Quick answer
Ask every law firm to price the same defined first phase and describe the deliverable in writing. Confirm what is included and excluded, who will perform the work, each charging rate or fixed fee, VAT, deposits, disbursements, billing frequency, estimate assumptions, approval of additional work, and what happens if the mandate ends.
Key takeaways
- Compare the same phase and deliverable across firms.
- Separate consultation, pre-reading and later representation.
- Record role-based rates, VAT, deposits and disbursements.
- Make estimate assumptions and change triggers visible.
- Require a clear approval process for additional work.
- Check reporting, termination and file-handover terms before signing.
How to use this guide
Do not compare a consultation-only price with a quote that includes document review, drafting and a written advice note. A useful comparison is cost for the same output under the same assumptions, not the smallest number on the first page.
1. Separate the consultation from the mandate
Ask whether the initial fee covers intake, pre-reading, the meeting, follow-up questions, a written note or any later drafting. Then ask what must happen before the firm accepts responsibility for further work.
Record:
- consultation duration;
- document or page limit;
- included attendees;
- output after the meeting;
- VAT treatment;
- cancellation terms; and
- whether any part is credited to later work.
The questions-before-booking guide helps define this first interaction before you ask for a larger quote.
2. Divide the legal work into phases
Broad instructions produce broad estimates. Ask the firm to break the work into decision points, such as:
- urgent triage and deadline confirmation;
- document review and preliminary advice;
- correspondence or negotiation;
- drafting and filing;
- hearing, trial or transaction completion; and
- enforcement, implementation or closing work.
Not every matter uses all phases. The purpose is to identify what can be priced now and what depends on later facts. Ask whether you may approve one phase at a time and what you will receive at the end of each.
3. Define the deliverable precisely
“Attend to the matter” is difficult to compare. A defined first phase might deliver a written risk note, reviewed agreement, letter of demand, pleading, settlement proposal, filing pack or opinion on forum and deadline.
For each deliverable, confirm:
- documents reviewed;
- legal questions addressed;
- meetings or calls included;
- number of draft or revision rounds;
- filing or service responsibility;
- expected completion assumption; and
- client tasks needed before work starts.
The document-preparation guide helps give each firm the same source material for its estimate.
4. Understand the charging model
Ask whether work is charged by fixed fee, hourly rate, task, tariff, capped estimate, retainer or another lawful arrangement. If rates differ by role, request the rate for each likely participant and which tasks may be delegated.
Clarify:
- minimum billing units, if any;
- whether calls, emails, travel and waiting time are charged;
- preparation and research rates;
- after-hours or urgent rates;
- review and supervision time;
- whether a cap is firm or only an estimate; and
- the circumstances in which the basis may change.
The LPC Code of Conduct recognises a practitioner's entitlement to reasonable fees and addresses fee enquiries. Ask the firm to explain its current fee basis in plain language.
5. Check VAT, deposits and external expenses
A quote can exclude material costs. Ask whether VAT is included and list expected disbursements separately. Depending on the matter, these may include counsel, correspondent attorneys, experts, sheriffs, filing, searches, transcription, travel, courier, deeds or company records.
If a deposit is requested, ask:
- what the deposit covers;
- where it will be held;
- when it may be applied to an invoice;
- what replenishment level is required;
- whether work pauses if the balance falls; and
- how an unused balance is returned.
The LPC explains which practitioners require Fidelity Fund Certificates and provides a verification route. An FFC is relevant to qualifying trust-account practices; it is not a guarantee of outcome, price or service quality.
6. Write down the estimate assumptions
An estimate may assume that documents are complete, facts are not disputed, the other party cooperates, no urgent application is required or the matter ends after one exchange. Ask the firm to list the assumptions that could materially change cost.
Useful questions include:
- What is not known yet?
- Which event would require a new phase or estimate?
- Does the quote assume settlement or an unopposed process?
- Is counsel, an expert or a correspondent expected?
- What client delay or missing record may create repeat work?
An estimate without assumptions can appear precise while hiding the main sources of variation.
7. Agree on change control and cost reporting
Ask the firm not to exceed an agreed phase, cap or deposit without written approval, except where a separately agreed emergency process applies. Confirm who may authorise work and through which channel.
Request a reporting rhythm appropriate to the matter:
- itemised invoices at agreed intervals;
- cost-to-date against the approved phase;
- notice before a material overrun;
- explanation of new disbursements; and
- a revised estimate when assumptions change.
Do not ignore invoices until the end. Raise unclear entries promptly and keep the written answer with the mandate.
8. Ask about delegation and third parties
A team can improve efficiency if work is allocated appropriately, but it can also create duplicated reading or supervision charges if roles are unclear. Ask who will do factual review, legal research, drafting, negotiation, appearances and administration.
If counsel, an expert or another firm may be instructed, ask who selects that provider, who approves the quote, whether funds are paid through the firm and whether the client receives the external terms. The firm-versus-individual guide helps test whether the staffing model fits the workload.
9. Confirm the exit and file-handover terms
Before signing, ask what happens if you or the firm ends the mandate. Clarify final billing, unused funds, outstanding disbursements, return or transfer of original documents, electronic file export, retention policy and any urgent steps still requiring attention.
Ask whether another practitioner can take over and what information will be needed. A change of firm can have cost and timing consequences, especially during litigation, so do not assume an immediate handover is consequence-free.
10. Understand the legal-source limits correctly
The Legal Practice Act contains written cost-estimate provisions in section 35(7) to (12), but the South African Government's official commencement record states that those subsections still await proclamation. Do not rely on them as though they currently impose an operative universal statutory notice duty.
Clear written fees, scope and change control remain sensible client protections, and the operative LPC Code of Conduct addresses reasonable fees and professional obligations. Contingency arrangements are governed by separate legislation and are not simply informal “no win, no fee” promises; ask for advice on whether the statutory framework applies to the specific proceedings.
11. Use a like-for-like quote sheet
For each firm, record the same fields: first-phase deliverable, responsible practitioner, included documents, estimated time, fee basis, role rates, VAT, deposit, likely disbursements, assumptions, cap or review point, reporting frequency, extra-work approval and exit terms.
The final-selection checklist should be applied after this commercial comparison, not replaced by it.
FAQs
Is the cheapest consultation usually the cheapest firm?
No. The services may differ. Compare pre-reading, duration, attendee, written output and later rates before deciding which offer costs less for the same result.
Is a cost estimate a fixed quote?
Not necessarily. Ask whether the amount is fixed, capped or estimated, which assumptions support it and what event permits revision.
Should I pay money before receiving a written scope?
Ask for written confirmation of what the payment covers, where it will be held or applied, and what happens to any unused balance before transferring funds.
Can a firm charge for emails and calls?
Charging practices vary. Ask which communications are billable, the applicable rate or unit and how those entries will appear on invoices.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.