FEE MANDATE AGREEMENT
By agreeing to the terms herein below, I/we do hereby appoint GITTINS ATTORNEYS INCORPORATED with such power of substitution to be my/our attorney(s) and agent(s) to act in respect of all matters that I may so instruct them. Additionally, they are authorized to take any necessary actions, engage legal counsel, and perform any required tasks to achieve the aforementioned purposes, with the same authority as if I/we were personally present. I/We confirm and ratify all lawful actions undertaken by our appointed attorney(s) and agent(s) under this power of attorney.
I/we acknowledge and accept that:
1. I/We shall pay the fees of Gittins Attorneys Inc. as follows:
• Senior Director/s @ R2 500.00 per hour (exclusive of VAT);
• Junior Director/s @ R2 000.00 per hour (exclusive of VAT);
• Senior Associate/s @ R1 750.00 per hour (exclusive of VAT);
• Associate/s @ R1 500,00 per hour (exclusive of VAT);
• Candidate Attorney/s @R1 000,00 per hour (exclusive of VAT);
2. Monthly invoices and statements in respect of an attorney's fees and disbursements shall be delivered to me/us on a monthly basis on or about the first day of each month;
3. That I/we shall be liable upon demand by our attorney(s) and agent(s) to pay a
deposit/further deposit/s in respect of attorneys'; fees and disbursements;
4. That all accounts shall be payable upon receipt thereof;
5. The fees as set out herein above are charged in increments of 6 minutes;
6. That in the event of any account not being paid within thirty (30) days after dispatch, interest at 2% per month, compounded monthly, shall be charged from the completion of the thirty (30) day period to the date of payment;
7. That notwithstanding the tariffs as prescribed by the Rules of the High Court and of the Magistrate’s Court, we shall be liable for payment of the attorneys'; fees at the rate set out in paragraph 4 above;
8. That in the event of an order of costs being granted in my/our favour, my/our attorney(s) and agent(s) shall proceed in order to recover such costs. I/We understand that we shall in any event remain liable for payment of the account regardless of the success or lack thereof in recovering such costs;
9. I/We have been advised that if I/We are successful in the matter and are awarded costs on the; "party and party"; scale, I/We will still be indebted to our attorney in respect of attorney and client costs that are over and above the costs I/We are able to recover from any other party on the party and party scale;
10. My/our attorney(s) and agent(s) shall be entitled not to proceed with the mandate until any
the interim account is settled in full;
11. Any disputes arising from or in connection with this Fee Agreement and which dispute cannot be resolved by me/us and my/our attorneys shall be finally resolved by my/our referral of the dispute to the Legal Practice Council;
12. I/We shall refer all disputes and difficulties between me arising out of or in connection with the mandate given to the attorney or a dispute arising from an ethical issue, to be resolved by an arbitrator appointed by the Legal Practice Council or such other agreed arbitrator in accordance with the procedure adopted by the arbitrator.
13. The fees and disbursements of the arbitrator shall be paid by me/us at the rates specified by the arbitrator; and
14. In the event I/We are successful in the arbitration, I/We, the client, shall be entitled to the costs of the arbitration.
15. This mandate is in addition to and supplements the General Terms and Conditions of Gittins Attorneys Incorporated. By signing this Agreement, I/We acknowledge and agree that this mandate is subject to the General Terms and Conditions.