Legislation: New attorneys’ contingency fees rules mooted

The Legal Practice Council has called for comment on new contingency fee rules being proposed in anticipation of the commencement of section 35 of the 2018 Legal Practice Act (fees in respect of legal services). This is noting that the required South African Law Reform Commission investigation is still under way, which is not explained in the document concerned. Neither has a deadline for input been set, notes Pam Saxby for Legalbrief Policy Watch. 

Once in force, the new rules will prescribe the form and content of a contingency fee agreement; and procedures to be followed in dealing with disbursements and the premature termination of a mandate. Other issues addressed include success fees; reviewing an agreement; matters relating to cases involving the Road Accident Fund or a medical scheme; and fees in respect of instructing attorney functions delegated elsewhere.

Comment is also sought – this time within 30 days – on proposed amendments to rules of the council prescribing annual fees for non-practising and practising attorneys. It is envisaged that the fees paid by practising attorneys should increase according to the number of years in practice. Although the draft amendments were gazetted separately, they were published on the South African Government website at the end of the document proposing new contingency fee rules.