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Terms and conditions

Thank you for contemplating the choice of Dingley Attorneys to represent you.

Below are the terms and conditions that will apply if we begin to act on your behalf:

1 Fees and disbursements

Our hourly rate for working on various matters with you will depend on the resource required.

The calculation of our fee often may also involve consideration of additional factors such as the value, complexity, importance of the matter to you, the need for work outside normal business hours and the urgency of the matter.

We also bill for all disbursements that we incur on your behalf. Copies of these disbursement invoices will be provided for your perusal with our invoice for professional services rendered.

Please also note further that we bill for every 6 minutes or part thereof.

We will quote separately for any compliance related work as this will be dependent on the scope and complexity and is normally a fixed price agreement.

2 Legal fees for litigious matters (civil court)

You will be required to pay our fee irrespective of whether legal costs are recovered from another party.

There are three main levels of fees that can be awarded by the courts, namely:

1.Party and party costs,
2.Attorney and client costs,
3.Attorney and own client costs.

If you are successful in your matter you will generally recover party and party costs which are calculated in terms of the Magistrates Court Tariff or High Court Tariff – although there is no guarantee that this will be the case. We do charge a fee to recover party and party costs on your behalf equal to the hourly rate quoted above. Party and party costs are the lower of the three levels of fees mentioned above and are generally less than the amount that is charged by our firm.

In the event that any monies are recovered for legal costs from the opposing party/ies, these costs, once received, will be offset against any fees that are due by you to Dingley Attorneys at that point. If no fees are due, then the monies will be credited to you.

3 Legal fees for litigious matters (criminal court)

Unfortunately no fees can be recovered from the state in the event that the state is unsuccessful in prosecuting their case. Please note that we have a strict policy of only providing assistance to our clients in criminal matter if we have funds in hand (i.e. we have a deposit).

4 Non-litigious matters

Naturally in non-litigious matters no recovery of fees from another party is possible.

5 VAT

Please note that we are VAT registered and our VAT number is 4100252750.

6 Deposit

We may from time to time request monies be deposited into our bank account in order to cover anticipated disbursement costs. Unless you indicate specifically to us the manner in which you want these monies to be invested, the interest earned from these amounts will be payable by Dingley Attorneys to the Attorney’s Fidelity Fund which in turn protects you against any fraud that may be committed by Dingley Attorneys and its employees.

We will be entitled to utilise the deposit as well as any monies held on your behalf in credit in our trust account provided we account to you.

7 Confidentiality and conflicts

All information that is provided by our firm to you is confidential and shall not be disclosed to another party unless authorised by you, or we are required to do so by law.

It is our practice to check for conflicts of interest when taking instructions from you. However, it may not be possible for us to identify all situations where there may be a conflict with your interests. If there are any specific circumstances in which you consider we should not act, because to do so would be in conflict with your commercial interests, you must notify us promptly. Where a potential conflict is identified by you or us and we reasonably believe your interests may be properly safeguarded by the establishment of appropriate procedures, we may put in place such procedures.

8 Limitation of liability

Our liability (whether in contract, delict or otherwise) for any claim arising in connection with work undertaken or services provided shall be limited to losses directly arising to you from our acts or omissions in breach of our obligations to you.

Our liability shall not in any event exceed R1 000 000 (one million rand) in respect of any matter unless agreed otherwise in writing with you.

We shall not be liable to you or to any other party for any indirect loss, consequential loss, or loss of opportunity arising directly or indirectly from any act or omission on our part. The limitations of liability set out in this paragraph are for the benefit of the partners, employees, consultants and agents and subcontractors of or to the partnership and the partnership’s successors in practice or in title.

9 FICA

The Financial Intelligence Centre Act 38 of 2001 (FICA) was enacted in order to combat money laundering in South Africa.

In terms of FICA we are an accountable institution and may be required to verify your details.

In addition we are bound by law to report suspicious transactions to the Financial Intelligence Centre, although all information will remain subject to legal professional privilege and will remain confidential.

10 Bank Details

Dingley Attorneys Trust Account
In light of ongoing phishing fraud these bank details will only be provided on written request

11 Payment terms

We require that our invoices be settled within 30 days of receipt, failing which interest at the rate of 2% per month will be levied on the outstanding amounts for each month that the payment remains outstanding.

12 Pro rata invoice

Dingley Attorneys will provide you with a pro rata invoice of fees and disbursements for each month. We will forward a statement to you monthly by email reflecting any payments on your account.