TERMS AND CONDITIONS


INSTRUCTIONS

The instructions furnished to Joubert Galpin & Searle Inc will be recorded in writing and will be forwarded to you for your records.

If we have not recorded your instructions accurately, will you please notify us immediately.


RESPONSIBLE PROFESSIONAL

The work will be performed under the supervision of a director responsible for the management of the division performing the work. The name of your service provider and the responsible Director will be communicated to you when you instruct Joubert Galpin & Searle Inc to act on your behalf.

During the course of your relationship with Joubert Galpin & Searle Inc, it is possible that you will engage the services of other divisions or professionals at Joubert Galpin & Searle Inc.

In such event:

  • The terms of engagement will equally apply to the services to be provided by such further individuals or division.
  • The fees to be charged by such individuals or divisions will be either:
  •  The fee negotiated and agreed with such individual or division.
  • In the absence of agreement, the customary fee raised in relation to the service provided.

FEE RATES

The fees charged in respect of matters handled on your behalf will vary from matter to matter and will be determined by the nature and complexity, and the degree of risk involved.

Fees will be raised based on hourly rates that will be discussed with you in advance, and communicated to you.

We will however, endeavour to account to you regularly to keep you abreast of costs incurred by you in relation to matters handled on your behalf. In order to achieve this our accounts are issued at regular intervals and are accompanied by a summary of the work carried out up to the date of the invoice.

Joubert Galpin & Searle Inc reviews it charge-out rates annually on the 1 March and reserves the right to adjust the hourly fee rates of its professionals in sympathy with fluctuations in the market, and in particular the inflation rate.

If your matter is of a litigious nature, you will have an exposure to a portion of the legal costs incurred by the other party, if a court finds against you or considers such an order just under certain circumstances. The costs will be evaluated by the court. Likewise, if the court finds in your favour, you may be able to recover a portion of your costs from the other side.

BILLING ARRANGEMENTS

The basis upon which the charges of Joubert Galpin & Searle Inc are raised, are as follows:

FEES

We raise our fees on a time based system, related to time and effort. The rate at which we bill will vary depending on:

  • The complexity and urgency of the matter;
  • The degree of risk;
  • The seniority and experience of the professional dealing with your matter; and
  • Where and when the work is performed for you.

In litigation matters, and unless agreed to the contrary, our fees will be based on the higher of the appropriate Court Tariff, or the hourly rate agreed with the responsible professional.

Depending on the nature of the work, alternative fee structures may be agreed.
 

DISBURSEMENTS

Our fee charges do not include the cost of telephone calls, facsimile transmission charges, photocopies, electronic data searches on external databases, couriers, and any other expenses such as Advocate's fees, Sheriff's fees, correspondents' fees or Court fees and the like.

These are known as disbursements and are billed as separate items on your accounts.

 

INTEREST

Accounts will be issued at regular intervals.

Our accounts are payable upon presentation.

Should payment of our accounts not be received within 30 days from invoice / statement date, interest will be charged at a rate of 1,75% per month and shall be calculated monthly in arrears and compounded.

 

VAT
 All fee charges are quoted exclusive of VAT.

The appropriate tax invoices will be supplied.

 

ACCOUNT QUERIES

If you have any queries in relation to any of our accounts, please direct such enquiries to the Professional handling your matter, or to our accounts department. 

You may ask for an itemised bill of costs to be prepared and presented for taxation.

If the outcome of any taxation requested by you is that the amount payable is higher than that reflected in the submitted account, JGS reserve the right to recover the taxed amount. If taxation is not requested within sixty days of submission of the account, we will accept that you do not require taxation.

 

PAYMENT

For security reasons, we prefer our accounts to be paid by cheque or by way of an inter-bank credit transfer.

If you pay in cash, please insist on a receipt against effecting payment to avoid any possible misunderstanding.

If you pay by way of an inter-bank credit transfer, please fax a copy of the deposit slip to us to assist us in identifying the payment.

 

INTELLECTUAL PROPERTY

To the extent that the services provided by Joubert Galpin & Searle Inc results in the creation of intellectual property, and unless agreed otherwise, such intellectual property shall remain with Joubert Galpin & Searle Inc and are made available to the client for use by the client in relation to the purpose for which it was acquired.

All proprietary and moral rights in relation to the intellectual property shall remain with Joubert Galpin & Searle Inc.

