Legal Practice Act — LPC Practical Vocational Training Guide: LPC Guide for Legal Costs (Regulation 6(10)(l)) (source: https://lpc.org.za/wp-content/uploads/2026/03/l-LPC-Guide-for-Legal-Costs-ito-Regulation-610l.pdf)
PRACTICAL VOCATIONAL TRAINING (PVT) STRUCTURED COURSEWORK
PROGRAMME FOR CANDIDATE LEGAL PRACTITIONERS (CANDIDATE
ATTORNEYS)
Legal costs, in terms of
Regulation 6(10)(l)
Author acknowledgement
Ismail Hussain SC
2026/2027 PVT Structured Coursework Programme
Publication and Copyright information
© 2026/2027 The South African Legal Practice Council. All rights reserved.
No part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form or by any means, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of the South African Legal
Practice Council. This intellectual property is strictly for the education and training of
candidate legal practitioners as mandated by the Legal Practice Act 28 of 2014 and are
not for commercial resale
Acknowledgements
The Legal Practice Council extends its gratitude to the Evaluator for his/her rigorous
review, quality assurance, and contributions to the pedagogical effectiveness of this
study guide:
Reviewer:
Mrs., Shivani Moodley (Pillay) ( Practising Legal Practitioner)
Published by:
The South African Legal Practice Council
National Office, Building 10, Riverview Office Park
100 River View Park Street,
Halfway Gardens
Midrand, 1686
GUIDE FOR LEGAL COSTS
Regulation 6(10)(l)
FIFTEEN GUIDES
There are fifteen guides for practical vocational training of candidate attorneys. This guide deals with the
Legal Costs module in regulation 6(10)(l).
OVERVIEW
On 20 September 2014 Parliament assented to the Legal Practice Act 28 of 2014 (LPA). In terms of section 4
of the LPA, the Legal Practice Council (LPC) was established on 31 October 2018. The following day, on 1
November 2018 the bulk of the rest of the LPA came into effect.
The Legal Practice Act regulates all legal practitioners whether on the practising roll or the non-practising
roll. There are three forms of legal practice. They are an attorney, an advocate and an advocate with a
Fidelity Fund certificate: see section 34 of the LPA.
Under section 109(1)(a) of the LPA, the LPC published GN R921 in GG 41879 of 31 August 2018, as
amended by GN R3779 in GG 49104 of 11 August 2023. The compulsory course work required in the
regulations for candidate attorneys was standardised by the LPC in terms of the Norms and Standards.
Regulation 6(10) reads:
“(10) The programme of structured course work referred to in sub-regulation (1)(a) and (b) must be
standardised and uniform throughout the Republic and comprise the following modules:
(a) constitutional practice;
(b) professional legal ethics;
(c) personal injury claims;
(d) high court practice;
(e) magistrate’s court practice;
(f) criminal court practice;
(g) labour dispute resolution;
(h) alternative dispute resolution;
(i) attorneys’ bookkeeping;
(j) wills and estates;
(k) matrimonial law;
(l) legal costs;
(m) drafting of contracts;
(n) information and communication technology for practice, and associated aspects of
cyber law; and
(o) introduction to practice management.”
The LPC published the Norms and Standards on 11 December 2020 in Government Gazette 43981 under
section 3 (g)(i) read with section 6(1)(b)(i) and section 95(1)(n) of the LPA.
Regulation 6(10) requires candidate attorneys to be trained in the modules listed above. The similarity
between regulation 6(10) for candidate attorneys and regulation 7(9) for pupils is not an accident. Section 32
of the LPA permits legal practitioners at any time, as determined in the rules and upon payment of the fee
determined by the LPC, to apply to the LPC to convert their enrolment as attorneys to that of advocates and
vice versa. Consequently, the training of candidate legal practitioners must allow for seamless section 32
conversions.
Each guide per module deals with the requirements in regulation 6(10). Examiners are required to set
questions drawn only from the latest LPC candidate attorneys’ curriculum and reading list. The combined
curriculum and reading list is referred to as the “syllabus”.
