# A copy of the contingency fee agreement must be delivered to the customer on the day the contract is signed. (Section 3.4) of the Contingency Fees Act, 1997 (Act 66 of 1997)) Carried out and concluded between the lawyer, it is not easy to agree with clients to charge contingency fees. There are strict requirements, which are set out in the law, that must be met before a lawyer can collect contingency fees. If the conditions are not met, the agreement is not valid and no agreement can be concluded between the lawyer and his client. If the client is not satisfied with the fees charged by his lawyer, he may refer the case to the competent law firm to verify the possible fee agreement. The company by right may rescind any provision of the agreement on success fees or royalties to be asserted if it considers that the provision or royalties are inappropriate or unfair. The law also requires that lawyers` fees do not exceed 25% of the total amount awarded to the client. Let`s use an example. If a lawyer handles your third-party claims and the court gives you R100,000. You and your lawyer did not enter into an emergency agreement. The lawyer provides you with his normal invoice for the work done.

The attorney`s fees depend on the work he/she has done and you will be burdened accordingly. However, if you and your lawyer have entered into an emergency agreement, their fees will be R25,000. Attorneys` fees must not exceed R25000 (25% of R100,000). The law provides that if an offer of settlement is made to the client who has entered into an agreement on occasional fees, the offer of settlement can be accepted only after the lawyer has made an affidavit in court, when the matter is brought before the court or an affidavit has been filed with the competent legal company, if the case is not brought before the courts. An explicit agreement must be made between the lawyer and his client for the fees collected to be collected as part of a possible fee agreement and not fees imposed by the Law Society. The contract must be written and signed by both parties.> The lawyer is only entitled to any fees for the services provided if the case he is handling for a client is successful. We usually see these types of agreements in third party claims (if you have had an accident and Road Accident Fund claims). If the case is not successful, the lawyer is not paid and then cannot give an invoice to the client – the lawyer worked for free (the client usually pays for the costs) . . .