 

FINANCIAL INTELLIGENCE CENTRE ACT 38 OF 2001 (FICA)

Joubert Galpin & Searle Inc is an accountable institution in terms of FICA and is obliged to perform certain obligations in terms thereof.

This requires that we obtain certain prescribed information from you in order to establish and verify your identity before we are able to act on your behalf and establish an attorney/client relationship.

Although under most circumstances information disclosed to us will be protected by attorney and client privilege, we are required by law to report any unusual or suspicious transactions as well as cash transactions that exceed a prescribed limit to the relevant authorities, without prior reference to you, and without your knowledge or approval.

Joubert Galpin & Searle Inc is also under a duty to keep records of the business relationship with its clients and must provide law enforcement officers, under order of court with access to such information.

 

LIMITATION OF LIABILITY

In order to protect and secure the interests of our clients, Joubert Galpin & Searle Inc has effected professional indemnity insurance cover which seeks to indemnify clients of Joubert Galpin & Searle Inc against negligence on the part of Joubert Galpin & Searle Inc in discharging its mandate.

The extent of our liability in respect of claims arising out of the provision of professional services shall be limited to the amount recoverable by our client in terms of our professional indemnity insurance cover.

Details of our insurers and the extent and nature of our indemnity insurance will be made available on request.

 

INVESTMENTS

If we are asked to hold funds on your behalf in our trust account, we may do so in:

  • A non-interest bearing attorney's trust account; or
  • An interest bearing investment account if specifically instructed by you to do so.

We ask that you indicate your preference when entrusting funds to us. In the absence of any specific instruction we will retain your funds in a non-interest bearing trust account.

Should you require us to invest the funds on trust in an interest bearing account, we are obliged in terms of Law Society Rules to obtain a signed investment authority from you. The investment authority will be made available to you upon request.

 

ARRANGING CONSULTATIONS

Our office hours are from 08h30 to 16h30.

Our Professional staff will arrange to meet with you at your office if more convenient, and will also consult with you outside these hours, at short notice, if necessary.

 

QUALITY OF SERVICE

Our support staff and Professionals are trained and committed to provide you with the quality of service you would expect from your Legal Advisers.

Our support staff will deal with your queries when the Professional whom you are consulting is available.

If required, when the Professional whom you are dealing with is not available, our support staff will arrange for another Professional to assist, or for contact with the Professional with whom you are dealing, out of normal office hours.

 

QUALITY OF SUPPORT

We are placing emphasis on the ongoing training of all our Professionals and support staff to ensure their competency and to improve their expertise.

Our comprehensive Library, Precedents, and Up-to-date Office Technology enable us to give you an effective and efficient service, and the information necessary to deal with your queries.

If we do not meet your expectations, will you please inform us.

 

YOUR ROLE IN ACHIEVING THE DESIRED RESULT

We wish to give you value for your legal advice.

In order to achieve this we need all the help and co-operation which you can offer.

Some of the ways in which you can help obtain a cost-effective result are the following:

  • Prepare carefully for meetings or telephone calls where the matter will be discussed.
  • Ensure that you have all the necessary documents available in advance of the meeting - a short written note of the points you wish to discuss can be helpful.
  • Give us all the facts we need at the outset. Progress will be slow if we have to piece information together from different sources.
  • Identify your commercial goals and objectives before consulting with us and make sure you have informed us exactly what it is that you expect.
  • Ask for cost estimates where appropriate.
  • We do not mind working when other businesses are closed but this will obviously increase your costs. To avoid this, plan ahead and give us enough warning of your requirements.
  • Choose the most effective way of talking to us. When you want to discuss a number of different points, a meeting may well prove to be the most efficient use of your and our time.
  • Check whether any of the work needed is capable of being done within you own organisation.
  • Read letters carefully and reply to them as soon as possible.

If other Professionals or Advisers are involved, insist that they act promptly and efficiently in order to meet your deadlines.

 

COMPLAINTS

If you are unhappy with our services, please tell us immediately.

If the problem is not resolved to your satisfaction, will you please contact any of our Directors or our Administration Manager at +27 41 396 9200 who are committed to investigating and resolving the complaint.


FICA COMPLIANCE

In terms of the Finance Intelligence Centre Act (38 of 2001) Joubert Galpin Searle is compelled to register as an Accountable Institution and is bound by this legislation to ensure that all clients are verified in terms of the FIC Act.

All required document must be submitted to our offices, prior to any instructions being carried out on your file.

Our FICA Officer is Natasha Lodewyks and can be contacted on +27 41 396 9200 if you have any questions.