Quick answer
Ask for a phase table that separates prescription and form triage, document preparation, lodgement, objections, medical evidence, RAF 4 work if relevant, loss experts, negotiation, proceedings and settlement. For each phase, record the output, fee basis, included records, external costs and approval gate. If a contingency fee is proposed, require the prescribed compliant agreement and calculation.
How to use this guide
The RAF allows direct claims, so ask what complexity and work justify representation in this matter. Neither direct claiming nor using a lawyer guarantees acceptance, speed or compensation.
Price the immediate legal risk first
The first phase should identify the vehicle and driver status, claimant authority, earliest possible prescription date, current form and evidence gaps. Ask whether it includes review of any prior lodgement or RAF objection and what written advice concludes the phase.
Do not authorise full litigation simply because the form review begins. The fee should have a stopping point if the claim is prescribed, outside the statutory scheme or unsupported by necessary evidence.
Separate professional fees from disbursements
List medical records, examinations, medico-legal experts, occupational or vocational evidence, actuaries, counsel, sheriff, court process, travel and document services separately. Ask who selects each provider, whether an estimate is available and who must approve the cost.
Clarify whether the firm advances any amount and who remains liable if the claim is withdrawn, transferred or unsuccessful. “No win, no fee” should not be interpreted as “no possible cost” unless the written lawful terms genuinely say so.
Understand the contingency framework
The Contingency Fees Act sets requirements for lawful contingency agreements and prescribed forms. Ask the lawyer to explain the normal fee, success-fee formula, statutory limit, VAT and the amount to which any percentage applies. Keep the signed agreement and later variation.
Do not accept a verbal statement that every RAF matter is charged at 25 percent. The legal calculation and agreement matter. If the explanation is unclear, obtain independent advice before signing or transferring the file.
Ask for a worked comparison before signing
Request a simple written illustration of how the ordinary fee and the proposed success fee would be calculated under the agreement, including VAT and any relevant cap. The illustration should be labelled as an example rather than a prediction of the claim value. Ask which amount or benefit forms the calculation base, how recovered legal costs are treated and where each figure will appear in the final accounting.
Also ask what billing method applies if the statutory contingency agreement is not used, cannot lawfully operate, or ends under its terms. A client should be able to distinguish deferred payment, an ordinary time-based mandate and a compliant contingency arrangement. Similar marketing phrases can conceal materially different obligations, so the signed document and prescribed disclosures must control.
Test responsibility for external costs
Ask how an expert invoice is handled if the report does not support the proposed claim issue. The answer should identify whether the firm, client or another person contracted with the expert, when payment becomes due and whether prior written approval is required. Require the same clarity for counsel, travel, medical-record charges and document delivery. A disbursement is not made harmless merely because it will be deducted later if money is recovered.
Set a monetary or phase threshold above which the lawyer must provide a revised estimate before incurring more external cost. This allows the claimant to understand the consequences of additional reports or proceedings without demanding an impossible fixed total at the start.
Control expert scope and sequence
For each proposed report, ask what claim question it answers, which records are needed first, whether an examination and report are included and what happens if the opinion is unfavourable. RAF 4 serious-injury work should be identified separately from reports supporting treatment, care or earnings.
Set a cost review before supplementary reports, joint minutes, counsel or trial preparation. A record-sufficiency check can avoid paying downstream experts to calculate assumptions that are not yet supportable.
Define communication and decision authority
Name the person who receives RAF correspondence, monitors deadlines, approves experts, instructs counsel and accepts or rejects settlement. Ask how often status reports will be provided and which documents the client receives.
Use the Legal Practice Council verification route to check the practitioner and determine whether a Fidelity Fund Certificate is required for that practitioner; where required, confirm its current status. Also confirm how original identity, medical and financial records are protected and who takes responsibility if the file handler changes.
Require a transparent settlement accounting
Before acceptance, ask what heads and future rights the offer resolves and whether an undertaking, apportionment or cost issue remains. The final statement should show the gross receipt, professional fee, VAT, each disbursement, trust transactions and net client amount.
Do not assume a favourable costs order or agreement reimburses the full attorney-client bill. Ask how recovered costs are credited and how a disputed deduction can be reviewed.
Plan for file closure or transfer
The mandate should explain termination, fees earned, unpaid experts, trust balance, file delivery and live dates. If a claimant changes lawyers, the transfer should preserve the evidence and prescription record rather than becoming a gap in responsibility.
Ask whether complaint handling, insurer interaction or other accident-related processes fall outside the scope. Unstated exclusions are a common source of fee disagreement.
Request periodic billing and disbursement reports even where payment is deferred or contingent. Each report should identify the phase, work performed, person and rate where applicable, external cost, amount advanced and budget remaining. Ask how objections, adjournments, expert delays or a change in claim value affect the next estimate. Visibility during the matter is more useful than discovering the entire cost structure only when settlement funds arrive.
The engagement should also state who may change the legal team or expert plan and how the client approves that change. A larger team can be justified by urgency or complexity, but it should not become an unexplained increase in cost.
What a fee agreement cannot guarantee
No pricing arrangement can promise liability, expert support, serious-injury qualification, claim duration, a costs order or net recovery. Evidence and the RAF’s response can change the work. Written scope, phase gates, disbursement approval and settlement accounting provide financial control without predetermining the result.
FAQs
Is a contingency fee the only way to fund a RAF lawyer?
No. Firms may offer different lawful arrangements. Ask for the pricing method, scope, assumptions and disbursements in writing.
Does the lawyer’s fee cover medical experts?
Not automatically. Expert, records, counsel and other third-party costs should be itemised and separately authorised.
What should a settlement statement show?
It should reconcile gross funds, professional fees, VAT, every authorised disbursement, trust movements and the net payment to the client.
Can the RAF be required to repay every legal cost?
Do not assume so. Recoverable costs and the client’s full bill are not necessarily the same, and depend on process and outcome.
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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.