CREDITS
By Ockert Vermaak
A contingency fee agreement in South Africa is a legal arrangement between a lawyer and a client where the lawyer’s fees are based on the outcome of a case.
In such an agreement, the lawyer agrees to represent the client without charging upfront fees. Instead, the lawyer’s fees are contingent upon the successful resolution of the case.
If the case is successful, and the client receives compensation, the lawyer is entitled to a predetermined percentage of that compensation as their fee.
However, if the case is unsuccessful, the lawyer typically does not receive a fee.
Contingency fee agreements are commonly used in personal injury cases and some other civil litigation where compensation is awarded.
They provide access to legal representation for individuals who might not have the financial means to pay for legal services upfront.
The specific terms and percentages involved in a contingency fee agreement can vary, and it’s important for both the client and the lawyer to clearly outline these terms in a written agreement before proceeding with the case, however the maximum amount that a Lawyer can retain is up 25%
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