Terms of Service – Warner Attorneys

Effective Date: Thursday, 25 November 2025

Definitions
1. “Firm”, “we”, “us”, and “our” refer to Warner Attorneys. “Client”, “you”, and “your” refer to the person or entity engaging our legal services.
2. These Terms of Service (“Terms”) govern the provision of legal services where no signed Client Mandate and Fee Agreement (“Mandate”) can be produced, or where the Mandate is silent on an issue.
Acceptance of Terms
1. You accept these Terms by giving instructions, signing a Mandate, electronically confirming acceptance, or otherwise engaging the Firm.
2. Where a signed Mandate exists, that Mandate prevails over these Terms. Where the Mandate is silent, these Terms apply. Where no Mandate can be produced, these Terms alone apply.
3. Electronic acceptance is binding and treated the same as a handwritten signature.
Scope of Services
1. We provide professional legal services as reasonably required for your matter.
2. We may appoint correspondents, advocates, experts, or other professionals where necessary.
3. You must provide timely instructions and accurate information.
Fees and Billing
1. Hourly Rate: Professional work is charged at the hourly rate agreed between you and the Firm.
2. Billing Increments: Time is billed in increments of 15 minutes or part thereof.
3. Annual Increase: The hourly rate increases automatically by 10% each year on the anniversary of the Mandate, unless agreed otherwise in writing.
4. Initial Deposit: A deposit is payable before work begins and fees/disbursements are debited against it.
5. Additional Deposits: We may request further deposits at any time.
6. Basis of Fees: Fees and disbursements are charged on a time-and-cost basis and not according to court tariffs.
7. VAT: The Firm is not a VAT vendor. Third-party providers (such as advocates) may charge VAT and such VAT is payable by you.
Disbursements and Expenses
1. You are responsible for all disbursements incurred on your behalf, payable on demand.
2. Disbursements include (but are not limited to) advocate fees, sheriff fees, correspondent fees, expert charges, court fees, courier fees, translations, valuations, and other third-party charges.
3. Travelling: Charged at R4.40 per kilometre, in addition to hourly fees. This rate does not escalate annually. If the statutory tariff changes, the new tariff applies automatically.
4. Printing/Photocopying: Charged at R6.00 per page, in addition to hourly fees. This rate does not escalate annually. If the statutory tariff changes, the new tariff applies automatically.
5. All other disbursements are charged at actual cost.
Understanding of Legal Costs
1. Party-and-party costs: Determined by court tariffs and generally lower than attorney-and-client costs.
2. Attorney-and-client costs: Payable by the Client and sometimes partially recoverable, depending on court orders.
3. Attorney-and-own-client costs: Payable to the Firm irrespective of the litigation outcome.
4. No guarantee is made that any costs will be recoverable from an opposing party.
Accounts and Payment
1. We may issue interim accounts at any time and such accounts are payable when presented.
2. Interim accounts include brief descriptions of the work performed and disbursements incurred. Supporting documents for disbursements can be provided upon request.
3. If a detailed account exceeds an interim account, you will be liable for the higher amount and for the cost of preparing the detailed account.
4. You must raise any objection to an account in writing within 30 days. If no objection is raised within 30 days, the account is deemed accepted as fair and reasonable.
5. Interest: Interest accrues on overdue accounts at the prescribed mora rate applicable from time to time (currently {hybrid_rate}%).
6. Unless otherwise stated, payment is due within 7 days of receiving an account.
Withdrawal by the Firm
1. We may withdraw from acting for you for good reason, including non-payment, loss of trust, conflict of interest, lack of instructions, or conduct that makes continued representation unreasonable.
2. We may retain your documents and file until all outstanding fees and disbursements are settled.
3. We will give reasonable notice of withdrawal where circumstances permit.
Withdrawal by the Client
1. You may terminate our mandate at any time by written notice.
2. A 7-day cooling-off period applies where minimal work has been done.
3. You remain responsible for all work performed and disbursements incurred up to the date of termination.
4. We may retain documents until outstanding fees are paid; copies may be provided on payment of reasonable copying costs.
Monies Received and Trust Account
1. We may receive funds on your behalf, including settlements or awards.
2. We may deduct fees and disbursements before paying the balance to you.
3. All funds are handled strictly in accordance with the Legal Practice Act and LPC rules.
4. Interest on trust funds is administered in accordance with applicable legislation.
Communication and Reporting
1. We will provide reasonable progress reports as appropriate for your matter.
2. The frequency of reports depends on the nature, urgency, and complexity of your case.
3. You must provide timely instructions and relevant documentation.
4. You consent to communication by email, telephone, post, electronic message, or in-person meeting.
Domicilium Citandi et Executandi
1. You must nominate a physical address (not a PO Box) as your domicilium.
2. Changes to domicilium must be made in writing within 7 days.
3. Notices are deemed received when delivered by hand, 7 days after registered post, or 24 hours after email transmission.
Authority and Warranties
1. The person giving instructions warrants that they have authority to bind the Client.
2. Corporate clients warrant that all necessary resolutions have been passed.
Amendments and Variations
1. These Terms may only be amended in writing and signed by both parties.
2. No oral variations or representations are binding.
Confidentiality and Privilege
1. All communications are confidential and protected by attorney-client privilege.
2. We may disclose information to third parties (e.g., advocates or experts) where necessary for your matter.
3. Confidentiality is subject to legal reporting obligations.
Limitation of Liability
1. The Firm maintains professional indemnity insurance as required by the LPC.
2. No guarantees are made regarding the outcome of any matter.
3. The Firm is not liable for the acts or omissions of third-party service providers.
Entire Agreement and Hierarchy
1. These Terms and any signed Mandate form the full agreement between the parties.
2. If there is a conflict between these Terms and a signed Mandate, the Mandate prevails.
3. If no signed Mandate can be produced, these Terms alone apply.
4. All prior instructions are ratified and confirmed.
Governing Law and Jurisdiction
1. These Terms are governed by South African law.
2. You consent to the jurisdiction of the South African courts.
3. Fee disputes may be referred to the Legal Practice Council.
Professional Obligations
1. We are regulated by the Legal Practice Council.
2. All services comply with applicable professional and ethical rules.
3. Complaints may be referred to the LPC.
General Provisions
1. If any clause is invalid, the rest of the Terms remain enforceable.
2. No delay or failure to enforce rights constitutes a waiver.
3. You may not assign your rights without written consent.
4. These Terms bind the parties and their lawful successors.
Acceptance of Terms
1. By engaging the Firm, signing a Mandate, or confirming electronically, you accept these Terms.
2. The Firm’s rates, including disbursement rates and interest charges, apply as described above. The prescribed mora rate applies from time to time, and is currently {hybrid_rate}%.
3. Electronic acceptance is binding without requiring a handwritten signature.