Each of the fifteen guides will assist training supervisors, mentors, busy legal practitioners and candidate
attorneys to navigate the syllabus. The focus of the syllabus is on practical vocational training.
INTRODUCTION TO EACH GUIDE
Each guide per module in Regulation 6(10) is designed to assist candidate attorneys to understand, in real
time, the minimum necessary under practical vocational training to become effective attorneys in practice.
The essence of effective legal practitioners is the ability to read, to assimilate legal principles from that
reading and to apply those principles to the facts of your client’s case and in argument before courts,
tribunals, disciplinary bodies, and any other forms of formal gatherings and meetings.
The guides avoid prolixity.
However each guide requires dedicated concentration.
For the examinations, candidate legal practitioners (candidate attorneys and pupils) must be up to date with
the latest Constitutional Court and Supreme Court of Appeal cases to within one week before the date of
each exam.
The guides do not rehash what you studied at University. Your LLB proves your capability. This guide will
assist you to prepare for the LPC admission examinations. More importantly, this guide will also equip you
to be an effective, competent, calm and (reasonably) confident attorney when you enter the legal profession.
REQUEST TO CANDIDATE ATTORNEYS FOR DUE DILIGENCE
Please read this guide attentively.
Please carry out all recommended court attendances.
Please carry out all the recommended practical exercises.
Please complete reading all the material in the LPC reading list.
Please note the notional hours to complete all 15 guides are 400 hours.
Please note this guide, like the other fourteen guides, is sufficient for self-study.
Please remember, the exams are based on the LPC’s most up to date reading list.
• Currently the most up to date syllabus dates from 28 March 2025: Notice 3086 of 2025 published in
Government Gazette 52388.
• Matters omitted from the LPC reading list will not be in the examinations unless the statute, case or
article under question is included in your exam paper and you are allowed extra reading time to
consider that statute, case or article.
• Matters mentioned in the LPC reading list are the subject of exam questions.
• You will be required to answer the exam questions from the perspective of:
o Facts first
o Law later
• The LPC exams, also referred to as assessments, are practical in nature.
• The questions will proceed from the following perspectives: –
o What would you, as attorney of record, advise your client to consider?
o What would you, as attorney of record, advise your client to do?
o When and why would you refer a matter to another attorney or to counsel?
o And similar practical questions.
REFERENCES
One of the products of Juta & Co Ltd is Jutastat. Most of the notes to this guide are downloaded from
Jutastat. Please read the notes with care and diligence. This guide also relies on the Southern African Legal
Information Institute (SAFLII).
SAFLII is free and open access on the Internet.
NOTE WELL
The sequence of this guide follows the sequence in the most recent LPC PVT syllabus of 28 March 2025 for
candidate attorneys. The fifteen guides are designed to be updated when the LPC so requires. Bullet points
below are drafted to assist you to grasp the material in the reading list. You must decide whether to accept or
to amend the bullet points to suit your understanding. When there are no bullet points, you need
nonetheless to read the rule or case to prepare for your exams.
LPC SYLLABUS AND THE OFFICIAL SOURCE FOR ALL EXAMINATION QUESTIONS AT
THE LPC ATTORNEYS’ ADMISSION EXAMS
CURRICULUM READING LISTS
AND COURSE CONTENT
Introduction to legal costs and fee structures Costs in the normal course of litigation
Section 35(4) of the Legal Practice Act provides that the
SALRC must investigate legal costs and report to the Limpopo Provincial Council of the South African
Minister within two years. Until then the tariffs Legal Practice Council v Chueu Incorporated
determined by the Rules Board for Courts of Law apply. Attorneys and Others [2023] ZASCA 112 at paras
In the interim the module is: [37] and [38]
The concept of “legal costs”
non-litigious matters Contingency fees
civil litigious matters Ronald Bobroff & Partners Inc v De La
Advice to client and estimate of costs Guerre 2014 (3) SA 134 (CC)
Estimate of fees and disbursements Masango v RAF 2016 (6) SA 508 (GJ)
Mandate – Taking a deposit TM obo MM v MEC for Health,
Agreed fees Mpumalanga 2023 (3) SA 173 (MM)
Contingency fees
Retainers Costs – punitive costs on scale as between
Ethics in relation to costs attorney and client – discussion on the meaning of
Overreaching vs undercharging attorney and own client
recovery / attempted recovery of costs for work not Moropa and Others v Chemical Industries
strictly necessary National Provident Fund and Others 2021 (1) SA
Keeping proper accounting records 499 (GJ) at paragraphs [80] to [90].
