Rate Per Hour Charges

Historically attorneys charge for their services at an agreed rate per hour. The rate varies according to a variety of circumstances.

In addition the particular circumstances of the specific Attorney also has a bearing i.e. City Practices will usually have much higher overheads than in small towns.

Common Law Percentage Contingency Fees / Time Charge Fees

In personal injury/medical negligence damages claims the American System of Contingency Fees has become the norm in South Africa. Here the Attorney will agree to accept instructions on a “no win no fee basis” in return for receiving an agreed percentage of the damages eventually recovered in the claim.

The percentage will vary according to the circumstances involved. For example in a claim which has a very poor chance of succeeding, the attorney would obviously expect a higher percentage for carrying the risk and disbursements of the claim, than in a claim where the prospects of success are extremely high.

Most cases are done on a no-win, no-fee basis in terms of which we receive a percentage of the damages, usually between 20 - 30% VAT exclusive, recovered for you. This is subject to professional rules and full disclosure by you of all the circumstances relating to your claim. We also always contract with clients to charge at a rate per hour, (on a no win no fee basis), as there are many circumstances involved in determining a fee which is fair both to the Attorney and the client  depending on the result obtained in the claim.

For example, if we were instructed by a spouse who lost a breadwinner in an accident, and where there was a criminal conviction based on solid evidence, properly audited financial and tax statements proving the deceased's income, and the claim was settled within months and after we had only put in a limited amount of time, we would not feel comfortable in charging a high percentage of the damages recovered.

Alternatively there may be cases where the circumstances, amount of work we have had to do, and length of time we have had to carry the expenses of the claim , where a straight percentage fee would not achieve a fair result for the Practice. In such a case we would discuss and agree our proposed time charge fee with the client.

We always discuss and agree the fees with our clients and our 37 years of exemplary reputation is confirmation of our fair dealings with clients.

Contingency Fees Act
Legislated in 1997 and Promulgated in 1999 this Act provides for Attorneys to accept instructions on Contingency – no win no fee – and rewards Attorneys for the risk by entitling them to charge double their normal fees on the successful conclusion of the matter.

Because this system of fees is so technical most clients prefer the tried and tested straight percentage fee or a time charge basis, which results in a win-win result for attorney and client.

If you or anyone you know, has been a victim of a medical negligence, suffered a personal injury as a result of the wrongful act of another or been injured in a road accident, and would like to have Ronald Bobroff & Partners Inc assist in obtaining compensation, please contact us or call us on 011 880-6781 or on our 24hour toll free number 0860 100 184