POWER OF ATTORNEY AND PROFESSIONAL SERVICES AGREEMENT- LITIGATION MATTERS
This Legal Services Contract (this "Agreement"), is entered into by and between Chris Coetzee Inc (hereinafter referred to as the "Firm"), and {name} (hereinafter referred to as "Client")';
WHEREAS, Client is in need of services of a Legal Professional;
WHEREAS, the Firm provides legal assistance to persons in need of legal services;
NOW, THEREFORE, for and in consideration of the foregoing premises, Client and the Firm hereby agree as follows;
Scope of Agreement:
This Agreement shall provide the Firm representation for the Client in the plea and trial of the case only as specified to the matter in the form until the resolution of the case unless otherwise, Client decides to terminate this agreement by which client shall notify the Firm promptly.
INSTRUCTION:
1. The client hereby instructs and appoints the attorney with power of substitution to be his lawful attorney in in respect of the matter or dispute, to do any or all of the following:
1.1. To act as attorney and agent on client’s behalf in respect of the following specific matter(s) / dispute(s) as well as all subsequent matters until reviewed:
1.2. To issue legal proceedings, act on client’s behalf in Court and/or appoint Counsel.
1.3. To engage with any party and to issue any other legal proceedings necessary in respect of or relating to the matter.
1.4. To in general act as the client’s attorney and agent in respect of the said matters and any related matter, to appoint counsel and to negotiate and settle any matter related thereto on my behalf;
1.5. To appear and represent the client in any court and before all judicial or other officers as the attorney considers advisable; and
1.6. To make demand payment of and/or lodge a claim, institute action or other proceedings in the client’s name and to commence and conduct any action or other proceedings in any court or tribunal in respect of such claim of the client, to prosecute, discontinue, compromise, terminate or abandon such action or proceedings as the attorney sees fit; and
1.7. To note, prosecute, withdraw or abandon any appeal which may be allowed by law against any judgment or order made in the client’s favour in any such action or proceedings and to defend any appeal against any such judgment or order made in the client’s favour; and
1.8. To sign all documents necessary in connection with any such action or proceedings; and
1.9. To employ and pay correspondent attorneys, medical and other experts and counsel to conduct any such action or proceedings, in the attorneys sole discretion; and
1.10. To settle third party obligations from the proceeds of the claim; and
1.11. To take such other lawful ways and means in order to prosecute the claim; and
1.12. Generally for effecting the aforesaid purposes, to do all and cause all to be done which may be necessary in his sole discretion as an attorney as fully and effectually for all intents and purposes as the client might or could do so personally;
1.13. The client hereby ratifies and agrees to ratify all actions taken by the attorney.
FEES AND COSTS
2. The client agrees to pay the legal costs and expenses of STROH COETZEE INC (“SC”) as follows:
2.1. Any reasonable deposit to proceed or further proceed with the matter or to cover future expenses or costs of correspondents and/or counsel as required by SC on demand.
2.2. The costs of the legal proceedings at a scale:
2.2.1. as between attorney and own client which shall be double the normal party and party scale set out in the Court Rules*,or
2.2.2. at an hourly rate* of:
2.2.2.1. R2500-00 to R3000-00 per hour plus VAT for a senior attorney,
2.2.2.2. R1500-00 to R2500-00 per hour plus VAT for a junior attorney,
2.2.2.3. R750-00 to R1500-00 per hour plus VAT for a candidate attorney/paralegal,
2.3. Any account or invoice shall be paid in full within 30 days from the issue of such account or invoice.
2.4. The client shall pay a deposit of R5000.00 before the commencing with the instruction and thereafter a reasonable deposit as may be requested as security for the mandate to be completed.
2.5. The estimated costs shall depend on the extent and duration of the matter. SC estimates the total costs to be in the region of R__________________ if undefended, unopposed, settled or terminated early, and R__________________ an opposed matter. The costs exclude the costs for interlocutory and related applications and actions, appeals and reviews.
4 In the event that the Client is a company or Close Corporation then the person signing this agreement accepts personal liability, as surety for and co–principal debtor with such entity, for all obligations of such entity towards the attorney.
PRE-MATURE TERMINATION and SETTLEMENT
5 Without limiting any lien of the attorney in terms of the common law, the client agrees that, all fees and disbursements in accordance with the applicable fee agreement shall immediately become due and payable to the Attorney upon termination of the mandate of the attorney and/or this agreement and/or the fee agreement by any party. The attorney shall be entitled to retain the client’s entire file content and no other party may represent the client in respect of the client’s claim, proceed with litigation or settlement, or have access to any papers relating to the matter until the attorney’s fees and disbursements are paid in full to the Attorney.
DOMICILIUM
6 The Client hereby chooses as its domicilium citandi et executandi (“domicilium”) the address indicated on the first page of this document where all notices and processes can be served.
REPEAT INSTRUCTION FROM A CONTINUED BUSINESS RELATIONSHIP
7 In event of repeat instructions from a continued business relationship between the attorney and client the terms and conditions of such instruction shall be the same as set out herein.