What does the monthly fee actually cover?

The scope set out in your chosen tier, executed by senior commercial attorneys. The fee covers our time, our judgement and our availability. It is not a deposit against hours. Disbursements (CIPC fees, sheriff and court fees, briefing of counsel where required) are billed at cost. VAT applies.

What happens if a matter falls outside the retainer scope?

We will tell you before any work begins, with an estimate and a clear basis for the fee. Typical examples include contested litigation, complex tax structuring or significant M&A execution. Embedded clients receive discounted rates on overflow work; Essential and Advisory clients are quoted at our standard commercial rate.

How long do I have to commit?

A one-month notice period after an initial three-month engagement. We are not interested in retaining a client who is not getting value, and the retainer is built to prove itself in the first quarter.

Who actually does the work?

A named primary attorney is allocated to your business and is your single point of contact. From Advisory upwards, a secondary attorney is named to provide continuity for leave, capacity and conflict cover. Junior support is used for administration only, never for advice.

How do you handle conflicts of interest?

We run a full conflict check before the engagement letter is signed. Where we act for businesses in the same sector, we will tell you upfront so you can decide whether to proceed. We will not act against a current retainer client, and we ringfence sensitive matters internally where appropriate.

Can I move between tiers?

At any time, with one month's notice. Most clients start at Essential or Advisory and move up as the business scales. We will also tell you when we think you are paying for more than you need - the retainer should match your business, not the other way around.

What is not included?

Court appearances, formal litigation, heads of argument, complex tax opinions, BEE verification audits and forensic investigations are not included. These are quoted separately or, for Embedded clients, managed at the discounted overflow rate.

Insights

Newsletter15 October 2024

Know Your Contract

Before you sign, check the parties, your duties, payment terms, exit clauses, liability and disputes. A short review now prevents costly disputes later.

Know Your Contract

Contracts are part of everyday life, from signing a lease to entering into a business deal. Too often, people rush to sign without fully understanding what they are agreeing to. In South Africa, once a contract is signed it is binding, and mistakes can be costly. Before you agree to the terms, it is worth pausing to check a few key points.

Correct parties

Make sure names, ID or company numbers and addresses are accurate.

Your duties

Understand exactly what you must do, by when, and what happens if you do not.

Their duties

Be clear on when you will be paid, what will be delivered, and how issues will be handled.

Payment terms

Check amounts, due dates, penalties and any price increase clauses.

Ending the contract

Know how to cancel, what notice is needed, and whether there are penalties.

Liability

Read limitation clauses carefully, as they may reduce your rights.

Disputes

Confirm that South African law applies and check where disputes must be resolved.

Ask Questions and Get Advice

If you are unsure, ask questions, propose changes or seek advice. A short review now can prevent long disputes later.

If you can, avoid signing someone else's standard contract. Rather have your own bespoke contracts prepared for you. This gives you more protection and can save you a lot of money that would otherwise be spent on reviewing agreements drafted in the other party's favour.

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