about us > Terms of Engagement

This document sets out the terms and conditions upon which C & A Friedlander Inc [hereinafter referred to as "C & A"] agrees to act on your behalf. These terms may be varied or added to by mutual agreement in writing when your instructions are accepted by us, or at any time thereafter. Please notify us in writing should you require any explanation of these terms. In the absence of any such notice, you will be deemed to have agreed to these terms.

 

1. AUTHORITY:

C & A has the usual authority of attorneys to act on your behalf in relation to all matters necessary or incidental to our engagement. Without limiting the generality of the aforegoing, this includes authority to incur all expenses which we consider necessary or desirable for the proper conduct of the matter.

 

2. PROFESSIONAL DUTIES:

1.In order to discharge our professional duty, C & A will throughout the handling of your matter rely on you to supply all necessary instructions promptly and immediately advise of us any relevant change in circumstances.

2. C & A will not disclose to any other client any confidential information or knowledge which we obtain as a result of acting for you. Similarly we will not disclose to you any confidential information or knowledge which we have obtained as a result of acting for any other client.


3. FEES and DISBURSEMENTS:

1. The basis of C & A`s charges are as per the agreed tariff set out in the covering letter sent with these terms or as otherwise agreed in writing.
2. Certain areas of practice are subject to statutorily determined fees and/or commission. Unless otherwise agreed, our fees will be in accordance with the maximum allowed by these tariffs.
3. Disbursements incurred by C & A on your behalf (including, inter alia, the costs of photocopying, outgoing telephone calls, transmitting and receiving telefaxes and electronic mail, courier charges, stamps, etcetera, amounts paid out on your behalf to Counsel, Sheriffs and other third parties) will be charged in addition to our fees.
4. When disbursements are required, clients will be asked to provide cover to enable us to make those disbursements timeously.
5. Statements reflecting the amounts due from time to time are posted every month and fees are payable on receipt of such statements. All overdue amounts will attract interest at the rate of 2% above prime.
6. Interim accounts may be submitted at appropriate intervals during the course of a matter at our discretion.


4. PAYMENT:

1. C & A`s invoices are due and payable on presentation. We reserve the right to charge interest on any outstanding account at the rate of 2% above prime.
2. In the absence of written instructions to the contrary, C & A shall have the right to appropriate from any amounts held by us in trust from time to time, such amounts as may be necessary to defray disbursements incurred on your behalf or to pay interim fee accounts. Any amounts held by us on account for anticipated fees and disbursements may, in the absence of an express written instruction by you to the contrary, be invested by us with a registered bank or financial institution and the interest which may accrue in respect thereof will similarly be applied on account of fees and disbursements.


5. LITIGATION:

1. If you are successful in litigation proceedings you may be entitled to an Order for the payment of your costs by another party. It should be noted in relation to any such costs Order that:
1. Such an award is at the discretion of the Court;
2. Judicial bodies and other tribunals do usually not make costs Orders;
3. You will be personally liable to us for costs and charges due by you in terms of paragraph 3 above regardless of any Order made against your opponent;
4. It is probable that your opponent will not be ordered to pay the full amount that you have to pay us;
5. If your opponent is funded by Legal Aid, you are not likely to recovery any costs even if you are successful;
6. Your opponent may be unwilling or unable to pay either the sum for which you have been given Judgment or the costs he has been ordered to pay;
2. If you are unsuccessful, you may be ordered to pay your opponent`s costs as well as the charges due by you in terms of paragraph 3 above.


6. INVESTMENTS:

1. If you instruct C & A to invest funds on your behalf from time to time, we shall be entitled to charge a fee [which shall be a percentage of the interest in respect of such investment deducted from such interest] in order to defray administrative expenses incurred in supervising such investment and in complying with the requirements of the Law Society.
2. Any advance that you may seek from us in relation to investment matters will be given in good faith, but we do not accept any responsibility for any investment advice which may be given to you.


7. FILE STORAGE:

At the end of a matter, the file will be stored for a reasonable period [which will be not less than five years] after which it will be destroyed. A charge may be made for retrieving the file from storage at your request and for supplying copies of any documents contained therein.


8. TERMINATION of MANDATE:

Without prejudice to its other rights and remedies, C & A will have the right to cease work and/or terminate any mandate by giving you written notice at your last known address inter alia in the event of:
1. You fail promptly to supply any information or instruction needed by us to act on your behalf or to advise us immediately of any change in circumstances.
2. Any account remaining unpaid for more than ninety days after presentation.
3. We determine at our sole discretion that there exists a conflict of interest between us and any of our clients or between two or more of our clients, or we determine in our sole discretion that we are not in a position properly to perform the mandate given by you.


9. The Financial Intelligence Centre Act (FICA)

FICA was introduced in South Africa to help combat money laundering. Money laundering generally refers to any process where the proceeds of criminal activity are obscured. The money laundering control obligations include:

  • A duty to identify clients;
  • A duty to keep records of business relationships and single transactions;
  • A duty to report suspicious transactions.

These obligations mean that C & A, as an accountable institution, is required to establish and verify the identity of clients before establishing a relationship or concluding a transaction with them.

The information and verifying documentation required differ depending on whether a client is transacting with us in his or her personal capacity, or on behalf of a legal entity.

Should a South African citizen wish to transact with us in a personal capacity, the following documentation will be required:

  • Client's name and identity number verified by a government issued ID document;
  • Client's residential address verified by a municipal utility bill;
  • Client's tax number verified by any document issued by the South African Revenue Service (SARS), stating the client's tax number.

Should the client, however, wish to transact with us as a representative of a legal entity (a South African company, close corporation or trust), we will require information on the entity itself. This includes:

  • Registered name and registration number of the entity, verified by official documentation issued by the Registrar of Companies or the Master of the Supreme Court;
  • VAT number of the entity, verified by any document issued by SARS stating the VAT number;
  • We will also require information on all parties holding a controlling interest in the entity (members of a close corporation, the manager and the controlling shareholders of a company, and the donor, trustees and beneficiaries of a trust);

All information and documentation provided to us is protected by a duty of client confidentiality, and will only be disclosed with the client's consent, or where we are compelled to do so by law.





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