Contingency Fee Retainer Agreement Template for South Africa

The Contingency Fee Retainer Agreement is essential in South African legal practice where clients seek legal representation but cannot afford traditional fee arrangements. This document is specifically designed to comply with the Contingency Fees Act 66 of 1997 and related legislation, providing a framework for 'no win, no fee' arrangements while protecting both client and attorney interests. It is commonly used in personal injury claims, civil litigation, and other matters where success-based fee structures are appropriate. The agreement must include specific statutory provisions, success fee caps, and clear definitions of successful outcomes. It serves as a crucial tool in promoting access to justice while ensuring fair compensation for legal services rendered.

1. Parties: Identification of the attorney/law firm and the client, including full legal names and contact details

2. Background: Context of the agreement, including the nature of the legal matter and why a contingency fee arrangement is being entered into

3. Definitions: Key terms used in the agreement, including 'success', 'contingency fee', and 'disbursements'

4. Scope of Services: Detailed description of legal services to be provided and the specific matter being handled

5. Success Fee Structure: Details of the contingency fee calculation, including percentages and compliance with the statutory caps under the Contingency Fees Act

6. No Win, No Fee Provisions: Clarification that no fees will be charged if the matter is unsuccessful, except for disbursements if agreed

7. Disbursements: Treatment of case-related expenses and how they will be handled

8. Client's Rights and Obligations: Client's responsibilities, including providing information and cooperation

9. Attorney's Rights and Obligations: Attorney's duties, professional obligations, and standard of service

10. Termination: Circumstances under which either party may terminate the agreement and the consequences

11. Professional Indemnity: Confirmation of professional insurance coverage

12. General Provisions: Standard clauses including governing law, entire agreement, and amendments