Mandate Terms & Conditions

GENERAL TERMS AND CONDITIONS
1. I agree to pay all fees/disbursements as charged by Brookes Attorneys on presentation of their statement and I agree that in the event of a dispute the onus will be on me to show that the fees/disbursements as charged are unreasonable. I acknowledge that apart from conveyancing matters, fees are not based on tariff.
2. All overdue accounts will attract interest at 2% per month on the outstanding balance.
3. In the event of legal proceedings being instituted to recover overdue accounts, I agree to the jurisdiction of the Magistrate’s Court and to pay costs as between Attorney and Client including collection commission at the rate as laid down by the KwaZulu-Natal Legal Practice Council.
4. Brookes Attorneys reserve the right to:-
  1. Verify all information furnished herein and to decline offering professional services should any information be untrue or incorrect;
  2. Conduct credit checks;
  3. Call for deposits, or top ups, from time to time;
  4. Commence work only after the mandate documentation and payment of the requested deposit is received;
  5. Cease all work should accounts become overdue and they shall not be liable should any claim prescribe as a result thereof;
  6. Withdraw as attorneys of record and handover for formal collection of overdue accounts;
  7. Submit accounts at intervals entirely at their discretion.
5. I acknowledge that Brookes Attorneys, as obliged in terms of the Financial Intelligence Centre Act No. 38 of 2001, will notify all “suspicious” financial transactions to the Financial Intelligence Centre.
TERMS RELATING TO FEE MANDATE:
1. The charge out hourly rate is tariff or agreed hourly rate as agreed in writing (hereinafter “the agreed rate”) which amount is exclusive of VAT. All time spent on a matter will be charged in accordance with this rate.
2. Charges are levied on consultations, drafting pleadings and documents, perusal of documents and pleadings, emails in and out and copied in, correspondence in and out, attendance and appearances, telephone calls made and received.
3. The charges in 3.1 above are calculated at the agreed rate per hour divided by the time taken and/or the pages involved.
4. A minimum charge of 5 minutes is charged for telephone and email attendance.
5. Disbursements to counsel for consultation and appearances, parking and travel, Sheriff and Agents attending to matters out of our immediate geographical area are further charged.
6. When it is necessary to travel from our office for whatever reason, a travelling charge of R6.00 per kilometer is raised and time spent travelling is also charged for at our charging rate in 5.1 above.
7. Photocopies are charged at R6.00 per page and colour copies, should these be necessary, are charged at R10.50 per page.
8. An initial deposit may be required to be paid upfront to cover initial fees and disbursements and professional attendance to your matter on first consultation before any work is undertaken on your behalf.
9. Regular interim accounts will be rendered to you to keep you informed regarding fees and disbursements which are being incurred by you in the handling of your matter.
10. On receipt of fee notes that amount to more than the amount in deposit, full payment is due on presentation:
  1. If any account is not paid within 30 (thirty) days of date of invoice, interest will be charged on all overdue fees at the legal rate per annum;
  2. If any account is not paid within 60 (sixty) days of date of invoice, the file will be pended immediately, and no further work will be done until payment is received;
  3. If any account is not paid within 90 (ninety) days of date of invoice, the file will be handed over for formal collection and we will withdraw as your attorney of record.
11. If work is undertaken on an urgent basis after hours, over weekends or on public holidays, we reserve the right to increase the normal charging rate.
12. Should further amounts need to be secured prior to instructing Counsel or in anticipation of a protracted time-consuming upcoming litigation, you will be informed, and no further action will be taken until such time as cover is received.
13. We reserve the right to terminate our mandate if any account is not paid timeously.
14. Should we hold monies in our trust account / investment account on your behalf, which is associated with your matter, and should there be fees outstanding in respect of your matter, we reserve the right to deduct all fees before paying over the amount to you.
15. Signature of this mandate serves as an immediate authority for us to begin executing your instructions and you shall be liable for payment of our fees from signature hereof until our mandate is terminated.
TERMS OF INVESTMENT MANDATE
1. I confirm that all funds deposited with Brookes Attorneys may be invested at their discretion in an interest bearing account for my benefit with a registered bank and I acknowledge that:-
  1. All monies invested will be trust monies as contemplated by Section 86(4) of the Legal Practice Act 28 of 2014, and
  2. An administration fee of up to 1% may be levied.
PROTECTION OF PERSONAL INFORMATION
1. I Hereby acknowledge that my personal and in certain instance my special personal information are required by BROOKES ATTORNEYS INC in order to process the transaction/matter in which BROOKES ATTORNEYS INC has been mandated and I agree to provide such information requested from BROOKES ATTORNEYS INC, on the express understanding that:
  1. This constitutes my consent, as required under Section 11(1)(a) of the Protection of Personal Information Act 4 of 2013 (“POPIA”).
  2. The BROOKES ATTORNEYS INC professional support secretarial and support services staff and the finance department of the firm will access my information which has been furnished to them for the purposes of the transaction in which I am involved and matters ancillary thereto.
  3. BROOKES ATTORNEYS INC is authorised to release my personal information to the South African Revenue Services, the bond cancellation and bond registration attorneys, the financial institution investing our funds, the estate agent and agency involved in this transaction, as well as the relevant municipal authority, Deeds Office, the Courts, the Financial Intelligence Centre if necessary, the Courts, appointed Advocates, Managing Agents, Body Corporates and other third parties involved in my transaction/matter solely for the purposes of the transaction/matter.
  4. BROOKES ATTORNEYS INC does not intend sharing my personal information for financial gain;
  5. I acknowledge that my contact details are automatically added to the firm’s database. We/I are aware that I am entitled to OPT OUT/UNSUBSCRIBE from any marketing emails sent by the firm by exercising the OPT OUT/UNSUBCRIBE options available on the email or by contacting the Information Officer of BROOKES ATTORNEYS INC with a request to remove my details from the emailer list.
  6. BROOKES ATTORNEYS INC will in addition to its POPIA compliance store my details, as provided for and specified by the Legal Practice Council from time to time.
  7. BROOKES ATTORNEYS INC, as firm of attorneys has the privilege of confidentiality under the law pertaining to its clients.
2. By virtue of my signature hereunder, I confirm that:
  1. I have had an opportunity to review the POPIA Policies and rules of BROOKES ATTORNEYS INC;
  2. I have had an opportunity to ask questions regarding my information handling, why it is collected, how it is processed, where it is stored and with whom it will be shared.
ACCEPTANCE OF TERMS AND CONDITIONS
1. I agree to be bound by the terms and conditions reflected overleaf, and I confirm that I have read and understood them.
2. I verify and confirm that all information herein is true and correct and that I have the authority to sign this document.