To provide for contingency fees agreements between legal practitioners and their clients; and to provide for matters connected therewith.
in respect of an advocate, means any body which is determined by the Minister of Justice by notice in the Gazette for the purposes of this Act, and of which such an advocate is a member.
that the legal practitioner shall be entitled to fees equal to or, subject to subsection (2), higher than his or her normal fees, set out in such agreement, for any such services rendered, if such client is successful in such proceedings to the extent set out in such agreement.
Any fees referred to in subsection (1) (b) which are higher than the normal fees of the legal practitioner concerned (hereinafter referred to as the 'success fee'), shall not exceed such normal fees by more than 100 per cent: Provided that, in the case of claims sounding in money, the total of any such success fee payable by the client to the legal practitioner, shall not exceed 25 per cent of the total amount awarded or any amount obtained by the client in consequence of the proceedings concerned, which amount shall not, for purposes of calculating such excess, include any costs.
A contingency fees agreement shall be in writing and in the form prescribed by the Minister of Justice, which shall be published in the Gazette , after consultation with the advocates' and attorneys' professions.
The Minister of Justice shall cause a copy of the form referred to in paragraph (a) to be tabled in Parliament, before such form is put into operation.
A contingency fees agreement shall be signed by the client concerned or, if the client is a juristic person, by its duly authorised representative, and the attorney representing such client and, where applicable, shall be countersigned by the advocate concerned, who shall thereby become a party to the agreement.
the manner in which any amendment or other agreements ancillary to that contingency fees agreement will be dealt with.
A copy of any contingency fees agreement shall be delivered to the client concerned upon the date on which such agreement is signed.
that the terms of the settlement were explained to him or her, and that he or she understands and agrees to them; and his or her attitude to the settlement.
Any settlement made where a contingency fees agreement has been entered into, shall be made an order of court, if the matter was before court.
that the legal practitioner was informed by the client that he or she understands and accepts the terms of the settlement.
A client of a legal practitioner who has entered into a contingency fees agreement and who feels aggrieved by any provision thereof or any fees chargeable in terms thereof may refer such agreement or fees to the professional controlling body or, in the case of a legal practitioner who is not a member of a professional controlling body, to such body or person as the Minister of Justice may designate by notice in the Gazette for the purposes of this section.
Such professional controlling body or designated body or person may review any such agreement and set aside any provision thereof or any fees claimable in terms thereof if in his, her or its opinion the provision or fees are unreasonable or unjust.
Any professional controlling body or, in the absence of such body, the Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), may make such rules as such professional controlling body or the Rules Board may deem necessary in order to give effect to this Act.
The Minister of Justice may make regulations prescribing further steps to be taken for the purposes of implementing and monitoring the provisions of this Act.
This Act shall be called the Contingency Fees Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette.