Terms and Conditions

MANDATE AND FEE AGREEMENT

  1. Adv shaw may give you better conditions than stated herein. If he does so he does not obligate himself to continue to do so. If there is non payment or the parties stop working together.
  2. I am aware that Adv Shaw is a  trust fund advocate and in signing this agreement or agreeing by default it means that we are now agreeing to deal directly instead of through an attorney unless otherwise agreed in writing
  3. In order to comply with the FICA requirements, you are required to provide us with a copy of the first pages of your Identity Document, as well as your physical address and a recent utility account confirming the same.
  4. This document sets out the terms and conditions upon which Advocate Douglas Shaw agrees to act on your behalf. These terms may be varied or added to by mutual agreement in writing when your instructions are accepted by us or at any time thereafter.
  1. If you do not accept or understand these terms for any reason you should notify Advocate Douglas Shaw immediately in writing. In the absence of any such notice, you will be deemed to have agreed to these terms.
  1. We agree to pay a minimum deposit of R15 000.00 (fifteen thousand rand) be paid into our trust account and that, whilst we shall render accounts as set out hereunder, as regards to our fees, you will be required to pay any outstanding amounts on presentation.
  1. Accounts outstanding for over 30 (thirty) days will attract an agreed late payment fee of R350, 00 (three hundred and fifty rand) per month, from date thereof to date of final payment as well as interest at the mora rate as set out in the Prescribed Rate of Interest Act 55 of 1975 (as amended from time to time).
  1. Please note that adv Shaw will not instruct Counsel or correspondent attorneys, or appear in court or draft documents, unless there is sufficient ’s money in Trust that will cover such disbursement. We will also not go to court or draft documents.
  1. If we chose to do so It is at our discretion and does not become an obligation on us to do so.
  1. A complaint against advocate shaw or any negative comment to any media including social media negates any discounts given to the client and the full amounts of all fees become payable immediately.
  1. Fees, as well as necessary agreed disbursements (as and when necessary), will however be payable, as and when incurred; however, we will discuss these costs with you as they are about to be incurred.

AUTHORITY

  1. Advocate Douglas Shaw is given the usual authority of an advocate to act on your behalf in relation to all matters necessary or incidental to its engagement. Without limiting the generality of the aforegoing, this includes authority to sue and defend any legal matter/s, action/s or application/s and to incur all reasonable expenses which he considers necessary or desirable for the proper rendering of the services.

 

INSTRUCTIONS

 

  1. In order to discharge its professional duty, Advocate Douglas Shaw will throughout the rendering of services to you rely on you to supply all necessary instructions and documents promptly and immediately advise him of any relevant change in circumstances.
  1. Advocate Douglas Shaw is free to act for any other client as HIS ethical obligations allow.
  1. Advocate shaw will not in general conduct business by phone and the parties agree to submit questions and comments by email in most instances.

FEES AND DISBURSEMENT

  1. You, the client, are always liable to pay our fees and disbursements.
  1. Disbursements incurred by Advocate Douglas Shaw on your behalf (e.g. CIPC costs, correspondent’s fees, courier charges etc.) will be charged in addition to HIS fees.
  1. We reserve the right at any stage to call for a deposit on account of fees and disbursements to be made.
  1. Please note that the applicable deposit is not refundable unless specifically agreed, and is payable prior to commencing work on any matters. Advocate douglas shaw invoices are strictly due and payable against presentation.
  1. The client understands that payment is made for drafting the documents and/or appearing and so on. There is no guarantee even with the best efforts that you will win and no refund is ever made simply because a judge rules against or something else goes wrong with a case.
  2. Notwithstanding any statutory tariff which may be applicable, our charges are as follows: –
  • All appearances at court (including waiting time), consultations, including drafting and perusals, telephone calls and other attendances at R25,0000 per day unless otherwise agreed, or part thereof.
  • All other work is paid at the hourly rate of R3000 per hour unless otherwise agreed
  • Time spent by Lesley or other assistants not legally qualified is charged at R500 an hour including phone calls with a minimum of R100.
  • Where a fee for a case is fixed at a given amount, for example, R66,000 at R11,000 a month for 6 months then if R55,000 (an amount of 5 months payments )is paid within one month of the agreement then that will be accepted in full and final settlement of the whole amount
  • A fixed fee is for drafting the initial papers (Summons, Plea, Founding, answering or Responding affidavits Heads of argument, practice notes as the case may be,
  • Any papers filed that are not common to almost all court cases of that type are not charged for and are charged in addition.
  • The aforesaid fees exclude disbursements.
  • All fees and disbursements are payable free of exchange, charges or expenses and without any deduction, set-off, withholding, discount or any other condition.
  • All documents copied at R3,00 per page;
  • Travelling time at three quarters of the abovementioned hourly rate, plus: –
  • by motor vehicles R5,00 per kilometre travelled;
  • actual hotel expenses;
  • R600,00 per day sustenance;
  • air tickets at actual rates.
  1. Where work is undertaken after hours or over weekends or public holidays, or school holidays, because of the urgency of the matter or because requested to do so, the fees will increase by 50%.
  1. All letters and attendances charged on a time basis, unless specifically otherwise agreed in writing.
  1. All fees and disbursements quoted above are quoted exclusive of VAT should it be applicable.
  1. Our fees and disbursements are reviewed on a yearly basis, and will come into effect on the first day of January of that year.
  1. Where an order is made for the recovery of costs, we reserve the right to take steps to recover such costs, but expect payment of the costs from you, the client in the first instance.

PAYMENT

  1. Advocate Shaw’s invoices are strictly due and payable against presentation.
  1. Advocate Shaw may from time to time require you to pay reasonable amounts on account of anticipated fees and third party disbursements. However, such amounts are, in the normal course, intended to be held against payment of the final account to be rendered to you and you are expected to settle interim accounts without recourse to such amounts.
  1. Advocate Douglas Shaw – Trust Account Banking Details:

ACCOUNT NAME D J Shaw Trust Account

FNB

Broadacres

Acc Number  62801440794

  1. Should you have any queries regarding any account rendered to you, such query must be addressed with the writer within 25 (twenty-five days) of the specific account being rendered, failing which the account will be deemed to be correct and you, the client agrees that the correctness of the account may not be disputed should it be necessary to recover fees and disbursements from you.
  1. You, as the client, irrevocably agrees that Advocate Douglas Shaw may, in the event of a dispute, either during the subsistence of its mandate or after termination, present its bills in terms of this agreement to any authorised Taxing Authority for taxation on a scale as between attorney and own client or such other scale as may have been agreed in writing between the parties.

TERMINATION OF MANDATE

  1. Without prejudice to its other rights and remedies, Advocate Douglas Shaw will have the right to cease work and/or terminate any mandate by sending email to your last known email address, inter alia, in the event that: –
  • you fail promptly to supply any information or instructions needed by Advocate Douglas Shaw to perform the services contemplated in the mandate letter or fail to advise Advocate Douglas Shaw immediately of any relevant change in circumstances;
  • any amount remains unpaid for more than 30 (thirty) days after it is due.
  • Advocate Douglas Shaw determines, in his sole discretion that He is not in a position properly to perform the mandate given by you to him.

LIMITATION OF LIABILITY, WAIVER AND INDEMNITY

  1. You waive any claim of whatsoever nature (including damages, loss, interest, costs, expenses or otherwise (not limited ejusdem generis)), howsoever arising whether in contract or in delict or otherwise (not limited ejusdem generis) which you may have against Advocate Douglas Shaw or employees of Advocate Douglas Shaw by reason of any negligent (including grossly negligent) act or omission of the part of Advocate Douglas Shaw or any employee thereof.
  1. You indemnify Advocate Douglas Shaw and its employees against any claim of whatsoever nature (including but not limited to damages, loss, interest, costs, expenses or otherwise (not limited ejusdem generis)), howsoever arising whether in contract or in delict (tort) or otherwise, that may be made against it/them by any third party as a result of any work done, or omitted to be done, whether negligently (including gross negligence) or in breach of obligations to you or otherwise, by Advocate Douglas Shaw or any employee for you or on your behalf.
  1. You shall not be entitled for any reason whatever to withhold payment of any fees or disbursements incurred by or owing to Advocate Douglas Shaw whether it incurred any such fees or disbursements in your name or in the name of adv douglas Shaw

GOVERNING LAW

  1. Our relationship shall be governed by South African law.

By signing this document, you agree to our Payment Terms as well as our Terms and Conditions of Business. Additionally, you agree that you have read and understood the content of this document.

Read and understood

____________________                    ____________________                    ____________________

Client Signature                                   Print Name                                    Date

ADVOCATE DOUGLAS J SHAW

 (This correspondence is transmitted electronically and is as such, unsigned by advocate douglas j shaw yet is considered agreed if the parties continue in terms of it)