Lawyer Retainer Fee South Africa Fee Guide

When It Applies

Not For

• Estimating what a specific lawyer should charge.
• Resolving a fee dispute after court papers, complaint steps, or taxation of costs have started.

Documents

• Matter summary
• Mandate letter
• Fee estimate
• Invoice or tax invoice
• Trust-account details
• Proof of payment
• Statements
• Scope-change approvals
• Disbursement records
• Question list

Timeline

• Before paying: confirm retainer type, account, scope, and exclusions.
• During work: track invoices, statements, and approvals.
• Before top-up: ask for current balance and work completed.
• After completion: request final account and unused-balance handling where relevant.

Tips

• Do not pay without knowing whether the amount is a deposit, fixed fee, or ongoing retainer.
• Ask whether VAT and disbursements are included.
• Keep proof of every payment.
• Do not assume unused amounts are handled automatically without checking the terms.

Warning Signs

• No written mandate or fee basis is provided.
• You are asked to pay into unclear account details.
• The retainer covers undefined work.
• Extra work starts without approval.
• Invoices do not show what was done or how the retainer was applied.