/ 1 May 1998

Dramatic hike in advocates’ fees

Tangeni Amupadhi

Legal assistance from advocates has become far too expensive for most South Africans.

The Society of Advocates has set fees of up to R1 080 an hour and as much as R10 800 a day.

The Johannesburg Bar Council approved the new fee guidelines last week.

The R540 to R1 080 hourly rates are parameters set for senior counsel for drawing up pleadings, drafting affidavits, giving advice on evidence and appearing in court.

Junior counsel can charge between R220 and R700 an hour and R1 800 and R7 000 a day. Advocates may, however, charge lower fees than the guidelines.

A consultant on advocates’ fees, who did not want to be named, said: “The main thing with advocates is they don’t have tariffs set down for them. Obviously they charge what they think the market can bear. For somebody to earn R1 000 an hour for consultation is pretty high.”

The chair of the Johannesburg Bar Council, Gerald Farber, SC, said the increase was justified because the previous adjustment was three years ago. He also said the decision was unanimously adopted.

“[The hike] simply accommodates inflation and reflects the fees which advocates are charging at the moment,” said Farber.

Until now, senior advocates could charge between R540 and R900 an hour, while their juniors were permitted to charge up to two- thirds the figures asked by senior counsel. Daily parameters were up to R9 000 for seniors and R6 000 for juniors.

A representative from the Wits Law Clinic said while advocate fees depended on the kind of work being done, the latest figures “sound alarming”.

The amounts recommended for senior advocates are the same for supreme and magistrate’s courts, and for civil and criminal cases.