Below are some of the frequently asked questions from our potential clients.
Can I Change Attorneys?
Yes, you can change attorneys! Many attorneys take matters on a “no win no fee basis” advising clients that they will recover their full fees and disbursements, as agreed on a percentage or hourly rate, once the matter is resolved……Read more
How do I pay my legal fees?
We mostly operate on a no-win-no-fee basis which means that if there is no monetary recovery you owe us nothing for our services.
In respect of certain of the labour issues, we charge an initial consultation fee in order to assess the merits. The initial consultation fee is a minimal amount just to allow us the opportunity either to render advice and resolve the matter immediately or alternatively to make a decision as to whether or not to pursue the matter further.
How do I pay for the expenses of my case?
If we deem that your case has merit we will advance the expenses of the case and these costs will be repaid when there is a monetary recovery.
How do you decide if my case is valid?
We look at many cases but unfortunately are unable to help all potential claimants. Each case is reviewed by our team and accepted based on merit and if we can be of service. Sometimes if we are unable to help we may refer you to other lawyers who can.
How much is my case worth?
Each case is different and must be evaluated separately. We spend a great deal of time evaluating the value of a claim and from our experience and practice are able to ascertain correct monetary values. There is however no guarantee that a case will result in monetary recovery.
I don’t live in South Africa. How can you act for me?
Our legal team is licenced to practice in a variety of countries. If, however, you live in a country where we are not licenced to practice, we are associated with competent legal firms that will act under our instructions and with whom we work closely.
Who from your law firm will work on my case?
One of our experienced attorneys will be assigned to attend to your matter and will be ably assisted by administrative staff. Immediately pursuant to your consultation you will be notified of the details of the attorney and his or her assistant who will be your point of contact in addition to the ordinary email and telephone numbers available.
Will I be kept informed on the progression of my case?
At all times you will be kept up to date on the progress of your case. In addition, you may contact your legal team at any time to discuss anything.
How long will it take before my case comes to trial and reaches a conclusion?
Each court differs in the amount of time a case takes to come to trial. Once we have been assigned a court we are able to better estimate a time to trial and the length of time to a successful outcome.
Do I need to be present in court?
Yes, if your case comes to trial, you will need to be present at all times.
What are the procedures in court?
Your lawyer will advise and assist you on the specific procedures relative to the trial.
Will you speak with me before settling my case?
Yes, no case is ever settled without your expressed consent. Whenever settlement negotiations are initiated by either party you will be informed, and it is only with your full participation, advice, and consent that your case will be settled.
If my case settles favourably, how long will it take before I receive money?
Typically, once a case is settled there are documents that need to be exchanged between both parties of the lawsuit. It takes around 45 – 60 days for this process to be completed but in some circumstances may take longer.
Prescription
In common law, a claim must be brought within 3 years of the date of the incident. In order for the prescription to be interrupted, Summons must be issued out of the High Court. For us to issue Summons on your behalf we will require some time to investigate the claim, collate the necessary documentation and, depending on the nature of the claim and if necessary, obtain an expert opinion to substantiate the claim. There are exceptions to the 3-year rule relating to the age of majority, capacity to institute a claim and lack of knowledge of the claim.
Liability and Quantum
We are often asked how claims are prepared and what aspects are considered to ascertain if a claim should be brought and in addition out of which Court it should be brought i.e should it be brought out of a High Court or Magistrates Court. In order to determine whether a claim is good in law, we must investigate the merits. Was there negligent conduct and if so, did it cause the harm that is alleged. We must also consider whether the damages which have been suffered as a result of the harm are sufficient to substantiate our involvement. In other words, were the injuries severe or were the consequences to the injuries severe enough to cause recoverable damages.
