- Legal fees in South Africa fall into three main types, each with different rules and costs.
- Winning your case does not guarantee you will recover all your legal expenses.
- The type of court you choose can make a big difference in what costs you can claim back.
Taking a legal dispute to court in South Africa can be complicated and costly. Many people are surprised by the range of fees and the process involved, even when they win their case.
Before you head to court, it is important to know how legal fees work, what you might be able to recover, and what other expenses could come up along the way.
Legal fees in South Africa come in three main types, and each type has its own cost. High Court attorneys charge R417 for every 15 minutes they work. If they appear in court, their fees can be anywhere from R375 to R1,125 for each 15 minutes.
Even if you win your case, a costs order does not mean the other side will automatically pay all your legal fees. The final amount you can actually recover is decided through a process called taxation.
Most people who go to court want to know if they will get their money back if they win. The answer to that question is not always yes.
A court can order the losing side to pay legal costs, but this does not mean you get back everything you have spent. What you can recover is decided by set tariffs, which depend on whether your case was in the Magistrates’ Court or the High Court. You might end up paying your lawyer more than you can claim back from the other side.
The three categories of legal costs
There are three types of legal costs in South Africa. Party and party costs are the basic legal costs that courts usually award. These cover most legal expenses during a case, but do not include work done before the case starts. These costs are set by the court’s tariffs.
Attorney and client costs include the basic party and party costs, as well as costs for meetings and communication between you and your lawyer. Courts can award these costs if someone has acted badly in the case, or if a contract says they should. The Taxing Master can also allow more than the normal tariff in some cases.
Attorney and own client costs are what you agree to pay your lawyer. Courts rarely award these, so you are responsible for paying them even if you win.
Why the court you choose matters
The court that hears your case affects what costs you can claim back. The Magistrates’ Court now has three scales for costs. Scale B is the lowest, and Scale D is the highest.
The High Court works differently because costs there usually include advocate fees. In the Magistrates’ Court, advocate fees are not usually included unless the court allows it. Advocate fees are set by the tariff and the scale the court uses.
How High Court tariffs work
The Uniform Rules of Court set the costs in the High Court. Attorneys charge R417 for every 15 minutes of work.
There are special rules for lawyers who appear in Superior Courts. Rule 67A sets how much can be claimed for appearing in court, and Rule 69 sets a limit on these amounts.
Scale A allows you to claim up to R375 for every 15 minutes. Scale B allows up to R750. Scale C allows up to R1,125. These scales apply to all lawyers in the Superior Courts, no matter how experienced they are.
The court chooses the scale based on how complex or important the case is. If no scale is mentioned, Scale A is used by default.
The additional costs clients often overlook
Attorney and advocate fees are only part of what you might pay when you go to court. You may also have to pay the sheriff for serving court papers, costs for transcripts, expert witnesses, travel, and even documents from other countries if your case goes across borders.
These extra costs can add up, especially if your case takes a long time. They are billed separately from your lawyer’s fees.
What happens after judgment
Getting a costs order is not the last step. After the judgment, a cost consultant prepares a detailed bill that lists all your costs. The losing party and the Taxing Master both get this bill. The other side can object to items they think should not be included.
If both sides cannot agree, the Taxing Master decides what can be claimed and what must be paid. Finally, the Taxing Master issues a certificate, called an allocator, which shows what must be paid. This is the official document you use to enforce payment.
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This article is an adaptation from Mandy Simpson Attorneys, Notaries and Conveyancers. You can read the original here.
