The Personal Injury Fee Agreement is a crucial document used in South African legal practice when a client engages an attorney to pursue a personal injury claim. This agreement becomes necessary when an individual has suffered injury due to another party's negligence and seeks legal representation on a contingency fee basis. It complies with the Contingency Fees Act 66 of 1997 and other relevant South African legislation, providing a clear framework for the attorney-client relationship. The document typically includes detailed fee calculations, success fee caps, disbursement handling, and client protection provisions. It's particularly relevant for road accident claims, workplace injuries, and general personal injury matters, ensuring transparency and legal compliance while protecting both the attorney's and client's interests.
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1. Parties: Identification of the attorney/law firm and the client, including full contact details and registration/identity numbers
2. Background: Brief description of the client's personal injury matter and the context for entering into the fee agreement
3. Definitions: Clear definitions of key terms used in the agreement, including 'success', 'contingency fee', and 'disbursements'
4. Scope of Services: Detailed description of legal services to be provided in pursuing the personal injury claim
5. Fee Structure: Explanation of the contingency fee arrangement, including percentage rates and compliance with statutory caps
6. Payment Terms: Conditions for payment, timing, and method of fee calculation upon successful conclusion
7. Disbursements: Treatment of case-related expenses and how they will be handled
8. Client's Rights and Obligations: Client's responsibilities and rights under the agreement, including right to terminate
9. Attorney's Rights and Obligations: Attorney's commitments, professional duties, and rights under the agreement
10. Termination: Circumstances under which the agreement can be terminated and the consequences
11. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments
1. Multiple Party Provisions: Required when multiple clients are involved in the same matter, explaining fee sharing and decision-making
2. RAF Specific Terms: Included for Road Accident Fund cases, detailing specific procedures and requirements
3. Medical Lien Provisions: Used when medical providers have liens against the potential settlement
4. Referral Arrangements: Required when the case involves referral from or to another attorney
5. Expert Witness Provisions: Detailed terms for cases requiring extensive expert testimony
6. Settlement Authority: Special provisions regarding settlement decision-making authority
7. Appeal Provisions: Terms governing fees and representation in case of appeals
1. Schedule A - Fee Calculation Examples: Practical examples showing how fees will be calculated in different scenarios
2. Schedule B - Disbursements Schedule: Detailed list of anticipated disbursements and their estimated costs
3. Schedule C - Client Authority Form: Standard form for client authorizations and instructions
4. Schedule D - Professional Credentials: Attorney's relevant experience and qualifications in personal injury matters
5. Appendix 1 - Contingency Fees Act Extract: Relevant sections of the Contingency Fees Act for client reference
6. Appendix 2 - Client's Rights: Detailed explanation of client's rights under South African law
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