CONTINGENCY FEE BASED LEGAL SERVICES
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Getting Legal Assistance If you cannot afford the services of an attorney there are various options: Legal Aid South Africa Pro bono (free) legal services by attorneys; administered by the Legal Practice Council Other organisations offering pro bono legal services.
Legal Aid South Africa derives its mandate from s 35 of the Constitution. In terms of this section, every person who is arrested, detained or accused has a right to a fair trial, which includes the right to have a legal practitioner assigned by the State and at State expense. Legal Aid South Africa’s role is to provide legal aid to those who cannot afford their own legal representation. This includes poor people and vulnerable groups such as women, children and the rural poor. Legal Aid SA applies a ‘means test’ to see whether you qualify in terms of what you earn. For example, employed individuals must earn less than R5 500 per month after tax has been taken off to qualify for legal aid.
Services on a contingency fee basis by attorneys Many attorneys are prepared to undertake civil litigation (such as personal injury and motor vehicle accident claims) on a contingency (no-win-no-fee) basis for persons who may not qualify for pro bono assistance. This is subject to the provisions of the Contingency Fees Act. Ask your attorney whether he/she works on a contingency basis.
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Contingency fee legal services, often referred to as "no win, no fee," involve an agreement where a lawyer's payment is contingent on the successful outcome of a case. Essentially, if the client doesn't win, they don't pay the lawyer's fees. If the client wins, the lawyer receives a percentage of the winnings, potentially with an uplift on their normal fee.
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Contingency fee legal services, often referred to as "no win, no fee," involve an agreement where a lawyer's payment is contingent on the successful outcome of a case. Essentially, if the client doesn't win, they don't pay the lawyer's fees. If the client wins, the lawyer receives a percentage of the winnings, potentially with an uplift on their normal fee.
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