Quick answer
After checking the individual on the Legal Practice Council (LPC) record, ask for a written mandate that names the client, practice and responsible practitioner; defines the immediate work and exclusions; explains the fee basis, estimates, VAT and disbursements; and allocates responsibility for deadlines. If money will be held in trust, identify the trust-account practice and verify the relevant Fidelity Fund certificate (FFC) where the statutory requirement applies.
How to use this guide
Admission and pricing answer different questions. An admitted lawyer can still offer a vague or unsuitable mandate, while a clear quote does not prove current practising status. Verify both before substantive work begins.
Confirm the parties and responsible person
Ask: "Who exactly is my contracting legal-service provider?" The answer may be a sole practitioner, partnership or juristic practice rather than the profile brand. The engagement document should also identify the individual responsible for advice and communication.
If candidates, associates, advocates, correspondents or external experts may work on the matter, request their roles and charging treatment. Ask who supervises junior work and who is authorised to change strategy or incur additional cost. Do not assume that a consultation with a senior profile means that person will perform every task.
Use the LPC search to check the named practitioner's current recorded type and practising indicator. That verification does not approve the quote or establish expertise; it ensures that the engagement starts with the correct regulated identity.
Define the first deliverable and the boundary
Replace a broad instruction such as "handle my case" with a concrete first phase. It could be an urgency assessment, document review, written opinion, demand, negotiation meeting, pleading, hearing appearance or transaction review.
Ask these scope questions:
- Which documents will be read and which are excluded?
- Does the work include legal research, drafting, filing, service, negotiation or appearance?
- Who calculates and diarises the next deadline?
- What ends the first phase, and what requires a new instruction?
- Are an appeal, enforcement, settlement implementation or tax consequences excluded?
A lawyer who agrees to advise on one letter has not necessarily accepted the entire dispute. Record deliverables and responsibility in writing, especially where a court, commission, regulator or contract sets a date.
Ask how the fee is built
Request the charging basis: fixed fee, hourly rate, staged budget, tariff-related charge or another lawful arrangement. For hourly work, ask which people may bill, their rates, the billing increment and whether reading internal correspondence is charged. For a fixed fee, define the assumptions and events that permit revision.
Separate professional fees from disbursements such as counsel, experts, sheriffs, travel, filing, searches or correspondents. Confirm whether amounts include VAT where applicable. Ask when invoices will be issued, what detail they will contain, when payment is due and how a disputed item can be queried without paralysing urgent work.
An estimate is not necessarily a cap. Ask for notification before a stated threshold is exceeded and for approval before optional third-party costs are incurred. No lawyer should promise a total litigation cost without qualifying variables such as opposition, evidence, hearing length and interlocutory steps.
Treat contingency fees as a specialised arrangement
If payment depends on success or a percentage of recovery, ask whether the Contingency Fees Act applies and request a compliant written agreement. The Act sets formal conditions and limits for qualifying matters. Do not assume every percentage arrangement is lawful, or that the arrangement removes all exposure to disbursements, adverse costs or other charges.
Ask how "success" is defined, what happens on partial settlement, how the fee will be calculated and what cooling-off or review formalities apply. Obtain independent advice if the calculation is unclear.
Classify deposits and trust money correctly
A payment request should say what the money is for and which account receives it. An earned consultation fee or invoiced charge is not identical to money entrusted for a transaction, settlement or future disbursement. Ask whether the amount goes to business or trust, how it will be accounted for and when unused money is refundable.
The FFC requirement is qualified, not universal. Under the Legal Practice Act, specified attorneys and trust-account advocates practising for their own account, and directors of juristic practices, require a valid certificate, subject to statutory exceptions. Verify the certificate where the proposed practice arrangement and receipt of entrusted money make it relevant.
Fidelity Fund protection concerns qualifying theft of entrusted money or property under its statutory conditions. It does not insure you against poor advice, fee disputes or an unsuccessful outcome. Ask separately about professional-indemnity arrangements where that matters to the mandate.
Plan changes, termination and file handover
Ask how new facts or expanded work will be approved. A simple change-control rule can require a written description, cost effect and client instruction before non-urgent out-of-scope work begins. Also clarify who may settle, concede, sign or incur major expenses.
The mandate should explain termination, outstanding fees, trust balances, return or transfer of the file, document retention and cooperation with a replacement practitioner. These terms should not be used to obscure urgent client rights or professional obligations. If the relationship ends while a deadline is live, obtain a written status and handover immediately.
Compare mandates, not headline prices
Place competing proposals side by side using the same columns: verified provider, responsible lawyer, first deliverable, exclusions, rate or fixed amount, budget assumptions, disbursements, trust treatment, reporting frequency and deadline responsibility. A lower figure for undefined work is not necessarily cheaper.
Do not book based on a promised win, an unexplained discount or pressure to pay immediately. A good engagement makes uncertainty visible. It tells you what will happen next, who owns it, how cost can change and what is not included.
Important limitation
Fees and duties depend on the written agreement, work, forum and applicable law. This guide does not determine whether a proposed fee is reasonable or calculate a matter's cost. Obtain tailored advice before accepting unclear success-based terms or where a live deadline is not allocated.
FAQs
Does a fee estimate place a guaranteed ceiling on legal costs?
Not necessarily. Ask whether it is an estimate or a cap, identify its assumptions and require notice before an agreed threshold is exceeded. Opposition, evidence, additional hearings and third-party expenses can change the total.
What scope wording helps protect an urgent filing date?
Name the exact filing or response, forum, responsible practitioner and due date, and record whether calculation, drafting, filing and service are included. A consultation booking alone does not necessarily transfer deadline responsibility.
Can a lawyer charge a percentage of what is recovered?
Only use a success-linked arrangement after checking whether the Contingency Fees Act applies and whether its written formalities and limits are met. Clarify disbursements, adverse-cost exposure and the meaning of success.
Should my advance payment always go into a trust account?
The answer depends on the payment's legal purpose and the practice arrangement. Ask whether it is an earned fee, advance, disbursement or entrusted amount, which account is correct and how it will be accounted for; verify any applicable FFC.
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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.