Legal Costs

Question 1

what is Civil litigious work

Answer 1

the process of resolving legal disputes between two or more private parties.

Question 2

what is Non-litigious work

Answer 2

matters dealt with outside court proceedings e.g. conveyancing, notary, contract etc (these are matters outside of court)

also children court, criminal and family law

Question 3

Overreaching

Answer 3

charging fees which are unreasonably high – misconduct. Cant charge excessive fees (taking advantage of the client)

Question 4

Undercharging

Answer 4

undercutting – considered to be touting (clients are unfairly attracted) . Practitioner must charge adequately and properly

Question 5

Fee sharing

Answer 5

many only share fees with another practitioner. Allowance cannot exceed 1/3

Question 6

what document to you need when acting on behalf of a company?

Answer 6

special resolution

Question 7

what should be in an attorneys file

Answer 7

• correspondence
  -calls made and received
  -consultation
  -travel notes
  -pleadings and notices
  -document’s received
  -copies made
  -accounts received and disbursements made
  -instructions to counsel
  -accounts to client

Question 8

what is party and party scale

Answer 8

prescribed tariffs by the H/C AND M/C

Question 9

what is party and party costs

Answer 9

costs incurred by a party to legal proceedings which the other party is ordered to pay

NOT ALL COSTS

Question 10

what is attorney and client costs

Answer 10

these costs that the client must pay to the attorney
client will be out of pocket of the difference

Question 11

what is attorney and own client costs

Answer 11

remuneration that attorney is entitled to = MANDATE

Question 12

what is costs de bonis propriss

Answer 12

against a person acting in a representative capacity.

attorney, trustee, liquidator, executor

penalty for improper conduct

Question 13

what is wasted costs

Answer 13

services rendered are no more use

Question 14

what is reserved costs

Answer 14

costs to be determined by the next court

Question 15

what is costs in the cause

Answer 15

party liable for costs in the main action will be liable for the interim order

Question 16

what is costs of the day

Answer 16

additional costs caused by a postponement of proceedings

Question 17

what is no order as to costs

Answer 17

each party bears their own costs

Question 18

what costs is not recoverable

Answer 18

unnecessary duplication of cots
misconduct or default by the attorney
negligence by the attorney
daily dialogue with counsel
unnecessary correspondence
attendance for rectifying an error of a judge

Question 19

what is the purpose of certificate in taxation

Answer 19

used when attorney appoints someone else to draft the bill of cots, confirms that attendance are correct

Question 20

what rules is used for review of taxation

Answer 20

H/C= Rule 48
M/C= Rule 35

Question 21

what clause to include in your fee mandate for cybercrime

Answer 21

please be aware that there is a significant risk posed by cyber fraud, specifically relating to email account and bank account details.

please not that our bank account details will not change during the course of a transaction and we will not inform you of change to our bank details via email.

you should telephonically contact our offices in order to confirm bank account details.

Question 22

explain taxation

Answer 22

at the end of a matter / after interlocutory matter

court makes an order in your favour

a cost order will then draft a notice of intention to tax the bill of cost

opponent has 20 days to object/ oppose the matter

if they object- why specific items

apply for a date on taxation roll

purpose is for taxing master to confirm that the bill is in accordance with the tariff.