In determining an appropriate attorney and one’s own client fee for professional services (i.e. fees as opposed to disbursements) rendered by this firm to a client and how to assess the value we add to a client’s endeavours and peace of mind, this firm will have regard to those factors referred to hereunder which are recommended by the Law Society of the Northern Provinces as factors that should be taken into account namely:-
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the amount of work done and importance of the work to the client; |
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the complexity of the matter or the difficulty or novelty of the work or questions raised in executing the matter; |
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the skill, labour and specialised knowledge required in relation to the matter in question; |
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the responsibility involved; |
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the number, complexity and importance of the documents prepared or perused, without necessarily having regard to their length; |
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the place where and circumstances in which the services (or any part thereof) were rendered; |
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the time expended in executing the work; |
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where money or property is involved, its amount or value; |
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the importance of the matter to the client; |
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the urgency of the matter; |
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the number of professional and non-professional staff involved in executing the work; |
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the existence of a private tariff. |
However, services rendered often relate to areas where it is inappropriate or difficult (if not impossible) to calculate the same on a time basis only (which is only 1 of 12 factors referred to by the Law Society).
An elusive element which influences the ultimate fee is an amalgamation of abstract thought, concern, responsibility and commitment which is bound up with, inter alia, the complexity and seriousness of the matter, or the importance to the client, as well as the consequences of success or failure in any matter.
We are however sensitive to the fact that there are circumstances in which there may be the need to accommodate a client in regard to the level of charges in any particular matter.
This approach (i.e. our preparedness to accommodate a client) is part of the firm’s philosophy and we recognise that on occasion it is necessary that one recognises and appreciates that there is a need to do so.
This is really part of the bigger picture and part of the process of developing a relationship and a partnership with a client.
Furthermore, and depending upon the nature of the mandate, the possibility of agreeing a fee with a client (on a project basis) exists. That fee could be linked to the success of the negotiations and could comprise (for example) a relatively modest charge with a success fee built into the end or some or other structure that denotes a “linkage” or “partnership” with the client in regard to the success (or not) of the transaction in question being concluded. |