Failure to render accounts Public Protector v CSARS 2022 (1) SA 340 (CC)
Different cost orders at para [33]
party and party costs
attorney and client costs
costs de bonis propriis
wasted costs
reserved costs / costs to stand over
costs in the cause
costs of the day
all costs/costs/taxed costs
no order made / no order as to costs
specific cost orders
Settlement agreements
Payments into court and tenders
Cost consultants
settling of bills of cost
formal requirements for taxation
notice of taxation
taxability of costs
appearance on taxation
interest on a taxed allocatur
consent to taxation
Attending Taxation
Review of taxation
Billing and timekeeping Retainers and fee agreements
Fee disputes and collection Taxation of legal fees Ethics
and professional responsibility in legal costs
The role of tax consultants
INDEX
Overview – Fifteen Guides pages 1 to 3
LPC syllabus and the official source page 4
for all examination questions at the LPC attorneys’ admission exams
Index page 5
Legal Costs Introduction pages 6 to 7
The concept of “Legal Costs” pages 7 to 8
Who gets the invoice? page 8
The “Scales” of Legal Costs page 9
Recent practice page 9
What do these Scales mean? page 9
Party and Party Scale page 10
Attorney and Client Scale page 10
How do Court apply this? page 10
Taxation pages 10 to 11
What is Taxation and what are its objectives? page 11
When can taxation happen? page 11
What is the Purpose? page 11
What is the Procedure? page 12
What does the Taxing Master consider? page 12
Some Practical Advice page 12
Costs de bonis propriis page 13
Pro bono legal service page 13
Contingency fees pages 13 to 14
When you receive instructions/mandate page 14
Overreaching pages 14 to 15
Case law pages 15 to 16
LEGAL COSTS
Introduction
The above syllabus refers to an overview of Legal Costs. We do not intend to deal comprehensively
with the whole syllabus. You are expected to find out about those aspects we do not address in this
guide. The subject of legal costs and non-litigious fees, and fees generally will certainly occupy you
for the rest of your career. Here we introduce you to some of the more important or commonly used
rules and practices around the question of legal costs.
Just to put this whole subject into sharp focus, consider what Section 3(b) of the LPA provides:
"3. The purpose of this Act is to—
(a) provide a legislative framework for the transformation and restructuring of the
legal profession that embraces the values underpinning the Constitution and ensures that the rule of
law is upheld;
(b) broaden access to justice by putting in place—
(i) a mechanism to determine fees chargeable by legal practitioners for legal
services rendered that are within the reach of the citizenry;
(ii) measures to provide for the rendering of community service by candidate
legal practitioners and practising legal practitioners; and
(iii) measures that provide equal opportunities for all aspirant legal practitioners-
in order to have a legal profession that broadly reflects the demographics of the Republic;”
As you can see the question of legal costs has a much broader reach than what one might expect. It
has become part of the transformation and equality debate. But more importantly, it has become
very much part of the discussion around “access to justice”. Accordingly, a wide range of
legislation, regulations, tariffs and practices around costs have been developed. The process of
regulating fees and other legal costs are constantly being revised and you have to keep up with the
most recent developments.
