Correspondent Attorney Fees in South Africa

In South Africa’s legal system, the concepts of correspondent attorney fees and party-and-party scale costs are integral to how legal expenses are calculated and reimbursed. When legal professionals require assistance in jurisdictions where they don’t operate, correspondent attorneys provide crucial support

The fees for correspondent attorneys depend on the scope of work they are required to perform. 

These fees generally fall into two categories:

1. Administrative Fees

These cover tasks such as filing court documents, serving notices, and other routine procedures.

2. Legal Representation Fees

When the correspondent attorney represents the instructing attorney in court or attends hearings, higher fees may apply.

The fees are typically agreed upon between the instructing attorney and the correspondent attorney, ensuring transparency and alignment with the work performed.

What Is the Party-and-Party Scale?

The party-and-party scale is a method used to determine the legal costs that the losing party in a case must pay to the winning party. These costs are intended to cover the reasonable expenses incurred in pursuing or defending a legal case but do not include all legal fees.

Key Features of Party-and-Party Scale Costs:

  • Reasonableness: Only costs deemed reasonable and necessary for conducting the case are included.
  • Limited Coverage: Costs such as consultations, excessive correspondence, or additional legal advice may not be recoverable.
  • Tariff-Based: In the Magistrates’ Court, party-and-party costs are calculated based on a tariff prescribed by the Rules of Court.

Correspondent Attorneys and Party-and-Party Scale Costs

When a correspondent attorney is involved in a case, their fees can be included in the party-and-party costs claimable from the losing party. However, these fees must meet the following conditions:

  1. Reasonableness
    The correspondent attorney’s fees must align with the work reasonably required for the case.
  2. Tariff Compliance
    Fees claimed on the party-and-party scale must adhere to the tariff outlined in the Magistrates’ Court Rules. This ensures fairness and consistency in legal cost recovery.
  3. Justifiable Services
    Only necessary services performed by the correspondent attorney, such as filing documents or attending court, can be claimed. Excessive or unnecessary services may be excluded from the party-and-party costs.

Benefits of Working with Correspondent Attorneys

1. Cost-Effective Case Management

By appointing a correspondent attorney, instructing attorneys can save on travel and administrative costs, particularly for cases in distant jurisdictions.

2. Local Expertise

Correspondent attorneys are familiar with local court rules and procedures, reducing the risk of errors and delays.

3. Efficient Process

Their local presence allows for faster filing of documents, service of notices, and attendance at hearings.

4. Transparent Costs

Correspondent attorney fees are typically well-documented, ensuring transparency when these costs are included in a party-and-party costs claim.

How Burger Huyser Correspondent Attorneys Can Assist

At Burger Huyser Attorneys, we provide reliable and professional correspondent attorney services. Our team is well-versed in handling cases on the party-and-party scale and ensuring that our fees comply with the Magistrates’ Court Rules.

Our Services Include:

  • Filing and serving court documents.
  • Representing attorneys in local court proceedings.
  • Providing detailed and transparent fee structures.
  • Assisting with cost recovery on the party-and-party scale.
  • Urgent and same day instructions
  • Issuing of matters at Court and delivering to the relevant sheriff
  • Serving and Filing of documents
  • Drafting of Documents
  • Drawing of Court files
  • Attending Court appearances and/or trials on behalf of the instructing Attorney
  • Attending to Maintenance and Section 65 appearances.
  • Indexing and Pagination of Documents
  • Attending to Pre-Trial conference at Court on behalf of the instructing Attorney.
  • Submitting and following up on Default Judgments
  • Applying for Trial or Motion Court Dates.

We understand the importance of efficient case management and are committed to delivering exceptional service that supports your legal objectives.

If you’re looking for experienced correspondent attorneys or need assistance understanding how party-and-party costs work, contact Burger Huyser Attorneys today.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358 Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE