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Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Part IV : General Practice

Professional fees, tariffs and allowances

Attorney and client charges

 

29.1 A member to whom any claim of whatever nature is handed for collection may in addition to any professional fees (including, without limitation, the charges for any proceedings in a court of law) charge reasonable attorney and client charges and reasonable collection commission, including collection commission where payment is made directly to the creditor client.

 

29.2 Notwithstanding rule 29.1, a member to whom any claim of whatever nature is handed over for collection shall not be entitled to recover attorney and client charges or collection commission from a debtor in excess of amounts determined from time to time by the Council; provided that where the member recovers collection commission from the debtor, either in terms of any law or in terms of contractual obligation, he or she shall credit his or her client therewith to the extent of, but not exceeding, the collection commission debited to his or her client. Collection commission covers all attendances and work done in connection with the receipt of a payment and accounting to a client in respect of a payment.

 

29.3 A member may charge a fee where a matter which has been set down for hearing collapses for any reason, provided the client has agreed in writing to the member’s charging a fee in those circumstances and on the amount of the fee, and provided further that the fee is reasonable.