The subject of legal costs has held the attention of regulators (Law Society, Legal Practice Council,
Bar Council etc) for decades. A good place to start is by explaining that the regulators are involved
in a number of roles; such as, assessing the reasonableness of fees, dealing with complaints from
the public about fees, taxing fees, addressing complaints about overreaching, unethical billing
practices etc. The message is that you have to be careful about charging a reasonable fee or an
agreed fee with client. The idea is for you not to find yourself on the wrong side of the regulators.
You could find yourself being investigated for misconduct and you could suffer various forms of
sanctions which could include suspension from practice and even striking off from the roll of
practising attorneys. However, if you stick with tariffs and client agreement, you are not likely to
find any trouble.
Here is an exercise for you:
Go and talk to a senior attorney in your firm and find out what the billing policy is and how
accounting records are kept. Find out how billing entries are recorded and how clients are invoiced.
Does the firm still use the “billable hours model”? What software is used to record billing and
produce invoicing. How does the software deal with debiting fees from client trust accounts?
The concept of “Legal Costs”
Legal costs are the expenses involved in taking legal action or defending a case in a legal matter.
Legal costs include the following:
➢ Attorneys and advocate’s fees. This can be a tariff amount or agreed fees and includes
retainers. Go look up what is meant by “a retainer”? Does your law firm hold retainers?
➢ Court fees. There may be a cost for filing and service fees. Our courts no longer charge a fee
to issue papers, but there will be a fee for registering on “court online” and/or “case lines”.
➢ Expert Fees. Where the case involves damages or a dispute over design and engineering, or
medical negligence. Cases where the judge will require the assistance of an expert. Experts
will charge a fee for writing reports and a separate fee for court appearances.
➢ Administrative costs. This involves preparing bundles of discovered documents, paying for
transcripts, scanning costs and photocopying. Add to this list, the cost of correspondents,
although this cost is now reducing with the courts moving to electronic filing.
➢ Cost of ADR. We now have court annexed mediation and mandatory mediation. This
generates costs that must be paid. Your client may elect to choose arbitration; those costs
have to be provided for as well.
➢ Disbursements. This covers a wide array of out-of-pocket expenses incurred by the attorney
on behalf of client.
Then we have non-litigious costs and they include services that do not include court litigation and
arbitration. These services are billed at an hourly rate or an agreed fee. The following are some
examples:
➢ Drafting and reviewing contracts;
➢ Transactional work, such as take overs and mergers;
➢ Conveyancing and estate planning;
➢ Tax advice and other commercial advice;
➢ General advisory work; and
➢ Undertaking forensic investigations etc.
Who gets the invoice?
With litigious matters; it will depend on the nature of the matter: action, application, review or
appeal, and the court where the matter was heard: Magistrates court, High Court, SCA or
Constitutional Court. Often, at the conclusion of the matter, the judge will make a “cost order”.
The following is common:
➢ Each party pays their own costs.
➢ Costs follow the event. The losing party pays the winning party’s costs. The scale of costs
will be part of the order (we deal with the scale of costs below);
➢ Punitive cost orders. These orders are made in exceptional cases where the losing party was
guilty of some egregious conduct.
➢ A court may spell out who pays what amount;
➢ Some people have insurance cover for this type of expense. Thus, the insurance company
may pay the costs.
Note that, a “cost order” in your client’s favour, does not guarantee payment. Sometimes the costs
are not recovered and your client will instruct you to deploy other means to recover the costs. Can
you find out what other means you can use to get payment, or enforce the cost order? Talk to your
Principal.
The “Scales” of Legal Costs
In our courts there are two scales of legal costs. Typically, a judicial officer will make an order and,
as part of that order, make an order “as to costs”. What you will commonly find are the following:
➢ Costs will be on a scale as between “Party and Party”;
➢ Defendant or plaintiff will pay costs on a scale “as between attorney and client”.
➢ It is ordered that “each party pay their own costs”.
➢ The court makes “no order as to Costs”.
Recent practice
Recently, in particular in the Gauteng Provincial Division, the judges often grant cost orders with
reference to Scale A, B or C. You are expected to read rules 67A, 69 and 70 of the uniform rules.
The purpose of the rule is to apply standardised tariffs that determine what a winning party may
recover from the opponent. The rule seeks to introduce proportionality and to cap legal costs. What
does this mean:
➢ Costs on scale A: is the lowest scale and the winning litigant can recover the barest
minimum at taxation. This scale is applied to simple cases, with low monetary value and
which does not call for complex legal work. Often granted in unopposed matters. The
winning litigant does not recover much from the losing party; and is regarded as the “lowest
scale”.
➢ Costs on Scale B: this is now regarded as “the usual order”. It is the middle scale, more
costs allowed than scale A. It is for matters of moderate complexity and legal representation
and preparation was reasonably required.
➢ Costs on scale C: this represents the maximum costs recoverable and allowed by tariff.
Typically allowed in complex, high worth matters. The winner recovers more, but the use of
this scale is not necessarily punitive.
What do these Scales mean?
Let us look at what these scales mean and how they are applied. Note that the Uniform rules do not
define these scales. Rule 67A is helpful.
Party and Party Scale
This represents not all the costs incurred by the successful litigant, but include all the costs provided
for in the tariffs of court. This means that a taxing master will apply the tariff and allow those costs
that are reasonable and necessary.
This is the most commonly used scale for cost orders. When a judge says “I find for the plaintiff
with costs’’ ; it means on a scale as between party and party.
Attorney and Client Scale
This is a much higher scale and is intended to cover most of the costs incurred by the successful
party. This is often referred to as “a punitive scale” and it is used to show that the losing party, in
some way, behaved vexatiously, frivolously, acted in bad faith and committed abuse of process.
How do courts apply this?
Typically, the courts could make the following orders, but does not necessarily look like this:
➢ Party and Party costs on Scale A
➢ Party and Party costs on Scale B
➢ Party and Party costs on Scale C
➢ Attorney and Client costs on Scale C. This is the most punishing scale.
When a court orders costs on a party and party scale, the court is referring to Scale A.
This judgement is not in your reading list but it is worth reading as it deals with taxation and the
right of an attorney to set off untaxed fees against funds in the client’s trust account. Read only the
headnote.
Blakes Maphanga Inc v Outsurance Insurance Co Ltd 2010 (4) SA 232 (SCA)
Taxation
You must have an understanding of the concept of Taxation of litigious fees. It is part of the
processes in magistrates court and high court litigation that awards of costs have to be Taxed before
the order can be executed. Read Rules 67 to 70 of the uniform rules. In particular concentrate on
rule 70. You also see in the other Rules mentioned and as well as in Rule 70 mention of “Tariffs”.
For purposes of Taxation, tariffs apply and these tariffs are stated in the rules. However, the tariffs
are often amended for adjustments. You have to check what the latest applicable tariffs are. Also
read rule 49, this deals with the review of the decision of the taxing master where a party is
dissatisfied with the masters ruling or decision on certain items in the bill of costs. The process is
explained in rule 49.
What is Taxation and what are its objectives?
Taxation of legal fees (bills of costs) is done by court officials known as taxing masters in the High
Court and the SCA. In the Magistrates’ Courts, this duty is performed by registrars and clerks.
Taxation takes place in accordance with the court rules, in line with the general principle that costs
follow the event and that courts have a discretion over costs. Note that the issue of costs is a matter
for the discretion of the presiding judge. The test is about the reasonableness of the fees.
(“Taxation” means assessing, reviewing and allowing items in a bill of coats) In plain language, it is
a cost assessment process that happens after one of the parties succeeds in obtaining a cost order.
When can taxation happen?
An attorney will prepare a bill of costs for taxation as follows:
➢ Generally, legal costs are determined (taxed) after the court’s final judgement.
➢ However, depending upon the nature of the case, costs may also be determined when an
interim order is given in motion proceedings.
