5 Questions to Ask Before Hiring an Attorney

The right questions in your first meeting protect you from surprise bills, unqualified advice and missed deadlines. Ask these five before you sign anything.

1. Are you registered, and do you hold a Fidelity Fund certificate?

Only admitted and registered legal practitioners may practise as attorneys in South Africa. Ask for the attorney’s registration details and confirm them with the Legal Practice Council (LPC) at lpc.org.za. Attorneys who handle client money should hold a Fidelity Fund certificate, which helps protect clients if trust money is stolen. If someone is vague about either, move on.

2. Have you handled matters like mine, and who will do the work?

Law is broad. A good conveyancer is not automatically the right person for a divorce or an RAF claim. Ask how many similar matters the firm has handled and whether you will deal with the attorney you meet or with a candidate attorney or paralegal. Both can be fine, as long as you know who is responsible for your file.

3. How will you charge me, and what will the total probably be?

This is the question that saves the most money. Ask for a written fee estimate and make sure you understand the model:

• Hourly rate. You pay for time spent. Ask for an estimate of hours and how often you will be billed.
• Fixed fee. Common for simple matters such as an uncontested divorce or a transfer. Ask what is included and what costs extra.
• Contingency fee. Sometimes used in claims such as RAF matters. It must be in writing, and the success fee is capped by law. Ask how out-of-pocket costs are handled if you lose.

Also ask about disbursements, the costs paid to third parties such as court fees, sheriffs, experts and medical reports. These are usually charged on top of fees.

4. What are the realistic outcomes and how long will it take?

A responsible attorney explains the likely range of outcomes, the risks and the usual timeline, and does not guarantee a result. Be wary of anyone who promises you will win, or promises a payout figure, before they have seen your documents.

5. How will we communicate, and what happens if I am unhappy?

Ask who your day-to-day contact is, how quickly they reply, and how often you will get updates. Ask how client money is handled: funds held for you should sit in the firm’s trust account, and you should receive a clear account of what was received and paid out. If something goes wrong, you can complain to the LPC.

Red flags

• Pressure to sign on the spot, or an approach at a hospital or accident scene
• No written fee agreement, or one you are not allowed to take home
• Guaranteed outcomes
• Requests to pay into a personal account
• No clear answer on who is handling your matter

Before you decide

Speaking to two or three attorneys costs little and shows you what a fair price and a clear explanation look like. Compare firms by practice area and city on Find My Lawyer, then check each firm’s registration yourself before you instruct them.

Find My Lawyer does not recommend or endorse listed lawyers. This article is general information, not legal advice.