fixed for the assessment of the items on the bill to which he or she objects and the grounds for such assessment, failing which the Council or the committee may assess the bill as if no objection had been raised; provided that such notice shall not be necessary if both the member and such person have consented in writing to assessment in their absence. |
| 28.6 | At the assessment the Council or the committee, as the case may be, shall permit the member and such person to submit their representations and arguments either orally or in writing and to be represented by an attorney. |
| 28.7 | After receiving such representations and arguments, the Council or the committee, as the case may be, shall be entitled to reserve its decision. |
| 28.8 | As soon as the Council or the committee, as the case may be, has arrived at its decision, it shall deliver to both the member and such person either by hand or by prepaid registered post, or in such other manner as may be elected by the member or such other person, a copy of the fee list submitted for assessment, duly endorsed with the allocatur of the Council or the committee, as the case may be, under the hand of the secretary. |
| 28.9 | Subject to the provisions of section 74(5) of the Act, the fees and disbursements determined in terms of the allocatur shall be deemed to be reasonable fees and disbursements payable to the member for the services rendered. |
| 28.10 | The Council or the committee, as the case may be, shall be entitled in its discretion at any time to depart from any of the provisions of rule 28 in extraordinary or exceptional cases, where strict adherence to such provisions would be inequitable. |
| 28.11 | A tariff of fees as determined by the Council from time to time shall be payable to the Council by the party requesting such an assessment in respect of the assessment. |