➢ Where a defendant has agreed in contract to pay attorney-and-client costs in undefended
actions.
➢ Where a plaintiff withdraws his or her action and consents to pay the defendant’s costs.
➢ In terms of a deed of settlement where there is an undertaking to pay the other party’s costs.
➢ When a client terminates his or her attorney’s mandate.
➢ Where a party to litigation requests taxation by the taxing master as between attorney and
client where there is no costs order or costs agreement.
What is the Purpose?
The purpose of taxation is twofold. Firstly, it is to fix the costs at a certain amount so that execution
can be levied on the judgement. Secondly, it is to ensure that the party who is condemned to pay the
costs does not pay excessive costs, and that the successful litigant does not receive insufficient costs
in respect of the litigation that resulted in the order for costs.
What is the Procedure?
First, the judge has to grant a final order as to costs; stating the scale of the award.
Second, if the parties do not agree on costs, the winning party serves a notice of taxation on the
other party.
Third, the notice of taxation with the bill of costs and supporting documents is served on the Taxing
Master.
Fourth, the other party has the right to consider the bill of costs and may inspect all relevant
documents and may oppose specific items before taxation takes place.
Fifth, the matter is set down for taxation on a date provided by the Taxing Master;
Sixth, the parties appear before the Taxing Master where the Master holds taxation. The master will
hear from the parties’ attorneys regarding the disputed items. The Master then makes an allocatur;
the master certifies the final amount payable.
Seventh, once the allocation is certified, it can be enforced like a court order (e.g. via writ of
execution).
What does the Taxing Master consider?
The Master will consider the award of cost made by the judge and will be guided by that order. The
order will also tell the Master on what scale of costs should taxation take place.
The Master then applies the relevant tariff provided in the rules.
The Master thereafter allows only those costs that were necessary and proper for the conducting of
the litigation.
The Master will disallow or reduce costs that appear to be incurred through over-caution, mistake,
negligence, or unusual charges. These costs are then “taxed off”.
Some Practical Advice
In most of the cases you deal with, it may not be worth the trouble and expense to prepare bills of
cost and attend taxation. It is usually better to call on your opponent and request that the parties
hold a discussion about costs. The object is to discuss what a reasonable fee entails and to reach
agreement without having to go to taxation.
Costs de bonis propriis
You will come across this type of order from time to time, just do not make a habit of it. Costs de
bonis propriis are punitive costs ordered by the court to be paid by a party or his/her legal
representative from his/her pocket for acting in an improper, dishonest, and seriously negligent
manner. When a judge finds that an attorney acted unethically, negligently and committed abuse of
process, the court will indicate its displeasure by ordering the legal representative to pay the costs
personally, that is, out of his/her own pocket. In plain language, this is punishment and is usually
accompanied by a complaint to the LPC.
Pro bono legal service
The concept of pro bono legal service means professional work that is undertaken by legal
practitioners, without remuneration, as a public service and generally to the marginalised, poor and
needy. All firms are required to provide their fair share of pro bono work. Go and find out from
your principal what the firm’s policy is regarding pro bono work.
Contingency fees
Please go to your guide on Personal Injury Claims; you will find a brief discussion on this subject.
Many law firms, those who represent clients in personal injury cases and other damages claims, will
work on contingency fees.
The South African Law Reform Commission (SALRC) defines contingency fees as follows:
These are fixed fees charged by an attorney for legal work done for a client. A contingency fee
means that a client in a legal case does not have to pay the attorney’s fees – that is, an amount that
an attorney earns for his advice, experience, and representation – unless the attorney recovers some
expenses/fees for the client by settlement or by obtaining a favourable trial result. The fee usually
constitutes 25% of the amount awarded to a client in a court case if the client is successful in his or
her case. The fee may not include any costs. Any fee higher than the normal fee may not exceed
such normal fees by more than 100%. The agreement between the attorney and the client is on a ‘no
win no fee’ basis.
