Written by: Jeanne-Mari Tromp

February 2025

How to Get the Right Attorney for Your Matter

Needing legal assistance can be a daunting and unfamiliar experience. Often, it means that you are facing a challenge or entering a phase in life that requires expert guidance in a field you know little about. Whether you’re dealing with a contract, considering marriage, facing an employment dispute, or being sued, the legal system can be complex and overwhelming.

Choosing the right lawyer—someone you can trust to protect your interests and guide you through this process—is one of the most important decisions you can make. This article outlines what you need to know before appointing a lawyer in South Africa and how to make an informed, confident decision that supports the best possible outcome in your case.

Why Do You Need A Lawyer?

Lawyers provide legal assistance in South Africa to ensure your documents are valid, your rights are protected, and your case is attended to accordingly. While some may view lawyers as expensive, it’s important to understand that legal practitioners are highly trained professionals who have undergone years of study and practical training. They provide specialised services to help you navigate legally sensitive and high-risk situations. Here are just a few examples of why legal representation matters:

  •     A layperson cannot draft a contract that includes all essential clauses to protect you from liability.
  •     You cannot legally execute an antenuptial contract without an attorney and a notary.
  •     Unqualified advice could lead to unnecessary appearances at the CCMA or Labour Court.
  •     Representing yourself in court without knowledge of basic courtroom procedures could negatively impact your case.
  •     Not understanding the consequences of an agreement will have far-reaching effects on a business relationship.

 

How Can You Make Sure You Choose The Right Lawyer For Your Specific Matter?

Attorneys are very good at highlighting what they are good at. Depending on your matter, it will be advisable to engage with someone who has experience in the matter you need assistance with.

Even though an expert can sometimes sound more expensive, it can actually save you a lot of money. By hiring an expert attorney, you can eliminate errors and ensure the process is initiated by someone who knows exactly what they are doing and is familiar with a lot of the staff (being court staff, government staff, etc.), systems and requirements involved in the legal process.

The old saying goes, ‘If you pay peanuts, you will get peanuts.’

Attorneys often specialise in different areas of law, such as family, criminal, commercial, or labour law. Choosing the right lawyer depends on the nature of your matter. Consider the following when you need to choose what kind of lawyer you will need for your case:

  •     Area of expertise: Choose a lawyer who has significant experience in the specific field relevant to your case.
  •     Reputation: Look for client reviews or ask for referrals from trusted contacts.
  •     Approach: Some attorneys are more aggressive, while others focus on mediation and settlement. Choose one that aligns with your needs.
  •     Affordability: More experienced attorneys may charge higher rates, but they can often resolve matters faster and more efficiently, saving you money in the long run.

How To Understand Legal Fees And Payment Structures When Hiring A Lawyer?

It is extremely difficult for an attorney to provide a client with a cost estimate, but most of the time, this is not an impossible task. This is simply because lawyers have done it multiple times, and usually the cost required for a certain act is already previously determined.

However, it is also important to note that each case has its own facts and that no provision can be made for longer periods of time spent on your matter or more comprehensive drafting required for your matter.

Attorneys usually work on an hourly rate, and their rate is determined by their employer. Meaning that if your matter requires more time,  your matter will cost more money. Keep the following in mind to understand legal fees and payment structures better when in need of legal help:

  •     Attorneys may offer fixed-fee services for standard matters (e.g., drafting wills or antenuptial contracts).
  •     Hourly billing applies to more complex or ongoing matters, such as litigation or business disputes.
  •     While attorneys may provide estimates, they cannot predict unexpected complications that might increase the total cost.
  •     Always ask for a cost estimate in writing and ensure you understand the billing structure before proceeding.

What Questions Should You Ask A Lawyer Before Appointing Them To Your Matter?

The questions below will help you manage expectations, clarify communication timelines, and understand your lawyer’s strategy. If you’re not satisfied with the answers or feel that your concerns aren’t heard, it may be worth seeking a second opinion or appointing a different legal professional. Before officially instructing an attorney, ask the following:

  •     How often will I receive updates on my case?
  •     What is your approach to resolving this type of matter?
  •     What steps will we follow after we initiate the process?
  •     Do you foresee any challenges or risks in my case? 

What Is Attorney-Client Confidentiality?

Confidentiality is a cornerstone of the legal profession. Your attorney is legally obligated to keep the details of your case private, allowing you to speak openly and honestly without fear that your information will be shared with third parties.

Important points to note when it comes to attorney-client confidentiality:

  •     All discussions and documents exchanged between you and your attorney are protected.
  •     This confidentiality ensures your lawyer can act in your best interests without compromising your case.
  •     However, this privilege is not absolute. If you disclose intentions to commit a crime or evidence of ongoing criminal activity, your attorney is ethically and legally obligated to report it.

It is really important to be reminded that your communications and instructions to your attorney may be private and confidential; the processes, documentation and statements incorporated into a court document and filed with the court are not confidential. This is open to the public and accessible.

Hiring a lawyer is more than just ticking a legal box—it’s a decision that can significantly affect your future. Whether you’re entering into a business agreement, facing litigation, or resolving a family matter, the right attorney provides peace of mind, clarity, and trusted guidance.

At Burger Huyser Attorneys, we understand how personal and important your legal matters are. We believe that receiving legal services should not be like pulling teeth, and we view it more like a partnership to assist you in facilitating your future. Our team of highly trained professionals is committed to offering honest, clear, and results-driven legal advice in a wide range of practice areas.

If you’re unsure where to begin or have questions about your rights and options, contact Burger Huyser Attorneys today. Let us be the legal team you can trust.

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;  Midrand call 010 022 4082; Pretoria call 064 548 4838;

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