Rules Board Regulates Non-litigious Fees

The introduction of the Legal Practice Act 28 of 2014 has led to several changes in the juridical space, including one related to non-litigious fees – fees charged by attorneys for services that do not constitute litigation and are not finalised in court.

Buying Property On Auction | Property Blog Articles

Before the implementation of the Legal Practice Act, these fees, which include the drafting and reviewing of agreements and providing of ad hoc legal advice, were charged by the hour at a rate determined by the attorney providing the services. 

Section 35 of the Act confirms that these fees must now be regulated in accordance with the prescribed tariffs set by the Legal Practice Rules Board. This will have far-reaching effects, including making the law more accessible to the public.

The Rules Board, in the process of finalising the prescribed tariffs for non-litigious fees, took into account factors like the level of experience of the legal practitioner, area of expertise, types of clients etc. The proposed tariffs are currently based on the legal practitioner’s years of experience, with certain factors being weighted. 

 Proposed rates

1–2 years of experience: R1 430 per hour

3–5 years of experience: R1 820 per hour

5–10 years of experience: R2 340 per hour 

10–15 years of experience: R2 990 per hour 

15–20 years of experience: R3 770 per hour 

20+ years of experience: R4 810 per hour 

Over and above the hourly fee, a practitioner can charge an additional percentage, based on factors like the amount of time spent on the file, the complexity and experience required for the mandate, and the financial implications of the matter.

We will keep you advised of the Legal Practice Rules Board’s progress in finalising the proposed tariffs.

Want more Snymans Articles? Sign up for our monthly newsletter.

Follow Snymans on Facebook for more legal information, tips and news about property.

Recommended for you

Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Pay with complete peace of mind[post_view before=""]

With cybercrime on the increase globally, the team at Snymans is increasingly aware of the importance of safeguarding both our clients and our business against cyber criminals when it comes to making and receiving electronic payments. In fact, phishing crimes have become such a cause for concern in South Africa that the Legal Practitioners’ Fidelity Fund has declared that it will not make good on insurance claims arising from these types of crimes.

Read More
Buying tenanted properties - don’t get caught out
Contractual Matters

Property transfer costs: Who pays what?[post_view before=""]

The buyer and seller of a property are responsible for certain costs associated with the transfer process. Here’s a look at who’s liable for what.

Read More
The difference between movable and immovable property
Contractual Matters

What happens if a mistake is made during the transfer of a property?[post_view before=""]

It’s an unfortunate reality that mistakes do sometimes occur in deeds and documents during the transfer process. Fortunately, however, the Deeds Registries Act makes provision for mistakes of this nature to be rectified.

Read More
What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

Customary marriages and ownership of immovable property[post_view before=""]

Recognition of customary marriages in South Africa has undergone several shifts over the years through the implementation of new legislation. This has impacted not only the legal status of the parties to a customary marriage but also their ownership of and rights to matrimonial property.

Read More
My name has changed - what happens to my property’s title deed?
Contractual Matters

Corporate actions and resolutions[post_view before=""]

In South Africa, the business and affairs of a company must be managed by its board of directors. As such, the board is responsible for the daily corporate and commercial affairs of the company.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Rules Board Regulates Non-litigious Fees

The introduction of the Legal Practice Act 28 of 2014 has led to several changes in the juridical space, including one related to non-litigious fees – fees charged by attorneys for services that do not constitute litigation and are not finalised in court.

Buying Property On Auction | Property Blog Articles

Before the implementation of the Legal Practice Act, these fees, which include the drafting and reviewing of agreements and providing of ad hoc legal advice, were charged by the hour at a rate determined by the attorney providing the services. 

Section 35 of the Act confirms that these fees must now be regulated in accordance with the prescribed tariffs set by the Legal Practice Rules Board. This will have far-reaching effects, including making the law more accessible to the public.

The Rules Board, in the process of finalising the prescribed tariffs for non-litigious fees, took into account factors like the level of experience of the legal practitioner, area of expertise, types of clients etc. The proposed tariffs are currently based on the legal practitioner’s years of experience, with certain factors being weighted. 

 Proposed rates

1–2 years of experience: R1 430 per hour

3–5 years of experience: R1 820 per hour

5–10 years of experience: R2 340 per hour 

10–15 years of experience: R2 990 per hour 

15–20 years of experience: R3 770 per hour 

20+ years of experience: R4 810 per hour 

Over and above the hourly fee, a practitioner can charge an additional percentage, based on factors like the amount of time spent on the file, the complexity and experience required for the mandate, and the financial implications of the matter.

We will keep you advised of the Legal Practice Rules Board’s progress in finalising the proposed tariffs.

Want more Snymans Articles? Sign up for our monthly newsletter.

Follow Snymans on Facebook for more legal information, tips and news about property.