WELMAN ATTORNEYS INC. STANDARD TERMS AND CONDITIONS FOR LEGAL SERVICES EFFECTIVE 1 NOVEMBER 2025.

1. Introduction and definitions

These are the standard terms and conditions governing the provision of legal services by Welman Attorneys Inc. to the client.
Client means the person or entity instructing Welman Attorneys Inc.
Attorney means Welman Attorneys Inc. and any of its partners, directors, employees, or agents acting for Welman Attorneys Inc.
Words denoting one gender include the other genders. Headings are for convenience and do not affect interpretation.

The client chooses the email address or cell phone number provided to the attorney, as the domicilium citandi et executandi for all notices, correspondence, pleadings and other communications relating to these terms and conditions.
Notices sent to the chosen domicilium by email or cell phone number are effective on dispatch. The client must notify Welman Attorneys Inc. in writing of any change to the selected domicilium.

Engagement: The attorney will commence services only after the client accepts the quote and pays the required deposit.
Invoices are payable immediately on delivery to the chosen domicilium, unless the client lodges a written objection within seven (7) days of the invoice date.
Disputes: Any dispute about an invoice must be delivered in writing to the attorney within seven (7) days of the invoice date. Failure to dispute an invoice within this period constitutes prima facie acceptance of the invoice.

If the attorney’s services are engaged on an hourly basis, the following terms and conditions apply.
Hourly rates: Time is charged in units of fifteen (15) minutes or part thereof.
- Attorney rate: R2,000.00 per hour (R500.00 per 15 minutes).
- Candidate attorney rate: R1,200.00 per hour (R300.00 per 15 minutes).
Daily rate: Where a full day is reserved for Court, arbitration, a disciplinary hearing, or another forum, a daily rate equal to ten (10) times the hourly rate applies. The daily rate applies even if the reserved day does not proceed (see reserved attendance) or proceeds only in part.
Reserved attendance: If an attorney is reserved for a trial, arbitration or hearing and the matter settles five (5) days or less before the reserved start date, the attorney remains entitled to be paid for each day reserved.
Urgency and after-hours: Services performed at the client’s request on an urgent or after-hours basis are charged at R3,000.00 per hour (R750.00 per 15 minutes).

Definition: Disbursements and third-party costs include, but are not limited to, counsel fees, sheriff’s fees, expert fees, witness fees, transcripts, payments into Court, search fees, courier charges, travel, photocopying, correspondent attorney fees and tracing costs.
Payment: Disbursements and third-party costs are for the client’s account and must be paid into the attorney’s trust account before the attorney will instruct the third-party to provide the required services. Alternatively, the client can make a payment to the third party directly and provide proof of payment to the attorney.
Indemnity: The client is unconditionally responsible for payment of all disbursements and third-party costs. The client indemnifies Welman Attorneys Inc. and its individual attorneys against any liability arising from non-payment.

If the client requires the attorney to travel for services, the following terms and conditions apply.
Travel by road is charged at R8.00 per kilometre plus actual fixed costs (toll fees, parking, car hire where applicable).
Air travel is charged at the actual ticket rates.
Accommodation is charged at the actual bed-and-breakfast rates.
Photocopies are charged at R5.00 per A4 page.
Postage and other costs are charged at actual cost.

All fees and disbursements mentioned in these terms and conditions exclude Value Added Tax (VAT). VAT will be added to quotes and invoices where applicable.
Welman Attorneys Inc. will review fees annually. The attorney will notify the clients of any fee changes, and these terms and conditions will be updated accordingly.

In the event a client’s account is not settled within the timeframes set out in these terms and conditions, Welman Attorneys Inc. may suspend or terminate services to the client and take any steps necessary to recover amounts due, including instituting court proceedings.
Accounts not settled within the timeframes set out in these terms and conditions will accrue interest at the rate prescribed by the Prescribed Rate of Interest Act.
For recovery of outstanding amounts, the client agrees to the jurisdiction of the High Court of South Africa.
The client acknowledges that Welman Attorneys Inc. may institute action immediately after the seven (7) day dispute period has expired.
The client agrees that Welman Attorneys Inc. may conduct a consumer trace report or instruct a private investigator at the client’s cost if the client’s whereabouts are unknown.

The client consents to Welman Attorneys Inc. collecting, processing and sharing personal information where necessary to provide legal services, comply with legal obligations, or to enforce these terms and conditions.
The client acknowledges the right to privacy and the lawful conditions under which personal information will be processed.
Personal information may be shared with third parties strictly to execute the client’s instructions or to enforce these terms and conditions.
If the client withholds consent or required information, Welman Attorneys Inc. may be unable to execute the client’s instructions and render effective services.
Personal information supplied will be retained securely for such period as required by law.

The client warrants that, as of the date of engagement of the attorney’s services, they are not subject to any debt review process, debt counselling, administration order, or similar insolvency process.
These terms and conditions constitute the whole agreement between the parties. Any amendment must be in writing and signed by both parties. No verbal amendments are valid.

If any provision of these terms and conditions is held to be invalid or unenforceable, the remainder of the terms and conditions remain in force.
Welman Attorneys Inc. may assign its rights under these terms and conditions to any successor in title or third party without notice to the client.

For questions about these terms and conditions, don’t hesitate to get in touch with Welman Attorneys Inc.