Civil Litigation Attorneys in Phoenix and Durban

Claim assessment

Four questions shape the route.

1. What creates the legal claim or defence?

The dispute may arise from wrongful conduct, negligence, breach of contract, legislation, an insurance policy or another recognised basis. A difficult experience or financial loss must still be connected to a legally enforceable duty and the correct defendant.

2. What evidence proves the material facts?

Contracts, correspondence, medical records, photographs, video, bank records, expert reports and witness evidence serve different purposes. Build a dated chronology and preserve original files. Evidence can disappear while parties attempt informal resolution.

3. What remedy can the court grant?

The remedy may be payment of proven damages, enforcement or cancellation of an agreement, an interdict, declaratory relief or a defence to proceedings already started. The remedy affects jurisdiction, procedure, evidence and cost.

4. Which time limit applies?

Prescription is only one possible deadline. A contract, specialised statute or claim against an organ of state may impose a separate notice or time-bar requirement. A summons already served creates procedural response periods that should be addressed immediately.

Contingency fees

Does the firm take civil cases on “no win, no fee”?

Selected matters may be considered for a contingency-fee agreement after the firm assesses reasonable prospects, the available evidence, likely recovery, expected duration, litigation cost and practical enforceability. The arrangement is not automatic and must comply with the Contingency Fees Act.

A lawful agreement must be written in the prescribed form. Where a success fee is charged, it may not exceed the attorney’s normal fees by more than 100%. In a monetary claim, the success fee may not exceed 25% of the amount awarded or obtained, excluding costs for that calculation.

The agreement must explain success and partial success, fees, disbursements, other funding options, possible liability for an opponent’s taxed costs and the 14-day statutory period in which the client may withdraw in writing, subject to the Act’s terms.

What if contingency funding is unsuitable?

The matter may proceed under a conventional written fee arrangement, depending on its scope. Legal fees should be distinguished from disbursements such as counsel, experts, sheriff’s fees, medical reports, transcripts and other third-party expenses.