We repeat, before any case is taken on a contingency fee basis, the firm must carry out a fact
analysis and risk analysis to establish if the matter has reasonable prospects of success.
Go and find out from your principal if the firm takes on cases on a contingency. You are expected to
read the cases in your Guide on Personal Injury claims.
You must read the Contingency Fees Act; you will have to apply the provisions of this act each time
you take a case on contingency. There are a number of judgements in the guide, it is essential to
read them as they provide valuable guidance on how to apply the Contingency Fees Act. You will
be expected to enter into a contingency fees agreement with your client, where appropriate. Ask
your principal to give you a copy of an agreement being used by your firm.
Beware, any abuse regarding the charging of contingency fees, will amount to an abuse and will
attract the unwelcome attention of the LPC.
When you receive instructions/mandate
You have to apply your mind to legal costs from the moment your client engages your services.
Here, we ask that you read Section 35 (7) of the LPA. You are obliged to provide your client with a
written “cost estimate notice”. What this means is that you have to work out the reasonable cost of
the firm’s services and provide client with an estimate of your fees and disbursements.
You need to have two documents:
➢ The written Costs Estimate (section 35(7); and
➢ The written Agreement to Appoint the Attorney and pay the estimated costs (section 35(8).
Most firms have a template for these documents. Go ask your principal to show you the templates
they use.
You are also expected to read sections 35(9) to (12).
Overreaching
The SALRC accepted that what the profession requires is a means to ensure that legal fees
chargeable by legal practitioners for legal services rendered are reasonable and within the reach of
the citizenry.
What is overreaching?
Overreaching by attorneys occurs when a lawyer takes unfair advantage of a client, often through
unethical, fraudulent, or deceptive means, to extract excessive, extortionate, or unconscionable
fees. It involves exploiting a position of trust, a client's vulnerability, or superior bargaining power,
which constitutes unprofessional conduct.
This type of conduct is unethical and there are codes of conduct that deal with it.
This is regarded as misconduct and can even result, depending on the circumstances of the case and
degree of deceit involved, in an application to strike off from the practicing roll and a withdrawal of
the fidelity fund certificate.
NOTE: always act in the best interests of your client and always, we mean always, charge a
reasonable fee. You will have a client for life.
Case law
Here we deal with some important decisions regarding Legal Costs. You are expected to read all the
judgements referenced in the reading list. You only have to read the parts referenced in the list. The
first is the case of;
Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated
Attorneys and Others [2023] ZASCA 112 at paras [37] and [38]
Firstly, read the order granted by the SCA, it is a good example of the consequences that can be
brought to bear on an attorney and the firm when there has been financial misconduct.
Secondly, this court refused to make a cost order, although the applicant succeeded, their costs of
the appeal were disallowed by the SCA. Read paragraph [38]; can you tell why the successful
appellant did not get the costs of appeal?
Ronald Bobroff & Partners Inc. v De La Guerre 2014 (3) SA 134 (CC)
This is an important decision and it involves a constitutional attack on the Contingency Fees Act. It
is a short and simple judgement. Read it and answer this question: what part of the Contingency
Fees Act, came under attack; and why did the court dismiss the case as having no reasonable
prospect of success.
Masango v RAF 2016 (6) SA 508 (GJ)
You may read the headnote; it is an important guide for personal injury lawyers and the issue of
VAT regarding the 25% cap on fees. Can you work out what the judgement states regarding the
charging of Vat?
TM obo MM v MEC for Health, Mpumalanga 2023 (3) SA 173 (MM)
This is an important judgement regarding contingency agreements. Read the headnote. Can you say
what code of conduct was referred to in the judgement, dealing with attorney’s fees? Do you agree
that there is a duty on an attorney to put client in a position to determine the reasonableness of fees?
Then, there are two judgements in your reading list on the issue of punitive cost orders. Read the
paragraphs you are referred to.
Ismail Hussain SC
January 2026
Intellectual Property Rights from Publicly Financed Research and
