Payment Terms and Financing
How can I finance my case?
Although we do not provide credit, delayed payment options, contingency or pro bono services, there are a number of options to finance your case.
Using cashflow or savings
If you can access spare cashflow or savings, this is usually the best option as you can pay upfront and get started with your case, without worrying about debt or credit applications.
Retainers
Certain clients may qualify for a retainer option. Find out more here.
Borrowing from family
If you have friends or family who are willing to lend you money, you can avoid interest and credit applications. Bear in mind that your benefactors may feel like they get to weigh in on decisions in your matter, which you will have to manage. Note that we only take instruction from you as the signatory of our Client Agreement - not from any other persons - irrespective of whether they funded your case or not.
Litigation Funding
Certain very large cases with high likelihood of success may qualify for litigation funding. Research litigation funding institutions like Wild Dog, Taurus or Jericho. Note though that these institutions usually only fund cases with a very large amount at stake, like R50 million. We do not endorse any particular funding insitution nor do we receive any benefit from them.
Personal loan from a bank or other institution
A personal loan can be a good option to pay for your case because:
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You can borrow a significant sum of money. You may have more access to funds with a personal loan, while your savings or the limit on your credit card could run out sooner.
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You might not need to show collateral. You may be able to find an unsecured loan, which means you don't have to pledge any property as collateral. This can be beneficial especially in a divorce when your shared marital property is tied up in litigation and thus can't be pledged to guarantee a loan.
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A personal loan may have a lower interest rate than other sources of funds. For example, the interest rate on credit cards is typically higher than the interest rate on personal loans.
Make sure you compare multiple lenders - otherwise, you might get stuck with a high interest rate or hidden fees.
NOTE: We do not alter our terms of service or operations for any funding institution.
Credit card / debit order
Qualifying clients can apply to pay a monthly fee by credit card or debit order for certain matter. Terms and conditions apply - please arrange a consultation with us for further information.
Selling or encumbering valuable items
Not an attractive option, but if you have a serious legal problem, you may want to consider selling or encumbering your valuable items, such as your car, immovable property, jewelry or other assets.
Please note that we do not endorse any particular service provider or source of funding, nor do we accept responsibility for your choice of funding above. It is always preferable to be able to pay for legal services with savings. However, we recognise that many people do not have savings, and this information is therefore provided purely for educational purposes and to assist you in moving forward with your case. You are encouraged to obtain independent legal and financial advice in securing funding for your case.
Payment Terms
Upfront Deposits
Litigation often involves costs payable not only to us, but also to 3rd party service providers, like sheriffs, advocates and other professionals. For all clients not on retainer, we require an upfront deposit of at least 50% of our fees, plus full costs of 3rd party service providers expected for the first phase of work. All outstanding costs must be paid in full prior to any hearing, as well as costs anticipated for the hearing.
Hourly billing
All work that is not part of commercial or property retainers is billed for at our standard hourly rate, published annually. This includes the usual legal work like drafting, consultations and advice, as well as all smaller attendances like emails, calls, travel, deliveries and admin time spent on your case - billed per hour or part thereof. All of these functions are necessary to move your case forward.
Retainer services
Our retainer services include a set number of hours allocated per month for clients needing ongoing legal representation. Retainers offer discounted hourly rates in exchange for constant monthly payments. Where allocated hours are exceeded, additional work required is charged for at our standard hourly rate less 20%. Retainer allocations do not roll over to the next month if not used. Depending on the retainer, some 3rd party service provider costs or disbursements may be included. Retainers provide clients with some cashflow easing but do not continue if the client fails to pay the retainer on time regularly.
Estimates are not binding
Although we try to provide fixed cost estimates wherever possible, for example when drafting contracts or property transfers, there are some services - like litigation - where this is simply not possible. This is because the course of litigation can vary widely due to your opponent's behaviour and willingness to engage in dilatory litigation, the forum or court your case is in (where officials' attitudes and experience vary), and even changes in the law. While we provide a cost estimate per phase of litigation, this should be seen as a best-case, minimum cost estimate. We cannot be held bound to fixed estimates. We also cannot control instances where more work than anticipated is required from a 3rd party, such as an advocate. This is the nature of litigation.
For example: Your case may appear to start out as a simple contractual matter. Summons is served on your opponent. But your opponent raises defences related to complex regulatory and compliance law. The complexity of the matter just increased dramatically, and the work and cost involved to respond increase.
We do not work on risk, commission, contingency or pro bono
All services are charged for and deposits must be paid upfront, will all remaining amounts outstanding to be settled within 7 days of invoice. We do not work "on risk", on commission, contingency or pro bono.
Suspension of services
Wherever our account remains outstanding for more than 30 days, services are suspended irrespective of the urgency of any future work required. If a deadline is approaching on work required, e.g. a filing or a hearing, and the client fails to cover the anticipated costs of the work more than 30 days before the deadline, then we will be forced to withdraw as attorneys of record. This is not the same as withdrawing you from the case - meaning the case will still carry on. In such a case, you will need to find another attorney or Legal Aid urgently. Failure to do so may result in adverse consequences for your case, including delays, additional costs, loss of the case and the consequences of such loss including an order of legal costs against you. We are not responsible for these consequences.
