Working With an Attorney·7 min read

How attorney fees and disbursements work — a plain-English guide

Legal costs feel mysterious because nobody explains them until the bill arrives. Here is how they actually work — consultation fees, hourly rates, counsel's fees, disbursements, and "no win, no fee" — so that when we discuss fees at your first consultation, nothing comes as a surprise.

At this firm, fees are discussed openly at the first consultation, before any work begins, and no work starts until you have read and signed a written mandate setting out what will be done and how it will be charged. That conversation is easier — for both of us — when you already understand the building blocks of a legal bill. This guide explains each of them in plain English. It deliberately quotes no amounts: rates depend on the nature of the matter, and you will be given actual figures, in writing, before you commit to anything.

The consultation fee

The first consultation is charged as professional time: you are paying for the attorney's full attention on your facts, an assessment of whether there appears to be a matter to pursue, and a plain explanation of your options. You will be told what the consultation costs when you book, so there is no ambiguity when you arrive. If you decide not to proceed after the consultation, nothing further is owed.

Hourly rates — how time-based billing works

Much attorney work is charged on time: consultations, drafting, perusing documents, telephone calls, correspondence, and court attendances are recorded and billed at an hourly rate, usually in short units of time. Two things follow from this that clients should know.

First, small interactions add up — a call here, an email there — which is why time-based accounts are itemised, so you can see what was done and when. Second, you can genuinely reduce your own costs: arriving with your documents organised, giving instructions in one considered email rather than five, and keeping a written timeline of events all reduce the time your matter needs.

Not everything must be hourly. For defined pieces of work — a standard contract, an uncontested application — a fixed fee may be agreed instead, so you know the total in advance. Which approach fits your matter is discussed at the first consultation.

Travel and time out of the office

Some matters require the attorney to leave the office — to a hospital to secure records, to court, to a consultation that must happen where a witness works. That time is professional time and is generally charged, along with a per-kilometre travel rate. We flag travel before it is incurred: if a step in your matter will involve significant travel, you will know about it, and its cost, beforehand.

Counsel's fees — when an advocate is briefed

In South Africa, attorneys and advocates do different work. Your attorney runs the matter: takes your instructions, gathers the evidence, manages the file. For specialised opinions and for trial work, the attorney may brief an advocate (also called counsel) — a courtroom and opinion specialist. Counsel charges their own fees, which are paid through your attorney and appear on your bill as a separate item.

Briefing counsel is not a hidden extra; it is a deliberate decision taken with you. This firm briefs counsel regularly, and when we recommend it, we explain why the matter needs it, who we propose to brief, and what it is expected to cost, before the brief goes out.

Disbursements — money paid out on your behalf

Disbursements are not fees at all. They are amounts the firm pays to third parties to move your matter forward, and they are passed on to you at cost. Common examples include:

• Medico-legal reports — in injury and medical negligence matters, independent specialists (orthopaedic surgeons, occupational therapists, industrial psychologists and others) must assess you and produce reports. These expert fees are often the largest disbursement in an injury claim.
• Sheriff's fees — court documents generally must be formally delivered ("served") by the sheriff of the court, who charges a fee for each service.
• Court and filing fees — costs associated with issuing and filing court documents.
• Records and searches — hospital records, accident reports, company and deeds office searches, and similar.

Disbursements are itemised on your account so you can see exactly what was paid, to whom, and for what. Significant disbursements — an expert report, for instance — are discussed with you before they are incurred.

Contingency — "no win, no fee" — and when it applies

A contingency arrangement means the firm's fee depends on the outcome: if the claim does not succeed, the fee is not charged. These arrangements are governed by the Contingency Fees Act, which generally requires a written agreement in a prescribed form and caps what may be charged if the claim succeeds — so "no win, no fee" is a regulated arrangement, not a marketing slogan.

Contingency arrangements are typically suited to claims for money — Road Accident Fund claims and certain other injury matters are the common examples — and are generally not available for work such as divorces, criminal defence, or drafting contracts. Two things are worth understanding before signing one. First, "no fee" refers to the attorney's fee; depending on the agreement, disbursements such as expert reports may be handled differently, and your agreement will say so explicitly. Second, if the claim succeeds, the fee is calculated according to the Act's limits and the agreement you signed — you will be shown that calculation, not just a deduction.

Whether a contingency arrangement is available and appropriate for your matter is assessed at the first consultation, and if it is, the agreement is explained to you clause by clause before you sign.

Where it all comes together: the written mandate

Every principle in this guide lands in one document — the written mandate you sign before work begins. It records what the firm will do, how it will be charged (hourly, fixed, or contingency), the rates that apply, and how disbursements will be handled. If anything material changes along the way, the mandate is updated in writing. That reflects how this firm works on every file: you always know where your matter stands, what happens next, and what it costs.

Tapfumaneyi Lewis Inc. Attorneys practises in medical negligence, Road Accident Fund, unlawful arrest and commercial matters from Bedfordview, serving clients across the Johannesburg Metropolitan area. Contact the firm on +27 10 141 1452 or hello@tlattorneys.co.za to arrange a consultation.

This article is general information, not legal advice for a specific matter. Every matter depends on its own facts. For advice on your situation, please arrange a consultation.