Overview
At our firm, we understand the importance of financial clarity when pursuing legal action.
While litigation involves many variables, we have prepared this comprehensive cost estimate based on standard assumptions and industry practice.
These estimates are intended to provide guidance but remain subject to change depending on the nature and progress of each matter.
Important Assumptions
Uncertainty in Litigation
Litigation is inherently unpredictable. The time required for each procedure varies, and while we base our estimates on experience, final costs depend on:
- Case complexity
- The parties involved
- Procedural developments
Hourly Rates
The following are our current hourly rates (excluding VAT):
| Position | Hourly Rate (R) |
| Senior Counsel | 1,000 – 3,000 |
| Junior Counsel | 1,000 – 1,800 |
| Candidate Attorney | 1,000 – 1,800 |
| Junior Attorney | 1,000 – 1,800 |
| Senior Attorney | 1,000 – 1,800 |
Outsourced Services
Certain services may be outsourced for efficiency or cost-saving purposes — typically including:
- Advocates
- Trial Attorneys
- Expert Witnesses
Exclusions
This estimate excludes fees for:
- Forensic Accountants
- Valuators
- Economists
- Engineers
- Other Specialists
These services are billed separately based on their rates plus travel and accommodation expenses.
Uncertain Outcomes
Litigation outcomes are influenced by:
- The facts of the case
- Witness performance and credibility
- Judicial discretion
- Applicable law and precedents
Fees Payable Regardless of Outcome
Fees and disbursements remain payable whether or not the outcome is successful, unless a contingency fee agreement has been signed.
Withdrawal or Termination
If the client withdraws or terminates our mandate:
- All costs incurred up to that point become immediately payable.
- The client may also risk a cost order from the opposing party.
Understanding Different Cost Scales
Attorney and Own Client Costs
Actual fees payable by the client to the attorney, based on agreed hourly rates.
Party and Party Costs
Costs awarded by the court to a winning litigant, based on fixed tariffs — typically covering only 30–40% of actual legal fees.
Attorney and Client Costs
Broader than party and party costs — includes additional internal communications, often awarded as a punitive measure or by agreement.
Estimated Legal Costs (Attorney and Own Client Scale)
Based on R1,800/hour (Junior Attorney Rate)
Actual costs may vary depending on the complexity of the matter.
A. From Instructions to Service of Summons
| Task | Estimated Time |
| Consultation, fact investigation, strategy | 6.5 hours |
| Letter of demand, emails, amendments | 3 hours |
| Drafting summons & particulars of claim | 6 hours |
| Court travel, issuing summons, sheriff service | 2.5 hours |
| Return of service & client update | 0.5 hours |
| Unforeseen additional work | 2 hours |
| Disbursements |
B. Undefended Action & Default Judgment
| Task | Estimated Time |
| Drafting & filing application | 1.5 hours |
| Court appearance | 1 hour |
| Unforeseen additional work | 0.5 hours |
| Disbursements |
C. Defended Action (Pleadings & Discovery)
| Task | Estimated Time |
| Review of pleadings, consultations | 5 hours |
| Drafting replication, filing | 2.5 hours |
| Discovery preparation | 7 hours |
| Settlement negotiations | 3 hours |
| Unforeseen additional work | 6 hours |
| Disbursements |
D. Interlocutory Applications (e.g. Summary Judgment, Exceptions)
| Task | Estimated Time |
| Drafting applications, affidavits, arguments | 11 hours |
| Court appearances, waiting time | 4 hours |
| Unforeseen additional work | 2 hours |
| Disbursements |
E. Pre-Trial to Trial
| Task | Estimated Time |
| Pre-trial preparation, consultations | 8 hours |
| Expert witness consultations, summaries | 8 hours |
| Trial preparation, heads of argument | 20 hours |
F. Execution Proceedings
| Task | Estimated Time |
| Warrant of execution, auction, advertising | 4 hours |
| Financial enquiry and appearances | 4 hours |
| Trial evidence, arguments (2 days) | |
| Unforeseen additional work | 2 hours |
| Disbursements |
Payment Terms
- A deposit of R________ is required upfront.
- Interim accounts will be issued at appropriate stages — payable within 30 days.
- Interest will be charged on overdue accounts.
- Failure to settle may result in suspension of services.
Client Acknowledgment
The estimates provided are indicative only and subject to adjustment on reasonable notice.
By signing, the client acknowledges:
- The right to request explanations before signing.
- That the estimate was explained to them.
- The right to negotiate hourly rates and other terms.
- Authorization to bind their organization, if applicable.
Signed at: ___________________
On: ___________________ 202_
By: ___________________ (Full Name)
Signature: ___________________