What are attorney and own client costs in South Africa?

Asked by: Elva Monahan  |  Last update: July 20, 2023
Score: 4.7/5 (23 votes)

Attorney and own client costs are the costs that are payable by a client to an attorney in terms of the attorney's own rate. These costs are not subject to the Court tariffs, which means that they are not capped at a certain rate. The full amount owing to the attorney in terms of his/her own rate will be payable.

What are the different types of legal costs in South Africa?

More about legal costs
  • Types of legal costs. There are three types of legal costs:
  • Party and party costs. These are the costs that a court will award the successful party in a court case. ...
  • Attorney and client costs. ...
  • Attorney and “own” client costs.

Who pays attorney fees when buying a house South Africa?

Typically the purchaser pays the transfer fees charged by the conveyancing attorneys attending to the transfer of the property into the purchaser's name. Therefore, other than bond cancellation fees that the seller will pay if the seller has a bond that has to be cancelled, lawyer fees are paid by the buyer.

How much is a lawyer in South Africa?

Senior Counsel: R3 000.00 – R4 400.00; Junior Counsel: R700. 00 – R1 700.00; Candidate Attorney: R1 000.00; Junior Attorney: R1 800.00; Senior Attorney: R2 800.00.

What is the bill of costs in South Africa?

Party and Party Bill of Costs refer to the costs incurred by the plaintiff and the defendant. These costs are specific to the court case. They include costs that have been induced during a court case; however, they exclude any legal fees pertaining to the time frame prior to a summons, or notice of motion being served.

Legal Costs Explained (Part 4: Attorney and Own Client Costs)

15 related questions found

Who pays transfer costs in South Africa?

Transfer fees are paid by the buyer of the property, although the conveyancing attorney who charges the fees is appointed by the seller. You can calculate what the transfer of property will cost you using our Transfer Cost Calculator.

What are party and party costs in South Africa?

Party and party costs are legal costs that a Court orders the unsuccessful party to pay to the successful party in a case. The legal costs awarded are those costs that the successful party incurred for the duration of the case, but do not include legal costs before the matter was brought to Court.

Are you allowed a lawyer if you can t afford one in South Africa?

To qualify for free legal assistance, a person must comply with a 'means test' (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).

How do lawyers get paid in South Africa?

The average lawyer salary in South Africa is R 732 000 per year or R 375 per hour. Entry-level positions start at R 259 500 per year, while most experienced workers make up to R 6 780 000 per year.

What are attorneys called in South Africa?

There is not difference between a lawyer and an attorney, other than semantics. In different regions around the world, licenced legal professionals are called by different names. In South Africa, we refer to someone who performs a legal function as lawyers or attorneys (which can be used interchangeably).

What fees does a seller pay when selling a house in South Africa?

Rates, taxes, and levies

The property seller will have to pay three to six months' worth of rates and taxes to the local council, so as to ensure those costs are covered during the home selling process. The seller will need to provide the attorney with a certificate proving that the property is covered for these costs.

Who pays the transferring attorney South Africa?

Although the seller typically gets to appoint the conveyancing attorney, it is the buyer who will be required to pay the conveyancing attorney's fees and these fees must be paid in full before the home can be registered in their name at the Deeds Office.

What is the average cost of a house in South Africa?

The most recent data from the Oobarometer said that the average house price in South Africa was R1,422,992 for Q4 2022. This mark only shows 1.5% growth from Q3 2022 and 2.4% YoY growth from Q4 2021.

What are the two kinds of lawyers in South Africa?

We will explore some of these types of lawyers here, and what they do.
  • Divorce lawyer. When terminating a marriage there are many legal aspects that need to be addressed. ...
  • Family lawyer. ...
  • Immigration lawyer. ...
  • Criminal lawyer. ...
  • Accident and personal injury lawyer. ...
  • Business and corporate lawyer. ...
  • Bankruptcy lawyer. ...
  • Labour law lawyer.

What is the common law system in South Africa?

South African common law is mainly the 17th and 18th century Roman-Dutch law that was transplanted to the Cape. This forms the basis of modern South African law and has binding authority. Examples of common law crimes include murder, robbery and rape, etc.

What are the two legal systems in South Africa?

South Africa has a mixed legal system - a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law. The Roman Dutch civilian law and English common law influence reflects South Africa's history of successive colonial governance by the Dutch and English.

What type of lawyer makes the most money in South Africa?

General Counsel salary in South Africa 2023

In South Africa, a general counsel earns an average salary of R1,185,677.00 yearly. The highest-paid lawyers in South Africa, according to the Robert Walters salary benchmark, are general counsels in the financial services, commercial, and industrial sectors.

Are state lawyers free in South Africa?

You don't pay for legal aid

If you qualify for legal aid, and we have agreed to represent you, you will not have to pay for anything. In fact, Legal Aid South Africa lawyers may not ask for or be paid any money when they assist you with your case.

How much money can you keep at home legally in South Africa?

“When it comes to cash, and let's take about rands as a start, there are no rules when it comes to notes and cash you may have. You can have your salary and pay your tax on it, you can go to the bank and even ask your company to pay in cash if they are willing to. “

How does pro bono work in South Africa?

To qualify for free legal assistance, a person must comply with a 'means test' (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).

Are lawyers needed in South Africa?

South Africa needs committed young graduates to join the legal profession. According to the Oxford Dictionary, a profession is a paid occupation which requires a prolonged education and training. Lawyers are part of more than 1 400 professions and careers open to young graduates from universities in South Africa.

Is South Africa a two party state?

South Africa is a democratic but one-party dominant state with the African National Congress as the governing party. Other parties such as the Democratic Alliance govern provinces and municipalities, with some in coalitions with smaller parties.

Which party is popular in South Africa?

Since the end of apartheid in 1994 the African National Congress (ANC) has dominated South Africa's politics. The ANC is the ruling party in the national legislature, as well as in eight of the nine provinces (Western Cape is governed by the Democratic Alliance).

Is South Africa a party place?

South Africa is known for its vibrant and lively nightlife and offers a wide variety of venues where you can enjoy the night and dance your heart out till early hours of the morning.