Standard Fee and Mandate Agreement

Fee Structure

The initial consultation of 30 minutes will cost a reduced rate of R500, 00. We will require an upfront deposit of this amount. During the initial consultation we will obtain an understanding of the general nature of your problem, give you a basic idea as to how the issue will be resolved and an approximate estimation of the costs involved going forward.

The hourly rate we charge is exclusive of V.A.T and the engagement of our services is in accordance with the standard fee and mandate agreement which appears below and is required to be signed by all clients.

We will in addition, should you wish to engage our services, need you to supply us with the necessary information required in terms of the Financial Intelligence Centre Act, 38 of 2001.

The terms of our standard fee and mandate agreement which are applicable to all work performed by Gillian Lowndes on your behalf are as follows:

Mandate and Fee Agreement

I, the undersigned,

[NAME]

do hereby nominate and appoint the partners and their nominees of LOWNDES DLAMINI (hereinafter referred to as “the Attorney”) with power of substitution to render professional legal services to me which shall include the right to prosecute or defend proceedings in any competent court and on my behalf to take all necessary steps in connection with any matter that I may instruct the Attorney with from time to time.

1.  I confirm that –

1.1 the attorney is entitled to charge fees on the attorney and own client scale for services rendered in terms hereof and that I undertake and agree to pay the attorney fees as set out in this agreement;

1.2 the fees on an attorney and own client scale will be calculated on a time basis in terms of an agreed hourly tariff;

1.3 the fees in respect of the time reasonably spent by the attorney will be calculated at a maximum hourly tariff which is at present R2 000, 00 per hour (VAT excluded);

1.4 the hourly tariff set out above shall automatically escalate annually from 1 January at a rate of 8% (eight per cent) per annum unless specifically otherwise agreed.

2 I confirm that :

2.1 disbursements will have to be incurred, and that I accept responsibility to pay such disbursements to the attorney on demand;

2.2 I shall be responsible to pay in full all disbursements incurred by the attorney in respect of the fees of service providers such as advocates, experts and assessors, who the attorney will be entitled to appoint in his/her sole discretion when he/she deems it necessary, as principal, viz a viz such service providers;

2.3 Disbursements in respect of travelling costs by motor vehicle will be recovered at the rate of R4.00 per kilometer (VAT excluded), which amount shall escalate annually on the same basis as is set out in paragraph 1.4 above;

2.4 The cost of making photostat copies will be recovered at the rate of R2,50 per page (VAT excluded) which amount shall also escalate annually on the same basis as is set out in paragraph 1.4 above;

2.5 All other disbursements shall be recovered on the basis of the actual amount thereof.

3 I confirm that the following shall apply in connection with the prosecution/defense of any action in competent court, namely :

3.1  The attorney’s fees for services rendered and disbursements incurred in connection therewith will not be based on the applicable High Court or Magistrates Court tariffs, or on the tariff applicable in any other court, but will be higher and will be calculated on another basis;

3.2 That I am aware that I am entitled to engage the services of another attorney who may levy fees in accordance with applicable tariffs, but that I elect not to do so;

3.3 That I understand there is a difference between party and party costs on the one hand and attorney and own client costs on the other. I furthermore understand that party and party costs are those, which, if I am successful,  I will be entitled to recover from the other party, and if I am unsuccessful, I will be responsible to pay to the successful party, whilst attorney and own client costs, are those as set out in paragraph 1 above, which I will have to pay to the attorney irrespective of whether I am successful or not, and irrespective of whether I am able to recover party and party costs from any other party.

4 I understand that :

4.1 The attorney is entitled to render interim accounts in respect of fees and disbursements and that at the conclusion of the matter he/she will render a final account;

4.2  All disbursements reflected in the account will, so far as possible, be accompanied by supporting documentation, and that in respect of fees, the attorney will set out a short cryptic description of the work done by him/her together with the total of hours spent in the execution thereof;

4.3 Should I  require the attorney to furnish me with a detailed specified account in respect of services rendered by him/her, and in the event of the total of such detailed specified account being higher than the total of the account as set out in paragraph 4.2 above, I accept responsibility to :

4.3.1 pay such higher amount; and

4.3.2 pay the costs incurred in the preparation and drafting of such specified detailed account, which may include the costs of a cost consultant;

4.4  If I do not object in writing to the account, or request a specified detailed account, within 30 (thirty) days of receipt of the account from the attorney, I will be deemed to have waived any right which I may have in respect thereof and that I will also then be deemed to have accepted the attorney’s account as fair and reasonable.

5

5.1  I agree to pay interest to the attorney at the prime overdraft rate levied by Nedcor Bank Limited from time to time on any fees and disbursements from the date upon which the same become payable until date of payment;

5.2 I confirm that I am aware that the attorney may withdraw as my attorney for good cause, or in the event of my failing to pay any fees or disbursements in terms of this agreement.  In this event the attorney shall be entitled to retain all documentation in his/her possession, whether prepared by him/her or not, until the full amount outstanding in respect of fees and disbursements together with interest is paid.

6

6.1 I reserve the right to withdraw from this undertaking and to terminate the mandate given in terms hereof by giving the attorney written notice of such withdrawal and termination within 7 (seven) days from date of signature hereof;

6.2 I accept that the attorney, in the event of such withdrawal, will be entitled to payment of the fees and disbursements incurred by him/her in respect of services reasonably rendered during the period prior to the withdrawal of this mandate, which fees and disbursements shall be levied on the attorney and own client basis set out herein;

6.3 I confirm that should I not be able to pay any such fees or disbursements, the attorneys shall be entitled to retain the documents referred to in paragraph 5.2 above until such fees and disbursements have been paid.

7

7.1 I confirm that the attorney shall, from time to time, and in his/her discretion, be entitled to require me to pay a deposit to cover his/her fees and/or disbursements and that such deposit shall be payable on demand;

7.2 I hereby authorise the attorney to receive any monies which may be payable to them, and to recover therefrom any fees and disbursements owing, before any balance is paid out to me.

8 I accept that the attorney will furnish me with regular reports relating to progress made by him/her in the execution of his/her mandate in terms hereof.

9 Any amendments hereto or any additional agreements hereto must be reduced to writing and signed by the parties.

THUS DONE and SIGNED at Johannesburg on the [DATE].

AS WITNESSES

1.

2.

The attorney accepts the mandate in terms hereof.

GILLIAN LOWNDES